Maine Revised Statutes > Title 10 > Part 3 > Chapter 204 – Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers
Current as of: 2023 | Check for updates
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| Sections | ||
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| Subchapter 1 | Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers | 1171 – 1186 |
| Subchapter 2 | Maine Motor Vehicle Franchise Board | 1187 – 1190-A |
Terms Used In Maine Revised Statutes > Title 10 > Part 3 > Chapter 204 - Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food. See Maine Revised Statutes Title 22 Sec. 2152
- Agency enforcement action: means an enforcement action initiated by an agency against a small business. See Maine Revised Statutes Title 5 Sec. 90-O
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Board: means the Maine Motor Vehicle Franchise Board created pursuant to section 1187. See Maine Revised Statutes Title 10 Sec. 1171
- Broker: means a person who, for a fee, commission or other valuable consideration, arranges or offers to arrange a transaction involving the sale, for purposes other than resale, of a new motor vehicle and who is not:
A. See Maine Revised Statutes Title 10 Sec. 1171Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agents. See Maine Revised Statutes Title 22 Sec. 2152 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Designated family member: means the spouse, child, grandchild, parent, brother or sister of the owner of a new motor vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealer under the terms of the owner's will, or who, in the case of an incapacitated owner of a new motor vehicle dealer, has been appointed by a court as the legal representative of the new motor vehicle dealer's property. See Maine Revised Statutes Title 10 Sec. 1171 Distributor branch: means a branch office maintained by a distributor or wholesaler who or which sells or distributes new or used motor vehicles to motor vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1171 Distributor representative: means a representative employed by a distributor branch, distributor or wholesaler. See Maine Revised Statutes Title 10 Sec. 1171 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Essential tool: means a tool, implement or other device required by the manufacturer, including but not limited to a tablet, scanner, diagnostic machine, computer, computer program, computer software, website, website portal or similar tool, with respect to which there is no other similar tool or device available from any source other than the manufacturer or the representative of a manufacturer that will perform the function necessary to the diagnosis or repair of a manufacturer's express warranty claim on a new motor vehicle. See Maine Revised Statutes Title 10 Sec. 1171 Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motor vehicles for sale to distributors or motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1171 Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing or contracting motor vehicle dealers or prospective motor vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1171 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal Act: means the Federal Food, Drug and Cosmetic Act (Title 21 U. See Maine Revised Statutes Title 22 Sec. 2152 Food: means articles used for food or drink for humans or other animals, chewing gum and articles used for components of any such article. See Maine Revised Statutes Title 22 Sec. 2152 Food establishment: includes a caregiver, as defined in section 2422, subsection 8?A, and a registered dispensary, as defined in section 2422, subsection 6, that prepare food containing cannabis for medical use by a qualifying patient pursuant to chapter 558?C. See Maine Revised Statutes Title 22 Sec. 2152 Food salvage establishment: means a food establishment engaged in reconditioning or by other means salvaging distressed merchandise and includes any food establishment that sells, buys, warehouses or distributes any salvaged merchandise. See Maine Revised Statutes Title 22 Sec. 2152 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Franchise: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a motor 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 motor vehicles or services related thereto at wholesale, retail, leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1171 Franchisee: means a motor vehicle dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1171 Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a motor vehicle dealer. See Maine Revised Statutes Title 10 Sec. 1171 Good faith: means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as is defined and interpreted in the Uniform Commercial Code, Title 11, section 1?1201, subsection (20). See Maine Revised Statutes Title 10 Sec. 1171 Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Label: means a display of written, printed or graphic matter upon the immediate container of any article. See Maine Revised Statutes Title 22 Sec. 2152 Labeling: means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article. See Maine Revised Statutes Title 22 Sec. 2152 Line make: means motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name. See Maine Revised Statutes Title 10 Sec. 1171 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1171 Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation. Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171 Motor vehicle dealer: means a person other than a manufacturer, distributor, distributor branch, distributor representative, factory branch or factory representative who sells or solicits or advertises the sale of new or used motor vehicles. See Maine Revised Statutes Title 10 Sec. 1171 New motor vehicle: means a motor vehicle that has not been previously sold to any person except a distributor, wholesaler or motor vehicle dealer for resale by a franchise. See Maine Revised Statutes Title 10 Sec. 1171 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Person: means a natural person, corporation, partnership, trust or other entity, and, in case of an entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1171 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. President: means the president of the system. See Maine Revised Statutes Title 20-A Sec. 9000 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Regulatory impact notice: means a written notice from the Secretary of State to the Governor as provided in section 90?S. See Maine Revised Statutes Title 5 Sec. 90-O Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Retail food establishment: means a food establishment where food and food products are offered for sale to the consumer and intended for off-premise consumption. See Maine Revised Statutes Title 22 Sec. 2152 Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto; and any option, subscription or other contract, or solicitation looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1171 Salvage broker: means a person, firm or corporation engaged in buying, selling, distributing or warehousing any distressed merchandise, whether or not in combination with other merchandise, which does not operate a food salvage establishment. See Maine Revised Statutes Title 22 Sec. 2152 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Significant economic hardship: means a hardship created for a small business by a monetary penalty or license suspension or revocation imposed by an agency enforcement action that appears likely to result in the:
A. See Maine Revised Statutes Title 5 Sec. 90-OSmall business: means a business having 50 or fewer employees in the State. See Maine Revised Statutes Title 5 Sec. 90-O Special advocate: means the person appointed pursuant to section 90?P. See Maine Revised Statutes Title 5 Sec. 90-O Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Successor manufacturer: means any manufacturer that succeeds, or assumes any part of the business of, another manufacturer, referred to as the "predecessor manufacturer" as the result of:
A. See Maine Revised Statutes Title 10 Sec. 1171System: means the Maine Community College System, established by chapter 431. See Maine Revised Statutes Title 20-A Sec. 9000 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Venue: The geographical location in which a case is tried. wholesaler: means any person who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains distributor representatives within this State. See Maine Revised Statutes Title 10 Sec. 1171