N.Y. VAT. LAW § 466 : NY Code - Section 466: Unreasonable restrictions

Search N.Y. VAT. LAW § 466 : NY Code - Section 466: Unreasonable restrictions

1.  It  shall  be  unlawful  for a
  franchisor directly or indirectly to impose unreasonable restrictions on
  the franchised motor vehicle dealer relative to transfer, sale, right to
  renew  or  termination  of  a  franchise,   discipline,   noncompetition
  covenants, site-control (whether by sublease, collateral pledge of lease
  or  otherwise),  right of first refusal to purchase, option to purchase,
  compliance with subjective standards and assertion of legal or equitable
  rights with respect to its franchise or dealership.
    2. It shall be deemed an unreasonable restriction  upon  the  sale  or
  transfer  of a dealership for a franchisor (i) directly or indirectly to
  prevent or attempt to prevent a franchised  motor  vehicle  dealer  from
  obtaining  the  fair  value  of  the  franchise or the fair value of the
  dealership business as a going concern; or (ii) to refuse to approve the
  sale or transfer of a dealership due to the  fact  that  the  franchised
  motor  vehicle  dealer  owns,  has an investment in, participates in the
  management of or holds a franchise for the sale or  service  of  another
  line  make  of  new motor vehicles, or that the franchised motor vehicle
  dealer  has  established  another  franchise  in  the  same   dealership
  facilities  for  the  sale  or service of another line make of new motor
  vehicles prior to the effective date of this  paragraph,  or  the  other
  franchise has been approved in writing by the franchisor.


« Prev
Procedures relating to warranties and sales incentives
Up
FRANCHISED MOTOR VEHICLE DEALER ACT
Next »
Dealership facilities assistance upon termination, cancellation or nonrenewal

FindLaw Career Center