§ 56-16-10 Definitions
§ 56-16-20 Manufacturer’s specification of dealer’s delivery and preparation obligations
§ 56-16-30 Obligation to fulfill warranty agreement
§ 56-16-40 Notification to dealerships of manufacturer’s intention to establish new dealership or relocate existing dealership; civil action challenging new dealership or relocation
§ 56-16-50 Compensation of dealer upon termination, nonrenewal, or cancellation of franchise by manufacturer or distributor
§ 56-16-60 Manufacturer’s compensation of dealer for rental value or rental expense with respect to dealership facilities upon termination, cancellation, or nonrenewal of dealership
§ 56-16-70 Dealer’s voluntary cancellation, nonrenewal, or termination of franchise agreement
§ 56-16-80 Persons to whom chapter applies; jurisdiction of courts
§ 56-16-90 Unfair competition and unfair or deceptive acts or practices
§ 56-16-100 Particular unlawful acts; duty of Office of Administrator with regard to investigation and enjoining of abuses involving motorcycles
§ 56-16-110 Manufacturer’s specification of dealer’s delivery and preparation obligations
§ 56-16-120 Imposition of restrictions on motorcycle dealer or franchisee
§ 56-16-130 Manufacturer’s, distributor’s, or wholesaler’s offer of inducement to dealer in connection with sale of motorcycle to state or political subdivision
§ 56-16-140 License for dealer or wholesaler; exhibition license; fees; penalties for noncompliance
§ 56-16-150 Application for dealer’s or wholesaler’s license; bond; duty to notify Department of Motor Vehicles where information given by applicant changes or licensee ceases operations
§ 56-16-160 Requirement as to dealer’s maintenance of bona fide established place of business; size of business; permanent sign
§ 56-16-170 Records of transfers; organization and legibility; penalties
§ 56-16-180 Denial, suspension, or revocation of license
§ 56-16-200 Civil actions; damages; effect of judgments as prima facie evidence
§ 56-16-210 Contracts violating provisions of this chapter

Terms Used In South Carolina Code > Title 56 > Chapter 16

  • 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.
  • Chambers: A judge's office.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealership facilities: means the real estate, buildings, fixtures, and improvements devoted to the conduct of business under the franchise by the new motorcycle dealer. See South Carolina Code 56-16-10
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 56-16-10
  • Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 56-16-10
  • Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 56-16-10
  • 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 branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 56-16-10
  • Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers. See South Carolina Code 56-16-10
  • Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 56-16-10
  • Franchisee: means a motorcycle dealer to whom a franchise is offered or granted. See South Carolina Code 56-16-10
  • Fraud: means , in addition to its normal legal connotation: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact. See South Carolina Code 56-16-10
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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.
  • lands: as used in this chapter shall be held to cover and include railroads and all property assessed for benefits. See South Carolina Code 49-19-40
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 56-16-10
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 56-16-10
  • New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 56-16-10
  • 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.
  • owner: as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter. See South Carolina Code 49-19-30
  • 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 a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes 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 South Carolina Code 56-16-10
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle 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 South Carolina Code 56-16-10
  • Service of process: The service of writs or summonses to the appropriate party.