Mich. Comp. Laws § 445.1921
Short title.
This act shall be known and may be cited as the "recreational vehicle franchise act".
Michigan Compiled Laws — RECREATIONAL VEHICLE FRANCHISE ACT (Act 33 of 2009)
Michigan · statute · 33 of 2009, Mich. Comp. Laws · 15 active provisions
Mich. Comp. Laws § 445.1923
Definitions.
As used in this act: (a) "Area of sales responsibility" means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the public. (b) "Dealer" means a per…
Mich. Comp. Laws § 445.1925
Sale of recreational vehicles; dealer agreement required; dealer's area of sales responsibility; sale outside of designated area; principal of dealer; designation or successor plan.
(1) A manufacturer shall not sell a recreational vehicle in the state to or through a dealer unless the manufacturer has a dealer agreement with the dealer that meets the requirements of this act and is signed by both parties. (2) Except as provided in subsection (4), a dealer shall not sell a new recreational vehicle…
Mich. Comp. Laws § 445.1927
Publication of prices, charges, and terms of sale; offer of rebate, discount, or program; imposition of certain requirements in renewal of dealer agreement; limitation.
(1) A manufacturer shall from time to time publish its prices, charges, and terms of sale for recreational vehicles and may only sell a recreational vehicle to a dealer in accordance with the published prices, charges, and terms of sale in effect at the time of sale. (2) If a manufacturer offers a dealer a rebate, disc…
Mich. Comp. Laws § 445.1929
Termination or nonrenewal of dealer agreement by manufacturer; good cause required; burden; factors; notice; option by manufacturer to repurchase from dealer; return of items; "good cause" defined.
(1) A manufacturer, directly or through any officer, agent, or employee, may not terminate or not renew a dealer agreement without good cause. (2) A manufacturer has the burden of showing good cause for terminating or not renewing a dealer agreement. All of the following factors must be considered in determining whethe…
Mich. Comp. Laws § 445.1931
Termination or nonrenewal of dealer agreement by dealer; good cause required; provisions applicable to termination.
(1) A dealer may not terminate a dealer agreement without good cause. A dealer that terminates a dealer agreement shall provide the manufacturer with written notice at least 90 days before the effective date of the termination. (2) All of the following apply to a termination of a dealer agreement under this section for…
Mich. Comp. Laws § 445.1933
Sale of line-make after termination or nonrenewal.
The department may not prohibit a dealer from selling a particular line-make after a dealer agreement has been terminated or not renewed under section 9 or 11. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer, the dealer may continue to sell all line-makes that wer…
Mich. Comp. Laws § 445.1935
Change of ownership; death, incapacity, or retirement of designated principal.
(1) All of the following apply to a proposed sale of the business assets, transfer of the stock, or other transaction that will result in a change of ownership of a dealer, except a transaction described in subsection (2): (a) The dealer must provide written notice to the manufacturer at least 90 days before the propos…
Mich. Comp. Laws § 445.1937
Warrantor; obligations; audits; submission of claims; notice of inability to perform warranty repairs; approval or disapproval of claim by warrantor.
(1) A warrantor has all of the following obligations to each dealer engaged in the sale or lease of products that are covered by a warranty from that warrantor: (a) To specify in writing to the dealer the dealer's obligations, if any, for preparation, delivery, and warranty service on its products. (b) To compensate th…
Mich. Comp. Laws § 445.1939
Warrantor; prohibited conduct; indemnification; "products" and "warranted products" defined.
(1) A warrantor shall not do any of the following: (a) Fail to perform all of its warranty obligations with respect to a warranted product. (b) In any written notice of a factory campaign to recreational vehicle owners and dealers, fail to include the expected date by which necessary parts and equipment, including tire…
Mich. Comp. Laws § 445.1941
Dealer; prohibited conduct; indemnification.
(1) A dealer shall not do any of the following: (a) Fail to perform predelivery inspection of products, if required, in a competent and timely manner. (b) If a transient customer requests service work on a recreational vehicle of a line-make that the dealer is authorized to display and sell, fail to perform any warrant…
Mich. Comp. Laws § 445.1943
Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer.
(1) All of the following apply if a new recreational vehicle is damaged before it is shipped to a dealer, or is damaged in transit to the dealer and the manufacturer selected the carrier or means of transportation: (a) The dealer shall notify the manufacturer of the damage within the time period specified in the dealer…
Mich. Comp. Laws § 445.1945
Coercion; prohibitions; definition.
(1) A manufacturer may not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order. (2) A manufacturer may not coerce or attempt to coerce a dealer to enter into any agreement with the manufacturer. (3) A manufacturer may not coerce or attempt to coerce a dealer to enter into…
Mich. Comp. Laws § 445.1947
Violation of act; civil action; attorney fees; venue; mediation; written demand; service; selection of mediator; filing of complaint, petition, protest, or other action; order suspending action; costs.
(1) A dealer, manufacturer, or warrantor injured by another party's violation of this act may bring a civil action in circuit court to recover its actual damages. The court shall award attorney's fees and costs to the prevailing party in a civil action under this section. (2) The venue for a civil action under this sec…
Mich. Comp. Laws § 445.1949
Injunction; bond.
(1) In addition to any remedy available under this act or otherwise available by law, a manufacturer, warrantor, or dealer may apply to a circuit court for the grant, after a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining any person from doing any of the follow…