State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1436

60-1436. Manufacturer or distributor; prohibitedacts with respect to new motor vehicle dealers.A manufactureror distributor shall not require or coerce any new motor vehicle dealer inthis state to do any of the following:(1) Order or accept delivery of any new motor vehicle, part or accessory,equipment, or other commodity not required by law which was not voluntarilyordered by the new motor vehicle dealer. This section shall not be construedto prevent the manufacturer or distributor from requiring that new motor vehicledealers carry a reasonable inventory of models offered for sale by the manufactureror distributor;(2) Offer or accept delivery of any new motor vehicle with special features,accessories, or equipment not included in the list price of the new motorvehicle as publicly advertised by the manufacturer or distributor;(3) Participate monetarily in any advertising campaign or contest orpurchase any promotional materials, display devices, or display decorationsor materials at the expense of the new motor vehicle dealer;(4) Join, contributeto, or affiliate with an advertising association;(5) Enter into any agreement with the manufactureror distributor or do any other act prejudicial to the new motor vehicle dealerby threatening to terminate a dealer agreement or any contractual agreementor understanding existing between the dealer and the manufacturer or distributor.Notice in good faith to any dealer of the dealer's violation of any termsor provisions of the dealer agreement shall not constitute a violation of the Motor Vehicle Industry RegulationAct;(6) Change the capital structureof the new motor vehicle dealership or the means by or through which the dealerfinances the operation of the dealership, if the dealership at all times meetsany reasonable capital standards determined by the manufacturer in accordancewith uniformly applied criteria;(7) Refrain from participationin the management of, investment in, or the acquisition of any other lineof new motor vehicle or related products as long as the dealer maintains areasonable line of credit for each make or line of vehicle, remains in compliancewith reasonable facilities requirements, and makes no change in the principalmanagement of the dealer;(8) Prospectively assent toa release, assignment, novation, waiver, or estoppel which would relieve anyperson from liability imposed by theact or require any controversy between the new motor vehicle dealerand a manufacturer or distributor to be referred to a person other than theduly constituted courts of the state or the United States, if the referralwould be binding upon the new motor vehicle dealer;(9) Change the location ofthe new motor vehicle dealership or make any substantial alterations to thedealership premises, if such changes or alterations would be unreasonable;(10) Release, convey, or otherwiseprovide customer information if to do so is unlawful or if the customer objectsin writing to doing so, unless the information is necessary for the manufacturer,factory branch, or distributor to meet its obligations to consumers or thenew motor vehicle dealer including vehicle recalls or other requirements imposedby state or federal law;(11) Release to any unaffiliatedthird party any customer information which has been provided by the new motorvehicle dealer to the manufacturer except as provided in subdivision (10) of this section;(12) Establish in connectionwith the sale of a motor vehicle prices at which the dealer must sell productsor services not manufactured or distributed by the manufacturer or distributor,whether by agreement, program, incentive provision, or otherwise; or(13) Underutilize thedealer's facilities by requiring or coercing a dealer to exclude or removefrom the dealer's facilities operations for selling or servicing a line-makeof motor vehicles for which the dealer has a franchise agreement to utilizethe facilities, except that this subdivision does not prohibit a manufacturerfrom requiring exclusive sales facilities that are in compliance with reasonablerequirements for the facilities.Any action prohibited for a manufacturer or distributorunder the Motor Vehicle Industry Regulation Act is also prohibited for a subsidiarywhich is wholly owned or controlled by contract by a manufacturer or distributoror in which a manufacturer or distributor has more than a ten percent ownershipinterest, including a financing division. SourceLaws 1984, LB 825, § 19; Laws 1999, LB 632, § 7; Laws 2010, LB816, § 81.