NRS 482.36357
Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice

  • protest of dealer
  • hearing
  • exemptions.

1.

Except as otherwise provided in subsection 2, a manufacturer or distributor shall not enter into a franchise which would establish an additional dealership for new vehicles or relocate an existing dealership within the relevant market area of another dealer in the same line and make of vehicles unless:

(a)

The manufacturer or distributor has given written notice of its intention to the Director and to each dealer in the same line and make in the relevant market area; and

(b)

Either of the following conditions occurs:

(1)

None of the dealers affected files a protest with the Director within 15 days after receiving the notice or within 15 days after the end of any appeal procedure provided in the franchise agreement; or

(2)

After a protest has been filed with the Director and the Director has conducted a hearing, the Director finds that there is not good cause for preventing the intended establishment or relocation of a dealership and issues an order authorizing the manufacturer or distributor to establish the additional dealership or relocate the existing dealership.

2.

The requirements of this section do not apply to:

(a)

Relocation of a dealership if the new location is within 2 miles of the former location and is within the same city and relevant market area as the former location.

(b)

The establishment of a branch office of the manufacturer or distributor for the purpose of selling vehicles at a fair, exhibition or similar event if the branch office is not intended to operate for more than 30 days.

(c)

Reopening of a dealership which has been out of operation for less than 2 years.

Source: Section 482.36357 — Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice; protest of dealer; hearing; exemptions., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec36357.

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

Feb. 5, 2021

§ 482.36357’s source at nv​.us