§ 445.1921 Short title
§ 445.1923 Definitions
§ 445.1925 Sale of recreational vehicles; dealer agreement required; dealer’s area of sales responsibility; sale outside of designated area; principal of dealer; designation or successor plan
§ 445.1927 Publication of prices, charges, and terms of sale; offer of rebate, discount, or program; imposition of certain requirements in renewal of dealer agreement; limitation
§ 445.1929 Termination or nonrenewal of dealer agreement by manufacturer; good cause required; burden; factors; notice; option by manufacturer to repurchase from dealer; return of items; “good cause” defined
§ 445.1931 Termination or nonrenewal of dealer agreement by dealer; good cause required; provisions applicable to termination
§ 445.1933 Sale of line-make after termination or nonrenewal
§ 445.1935 Change of ownership; death, incapacity, or retirement of designated principal
§ 445.1937 Warrantor; obligations; audits; submission of claims; notice of inability to perform warranty repairs; approval or disapproval of claim by warrantor
§ 445.1939 Warrantor; prohibited conduct; indemnification; “products” and “warranted products” defined
§ 445.1941 Dealer; prohibited conduct; indemnification
§ 445.1943 Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer
§ 445.1945 Coercion; prohibitions; definition
§ 445.1947 Violation of act; civil action; attorney fees; venue; mediation; written demand; service; selection of mediator; filing of complaint, petition, protest, or other action; order suspending action; costs
§ 445.1949 Injunction; bond

Terms Used In Michigan Laws > Chapter 445 > Act 33 of 2009

  • Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
  • Adoption attorney: means an attorney acting as counsel in an adoption proceeding or case. See Michigan Laws 710.22
  • Adult former sibling: means an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee. See Michigan Laws 710.22
  • Agency placement: means a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means an individual or individuals who desire to adopt a child and who have submitted an adoption application to a child placing agency. See Michigan Laws 710.22
  • Area of sales responsibility: means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the public. See Michigan Laws 445.1923
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attending practitioner: means a licensed physician or a registered professional nurse certified as a nurse midwife by the Michigan board of nursing. See Michigan Laws 710.22
  • Born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
  • Child: means an individual less than 18 years of age. See Michigan Laws 710.22
  • Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person that is a dealer, as that term is defined in section 11 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Dealer agreement: means a written agreement or contract entered into between a manufacturer and a dealer that establishes the legal rights and obligations of the parties to that agreement or contract and pursuant to which the dealer is authorized to sell new recreational vehicles manufactured or distributed by the manufacturer. See Michigan Laws 445.1923
  • Department: means the family independence agency. See Michigan Laws 710.22
  • Department: means the department of state. See Michigan Laws 445.1923
  • Dependent: A person dependent for support upon another.
  • Direct placement: means a placement in which a parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related to the child within the fifth degree by marriage, blood, or adoption, and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Factory campaign: means an effort by a warrantor to contact recreational vehicle owners or dealers in order to address an issue concerning a problem or defective part or equipment. See Michigan Laws 445.1923
  • Family member: means any of the following:
  (i) A spouse of an individual. See Michigan Laws 445.1923
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Formal placement: means a placement that is approved by the court under section 51 of this chapter. See Michigan Laws 710.22
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Line-make: means a specific series of recreational vehicle products that meet all of the following:
  •   (i) Are identified by a common series trade name or trademark. See Michigan Laws 445.1923
  • Manufacturer: means a person that manufactures or wholesales recreational vehicles or that distributes or wholesales recreational vehicles to dealers. See Michigan Laws 445.1923
  • 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.
  • 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.
  • Park model trailer: means that term as defined in section 38a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
  • Person: means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity. See Michigan Laws 445.1923
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Public vehicle show: means a recreational vehicle show that meets the requirements of section 248(10) of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Recreational vehicle: means that term as defined in section 49a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Relative: means an individual who is related to the child within the fifth degree by marriage, blood, or adoption. See Michigan Laws 710.22
  • Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Suitable to be a parent of an adoptee: means a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child. See Michigan Laws 710.22
  • Temporary placement: means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter. See Michigan Laws 710.22
  • to place: means selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent according to this chapter. See Michigan Laws 710.22
  • Transient customer: means a person who owns a recreational vehicle, is temporarily traveling through a dealer's area of sales responsibility, and engages the dealer to perform service work on that recreational vehicle. See Michigan Laws 445.1923
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Warrantor: means a manufacturer or any other person that provides a warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. See Michigan Laws 445.1923