Maine Revised Statutes Title 10 Sec. 1442-A – Written agreements; designated territories
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1. Prohibition. A manufacturer or distributor may not sell a recreational vehicle in this State to or through a dealer without having first entered into a dealer agreement with the dealer that has been signed by both parties.
[PL 2009, c. 562, §27 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1442-A
- Area of sales responsibility: means the geographical area agreed to by the dealer and the manufacturer in the dealer agreement within which the dealer has the exclusive right to display the manufacturer's new recreational vehicles of a particular line make to the retail public. See Maine Revised Statutes Title 10 Sec. 1432
- Contract: A legal written agreement that becomes binding when signed.
- Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
- Dealer agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a recreational vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of recreational vehicles or services related to recreational vehicles at wholesale, retail or leasing. See Maine Revised Statutes Title 10 Sec. 1432
- Line make: means a specific series of recreational vehicles that:
A. See Maine Revised Statutes Title 10 Sec. 1432Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432 New recreational vehicle: means a recreational vehicle that has not been previously sold to any person except a distributor or wholesaler or recreational vehicle dealer for resale. See Maine Revised Statutes Title 10 Sec. 1432 Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432 Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in a recreational vehicle or of any dealer agreement related to a recreational vehicle and any option, subscription or other contract, or solicitation looking to a sale, or any offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1432 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Designation of area of sales responsibility. A manufacturer shall designate the area of sales responsibility assigned to a dealer in the dealer agreement and may not change the area or contract with another dealer for sale of the same line make in the area during the duration of the agreement. If, subsequent to entering into a dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicles, or enters into an agreement to increase a preexisting commitment to sell any competing recreational vehicles, a manufacturer may revise the area of sales responsibility designated in the dealer agreement if the market penetration of the manufacturer’s products is compromised by the dealer’s subsequent agreements.
[PL 2009, c. 562, §27 (NEW).]
3. Change of area of sales responsibility. The area of sales responsibility may not be changed until one year after the execution of the dealer agreement. The consent of both parties is required to change the dealer agreement.
[PL 2009, c. 562, §27 (NEW).]
4. Sale of new recreational vehicles. A dealer may not sell a new recreational vehicle in this State without having first entered into a dealer agreement with a manufacturer or distributor that has been signed by both parties.
[PL 2009, c. 562, §27 (NEW).]
SECTION HISTORY
PL 2009, c. 562, §27 (NEW).