NRS 482.36354
Modification or replacement of franchise: Notice

  • protest by dealer
  • hearing
  • change of area of primary responsibility of dealer
  • requirement for franchise agreement to be offered if manufacturer is purchased by another manufacturer or entity.

1.

A manufacturer or distributor shall not modify the franchise of a dealer or replace the franchise with another franchise if the modification or replacement would have a substantially adverse effect upon the dealer’s investment or obligations to provide sales and service, unless:

(a)

The manufacturer or distributor has given written notice of its intention to the Director and the dealer affected by the intended modification or replacement; and

(b)

Either of the following conditions occurs:

(1)

The dealer does not file a protest with the Director within 30 days after receiving the notice; or

(2)

After a protest has been filed with the Director and the Director has conducted a hearing, the Director issues an order authorizing the manufacturer or distributor to modify or replace the franchise.

2.

The notice required by subsection 1 must be given to the dealer and to the Director at least 60 days before the date on which the intended action is to take place.

3.

If a manufacturer or distributor changes the area of primary responsibility of a dealer, the change constitutes a modification of the franchise of the dealer for the purposes of NRS 482.36311 to 482.36425, inclusive. As used in this subsection, “area of primary responsibility” means the geographic area in which a dealer, pursuant to a franchise agreement, is responsible for selling, servicing and otherwise representing the products of a manufacturer or distributor.

4.

Notwithstanding the provisions of this section, if a manufacturer is purchased by another manufacturer or entity, a dealer must be offered a franchise agreement that is substantially similar to the franchise agreement offered to other dealers of the same line and make of vehicles.

Source: Section 482.36354 — Modification or replacement of franchise: Notice; protest by dealer; hearing; change of area of primary responsibility of dealer; requirement for franchise agreement to be offered if manufacturer is purchased by another manufacturer or entity., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec36354.

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

§ 482.36354’s source at nv​.us