This text of Iowa § 322A.1 (Definitions) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
The following words and phrases when used in this chapter shall, for the purpose of this
chapter, have the meanings respectively ascribed to them:
1. “Additional motor vehicle dealership” includes a facility providing
manufacturer-authorized or distributor-authorized service or warranty work for motor
vehicles, except motor homes, of a line-make in a community in which the same line-make
is represented.
2. “Community” means the franchisee’s area of responsibility as stipulated in the
franchise.
3. “Consumer care” means to perform, for the public, necessary maintenance and repairs
to motor vehicles.
4. “Department” means the state department of transportation.
5. a. “Franchise”meansacontractbetweentwoormorepersonswhenallofthefollowing
conditions are included:
(1)A commercial relationship o
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The following words and phrases when used in this chapter shall, for the purpose of this
chapter, have the meanings respectively ascribed to them:
1. “Additional motor vehicle dealership” includes a facility providing
manufacturer-authorized or distributor-authorized service or warranty work for motor
vehicles, except motor homes, of a line-make in a community in which the same line-make
is represented.
2. “Community” means the franchisee’s area of responsibility as stipulated in the
franchise.
3. “Consumer care” means to perform, for the public, necessary maintenance and repairs
to motor vehicles.
4. “Department” means the state department of transportation.
5. a. “Franchise”meansacontractbetweentwoormorepersonswhenallofthefollowing
conditions are included:
(1) A commercial relationship of definite duration or continuing indefinite duration is
involved.
(2) The franchisee is granted the right to offer and sell motor vehicles manufactured or
distributed by the franchiser.
(3) The franchisee, as an independent business, constitutes a component of the
franchiser’s distribution system.
(4) The operation of the franchisee’s business is substantially associated with the
franchiser’s trademark, service mark, trade name, advertising, or other commercial symbol
designating the franchiser.
(5) The operation of the franchisee’s business is substantially reliant on the franchiser for
the continued supply of motor vehicles, parts, and accessories.
b. “Franchise” includes a separate written agreement between the franchisee and the
franchiser which materially affects the franchise, whether entered into prior to the date of the
franchise, contemporaneously with the franchise, or subsequent to the date of the franchise.
6. “Franchisee” means a person who receives motor vehicles from the franchiser under a
franchise and who offers and sells such motor vehicles to the general public.
7. “Franchiser” means a person who manufactures or distributes motor vehicles and who
may enter into a franchise as hereinafter defined.
8. “Motor vehicle” means “motor vehicles” as defined in chapter 321 which are subject to
registration pursuant to the provisions thereof.
9. “Person” means a sole proprietor, partnership, corporation, or any other form of
business organization.
10. “Substantially detrimental” means that, by a preponderance of the evidence, the
§322A.1, MOTOR VEHICLE FRANCHISERS 2
market share of the franchiser’s motor vehicles in the community will be significantly
reduced in comparison to the franchiser’s historical market share in the community.
11. “Termination or noncontinuance” includes a reduction of the geographic area of a
community.