NRS 482.36423
Action for injunctive relief or civil damages

  • service of process
  • time to answer or plead.

1.

Whenever it appears that a person has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

2.

In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his or her business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by the dealer or person, and the cost of suit, including a reasonable attorney’s fee. The amount of pecuniary loss sustained by a dealer, pursuant to subsection 7 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

3.

Any artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the State, who grants a franchise to any dealer in this State may be served with any legal process in any action for injunctive relief or civil damages in the following manner:

(a)

By delivering a copy of the process to the Director; and

(b)

By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons and a copy of the complaint, together with copies of any petition or order for injunctive relief.

4.

The defendant has 30 days, exclusive of the day of service, within which to answer or plead.

5.

The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

Source: Section 482.36423 — Action for injunctive relief or civil damages; service of process; time to answer or plead., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec36423.

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

§ 482.36423’s source at nv​.us