Maine § 10 §1174 Prohibited conduct

Maine Statutes

§ 10 §1174 — Prohibited conduct

Maine·Title 10 COMMERCE AND TRADE·Part 3 REGULATION OF TRADE·Ch. 204 BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS

The following acts shall be deemed unfair methods of competition and unfair and deceptive practices. It shall be unlawful for any:

1.Damage to public. Manufacturer, factory branch, factory representative, distributor or wholesaler, distributor branch, distributor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith or unconscionable and which causes damage to any of said parties or to the public;

2.Coercion involving deliveries and orders. Manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent or other representative thereof, to coerce or attempt to coerce, any motor vehicle dealer:

3.Certain interference in dealer's business. Manufacturer,

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The following acts shall be deemed unfair methods of competition and unfair and deceptive practices. It shall be unlawful for any:
1.
Damage to public.
Manufacturer, factory branch, factory representative, distributor or wholesaler, distributor branch, distributor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith or unconscionable and which causes damage to any of said parties or to the public;
2.
Coercion involving deliveries and orders.
Manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent or other representative thereof, to coerce or attempt to coerce, any motor vehicle dealer:
3.
Certain interference in dealer's business.
Manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent or other representative thereof:
3-A.
Successor manufacturer.
Successor manufacturer, for a period of 5 years from the date of acquisition of control by that successor manufacturer, to offer a franchise to any person for a line make of a predecessor manufacturer in any franchise market area in which the predecessor manufacturer previously cancelled, terminated, noncontinued, failed to renew or otherwise ended a franchise agreement with a franchisee who had a franchise facility in that franchise market area without first offering the franchise to the former franchisee at no cost, unless:
4.
Dealer violations.
Motor vehicle dealer:
5.
Discovered recall and warranty repairs.
Manufacturer to deny a claim by a motor vehicle dealer for performing a covered warranty repair or required recall repair on a vehicle if the dealer discovered the need for the repair during the course of a separate repair request by the customer.

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Legislative History

PL 1975, c. 573 (NEW). PL 1979, c. 498, §1 (AMD). PL 1981, c. 331, §§4-6 (AMD). PL 1981, c. 470, §§A23-A25 (AMD). PL 1995, c. 65, §A15 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 269, §1 (AMD). PL 1997, c. 521, §§8-22 (AMD). PL 1999, c. 766, §§1,2 (AMD). PL 2003, c. 356, §§6-8 (AMD). RR 2009, c. 1, §§12, 13 (COR). PL 2009, c. 53, §1 (AMD). PL 2009, c. 367, §§2-6 (AMD). PL 2009, c. 432, §2 (AMD). RR 2013, c. 1, §§13-20 (COR). RR 2013, c. 2, §14 (COR). PL 2013, c. 534, §§2-6 (AMD). PL 2015, c. 329, Pt. C, §§1-3 (AMD). PL 2015, c. 329, Pt. C, §4 (AFF). PL 2017, c. 217, §§1-5 (AMD). PL 2019, c. 113, Pt. C, §4 (AMD). PL 2021, c. 676, Pt. A, §16 (AMD). RR 2023, c. 2, Pt. C, §15 (COR).