NRS 482.363521
Termination or discontinuation of franchise: Compensation of dealer.


1.

Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for:

(a)

The dealer’s inventory of new vehicles, including new vehicles not of the current model year if delivered to the dealer during the 18-month period immediately preceding the effective date of the termination or refusal to continue the franchise. As used in this paragraph, a “new vehicle” is one which has not been damaged, materially altered or registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

(b)

The dealer’s inventory of parts and accessories which:

(1)

Have been purchased by the dealer from the manufacturer or distributor; and

(2)

Are listed in a current parts catalog of the manufacturer or distributor.

(c)

Any special tools purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

(d)

Any equipment, furnishings or signs purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

(e)

Except as otherwise provided in subsection 4, the fair rental value for 90 days, and any additional period allowed by the Director after considering the difficulty of finding a new tenant for the dealer’s premises affected, after the effective date of the termination or refusal to continue of the portion of the dealer’s place of business that was used by the dealer to sell or service vehicles or other products of the manufacturer or distributor.

2.

Compensation paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at least equal to the greater of:

(a)

The amount actually paid by the dealer for the vehicles, parts, tools and equipment; or

(b)

The amount currently paid by other dealers in this State for the vehicles, parts, tools and equipment.

3.

If compensation is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the manufacturer or distributor paying the compensation the use and possession of the premises affected.

4.

The manufacturer or distributor is not required to pay compensation pursuant to paragraph (e) of subsection 1 if the dealer has been convicted of a crime involving fraud in connection with his or her application for or operation of the franchise.

5.

This section does not relieve a dealer of the obligation to mitigate damages resulting from the termination or refusal to continue the franchise.

Source: Section 482.363521 — Termination or discontinuation of franchise: Compensation of dealer., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec363521.

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

§ 482.363521’s source at nv​.us