NRS 482.36352
Termination or discontinuation of franchise: Notice

  • grounds
  • protest by dealer
  • hearing.

1.

Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent of the dealer or:

(a)

It has given written notice of its intention to the dealer and the Director; and

(b)

Either of the following conditions occurs:

(1)

The dealer does not file a protest with the Director within the time allowed by this section; or

(2)

After the dealer has filed a protest and the Director has conducted a hearing on the matter, the Director issues an order authorizing the manufacturer or distributor to terminate the franchise or permit it to lapse.

2.

The notice required by this section must be given to the dealer and the Director:

(a)

At least 15 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal include any of the following:

(1)

Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;

(2)

Material misrepresentation by the dealer in applying for the franchise;

(3)

Insolvency of the dealer or the filing of any petition by or against the dealer under any law governing bankruptcy or receivership;

(4)

Any unfair business practice by the dealer after the manufacturer or distributor has issued a written warning to the dealer to desist from that practice;

(5)

Revocation of a dealer’s license under this chapter;

(6)

Conviction of the dealer for a felony; and

(7)

Closure by the dealer for a period longer than 14 days, unless the closure was caused by a force beyond the control of the dealer.

(b)

At least 60 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal do not include one or more of those set forth in paragraph (a).
Ê The notice required by this section must include a statement of the particular grounds for the intended termination or refusal to continue a franchise.

3.

A dealer who has received a notice pursuant to this section may file a protest with the Director:

(a)

Within 10 days after receiving the notice if it states one or more of the grounds specified in paragraph (a) of subsection 2;

(b)

Within 30 days after receiving the notice if it does not state one of the grounds specified in that paragraph; or

(c)

In either case, within 30 days after the end of any appellate procedure provided by the manufacturer or distributor.

Source: Section 482.36352 — Termination or discontinuation of franchise: Notice; grounds; protest by dealer; hearing., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec36352.

482.3632
“Factory branch” defined. 482.3634
“Relevant market area” defined. 482.3638
Unfair practices: Release from liability 482.36311
Definitions. 482.36318
“Distributor” defined. 482.36319
“Distributor branch” defined. 482.36345
“Representative” defined. 482.36348
“Vehicle” defined. 482.36349
Certain manufacturers not subject to provisions governing franchises for sales of motor vehicles. 482.36352
Termination or discontinuation of franchise: Notice 482.36354
Modification or replacement of franchise: Notice 482.36355
Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise. 482.36356
Additional criteria for determining existence of good cause for termination, discontinuation, modification or replacement of franchise or for establishing additional dealership or relocating existing dealership. 482.36357
Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice 482.36358
Considerations for determining good cause for establishing or relocating dealership in marketing area of dealer in same line and make of vehicles. 482.36361
Written protests: Notice 482.36363
Hearings: Burden of proof 482.36366
Hearings: Fees for witness 482.36368
Decision of Director: Judicial review 482.36371
Unfair practices: Change in capital structure, executive management, ownership or control 482.36385
Unfair practices: Competition by manufacturer, distributor or branch of factory 482.36386
Unfair practices: Selling or offering to sell new vehicle, parts or accessories at lower actual price than offered or charged another dealer 482.36387
Unfair practices: Ownership or operation of facility for repair or maintenance of vehicles by manufacturer or distributor or certain persons or entities under common control therewith 482.36388
Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories 482.36389
Unfair practices: Requiring dealer to disclose information concerning customer to manufacturer or third party 482.36391
Unfair practices: Inducing dealer by coercion to order or accept vehicle, parts, accessories or other commodities. 482.36395
Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices 482.36396
Death of dealer: Termination of franchise prohibited if dealer designates successor in interest 482.36397
Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor 482.36398
Death of dealer: Operation of business and accounting to heirs or estate by manufacturer or distributor pending assumption by designated successor 482.36399
Assumption of provisions of franchise agreement by successor required. 482.36412
Franchise assumable by successor same as existed at death of dealer. 482.36413
Termination of franchise upon divorce prohibited 482.36414
License as dealer required for assumption of operation of franchise. 482.36419
Exercise of right of first refusal by manufacturer or distributor if transfer of all or substantially all assets of dealership is proposed: Requirements 482.36423
Action for injunctive relief or civil damages 482.36425
Civil penalty 482.363521
Termination or discontinuation of franchise: Compensation of dealer. 482.363523
Termination or discontinuation of franchise: Duties of dealer. 482.363571
Manufacturer prohibited from modifying franchise of or taking adverse action against dealer for selling vehicle which is later exported outside of United States 482.363573
Substantial alteration of existing facility of dealer: Restrictions on manufacturer 482.363574
Compensation to dealer for certain used vehicles subject to recall or other orders 482.363575
Director to adopt regulations for conduct of discovery preliminary to hearings required for termination, discontinuation, modification or replacement of franchises or for establishment or relocation of dealership in marketing area of another dealer in same line and make of vehicles.
Last Updated

Jun. 24, 2021

§ 482.36352’s source at nv​.us