28-4413. Prohibiting ownership, operation or
control of a warranty service facility; exception;
objections


A. A manufacturer, factory branch, distributor or distributor branch or a
subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not
directly or indirectly own, operate or control, except on an emergency or interim basis,
a new motor vehicle warranty service facility that is located in this state and that is
not part of a franchise dealership.


B. Subsection A does not apply in a community or county in which a dealer is not
available to perform required warranty repairs or if an existing dealer is unable or
unwilling to perform the warranty repairs required by the manufacturer. If subsection A
does not apply pursuant to this subsection, a dealer may object to a manufacturer,
factory branch, distributor or distributor branch or a subsidiary of a manufacturer,
factory branch, distributor or distributor branch directly or indirectly owning,
operating or controlling a new motor vehicle warranty service facility as provided in
article 5 of this chapter.