Kentucky Statutes 190A.130 – Coercion of recreational vehicle dealer by manufacturer prohibited
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(1) As used in this section, the term “coerce” includes but is not limited to:
(a) Threatening to terminate or not renew a dealer agreement without good cause;
and
(b) Threatening to withhold line-makes or other product lines the dealer is entitled to display and sell under the dealer agreement or delay delivery of recreational vehicles as an inducement to amend the dealer agreement.
(2) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order.
(3) A recreational vehicle manufacturer shall not coerce a dealer to enter into any agreement with the manufacturer.
(4) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to enter into an agreement with the manufacturer or any other person that requires the dealer to submit any disputes by the dealer to binding arbitration or otherwise waive the rights or responsibilities of the dealer under the provisions of this chapter.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 13, effective January 1, 2015.
(a) Threatening to terminate or not renew a dealer agreement without good cause;
Terms Used In Kentucky Statutes 190A.130
- Dealer agreement: means a written agreement or contract entered into between a new recreational vehicle manufacturer and a new recreational vehicle dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer has the exclusive right to sell specific line-makes and models of the manufacturer's new recreational vehicles. See Kentucky Statutes 190A.010
- Manufacturer: means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new recreational vehicles, or imports for distribution through distributors of new recreational vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer. See Kentucky Statutes 190A.010
- recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers, and folding camping trailers. See Kentucky Statutes 190A.010
and
(b) Threatening to withhold line-makes or other product lines the dealer is entitled to display and sell under the dealer agreement or delay delivery of recreational vehicles as an inducement to amend the dealer agreement.
(2) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order.
(3) A recreational vehicle manufacturer shall not coerce a dealer to enter into any agreement with the manufacturer.
(4) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to enter into an agreement with the manufacturer or any other person that requires the dealer to submit any disputes by the dealer to binding arbitration or otherwise waive the rights or responsibilities of the dealer under the provisions of this chapter.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 13, effective January 1, 2015.