LD 75
pg. 3
Page 2 of 4 An Act to Amend the Motor Vehicle Franchise Laws Page 4 of 4
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LR 7
Item 1

 
(3)__Be available, during the period it is effective,
to a franchisee of the same line make at any time and
on the same terms; and

 
(4)__Be for a term not to exceed 3 years as long as a
party to the agreement may terminate the agreement
upon the anniversary of the agreement and with 30
days' prior written notice.__The agreement remains in
effect for the term of the agreement regardless of
the number of motor vehicle dealers of the same line
make that may terminate the agreement.

 
B.__A franchisor that enters into an agreement with its
franchisees pursuant to paragraph A may seek to recover
its costs from only those franchisees that are receiving
their retail rate customarily charged by those franchisees
under subsection 1 subject to the following requirements:

 
(1)__The costs of the franchisor may be recovered
only by increasing the invoice price on new vehicles
received by those franchisees.__For purposes of this
paragraph, "costs" means the difference between the
uniform reimbursement rate set forth in an agreement
entered into pursuant to paragraph A and the retail
rate customarily charged by that franchisee received
by those franchisees of the same line make; and

 
(2)__Invoice price increases imposed for the purpose
of recovering costs may vary from time to time and
from model to model but must apply uniformly to all
franchisees of the same line make in the State that
have requested reimbursement for warranty repairs at
their retail rate customarily charged by that
franchisee, except that a franchisor may make an
exception for vehicles that are titled in the name of
the consumer in another state.

 
C.__If a franchisor contracts with its state motor vehicle
dealers pursuant to this subsection, the franchisor shall
certify under oath to the Secretary of State that a
majority of the franchisees of that line make did agree to
such an agreement and file a sample copy of the agreement.__
On an annual basis, each franchisor shall certify under
oath to the Secretary of State that the reimbursement
costs it recovers under paragraph B do not exceed the
amounts authorized by paragraph B.__The franchisor shall
maintain for a period of 3 years a file that contains the
information upon which its certification is based.


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