46.2-1993.66 - Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts and extended warranties prohibited.
§ 46.2-1993.66. Coercion of retail dealer by manufacturer or distributor withrespect to retail installment sales contracts and extended warrantiesprohibited.
A. It shall be unlawful for any manufacturer or distributor, or any officer,agent, or representative of either, to coerce or attempt to coerce any retailmotorcycle dealer or prospective retail motorcycle dealer in the Commonwealthto sell or offer to sell extended warranties or to sell, assign, or transferany retail installment sales contract obtained by the dealer in connectionwith the sale by him in the Commonwealth of motorcycles manufactured or soldby the manufacturer or distributor, to a specified finance company or classof finance companies or to any other specified persons by any of thefollowing:
1. Any statement, suggestion, promise, or threat that the manufacturer ordistributor will in any manner benefit or injure the dealer, whether thestatement, suggestion, threat, or promise is expressed or implied or madedirectly or indirectly.
2. Any act that will benefit or injure the dealer.
3. Any contract, or any expressed or implied offer of contract, made directlyor indirectly to the dealer, for handling the motorcycle on the conditionthat the dealer sell, assign, or transfer his retail installment salescontract on the motorcycle, in the Commonwealth, to a specified financecompany or class of finance companies or to any other specified person.
4. Any expressed or implied statement or representation made directly orindirectly that the dealer is under any obligation whatsoever to sell,assign, or transfer any of his retail sales contracts in the Commonwealth onmotorcycles manufactured or sold by the manufacturer or distributor to afinance company, or class of finance companies, or other specified person,because of any relationship or affiliation between the manufacturer ordistributor and the finance company or companies or the specified person orpersons.
B. Any such statements, threats, promises, acts, contracts, or offers ofcontracts, when their effect may be to lessen or eliminate competition ortend to create a monopoly, are declared unfair trade practices and unfairmethods of competition and are prohibited.
C. Any person violating any of the provisions of this article shall be guiltyof a Class 1 misdemeanor.
(1996, cc. 1043, 1052.)