28-4458

28-4458. Coercion prohibited

A. A manufacturer of new motor vehicles, factory branch, distributor, distributor
branch, field representative, officer or agent or any representative of a manufacturer of
new motor vehicles, factory branch, distributor, distributor branch, field
representative, officer or agent shall not coerce or attempt to coerce a new motor
vehicle dealer to either:

1. Accept delivery of a new motor vehicle or vehicles, parts or accessories for the
vehicle or vehicles or any other commodities that the dealer has not ordered.

2. Enter into an agreement with the manufacturer, factory branch, distributor,
distributor branch or representative of the manufacturer, factory branch, distributor or
distributor branch.

3. Do any other act unfair to the dealer by threatening to cancel or not renew a
franchise existing between the manufacturer, factory branch, distributor, distributor
branch or representative of the manufacturer, factory branch, distributor or distributor
branch and the dealer.

B. A manufacturer, factory branch, distributor, distributor branch or field
representative or an officer, agent or representative of a manufacturer, factory branch,
distributor, distributor branch or field representative shall not require, coerce or
attempt to coerce any new motor vehicle dealer in this state to refrain from
participation in the management of, investment in or acquisition of any other line-make
of new motor vehicle or related products unless justified by reasonable business
considerations.

C. A manufacturer, factory branch, distributor, distributor branch, field
representative or officer shall not coerce or attempt to coerce a motor vehicle dealer
and a manufacturer shall not do either of the following:

1. Release to any outside party any confidential financial information of the
dealer that may be provided from time to time by the dealer.

2. Release to the general public average or composite prices, identified as such,
based in whole or in part on such financial information.

D. Information described in subsection C, paragraphs 1 and 2 shall not be released
without the express written consent of the dealer, except that it may be released:

1. Pursuant to subpoena or as otherwise required by law in any administrative,
judicial or arbitration proceeding or in any law enforcement investigation.

2. To a law enforcement agency, provided, however, that this exception does not
apply to personal financial information.

E. A manufacturer, importer or distributor shall not adopt, change, establish or
implement a plan or system for the allocation, scheduling or delivery of new motor
vehicles, parts or accessories to its motor vehicle dealers that is not fair, reasonable
and equitable or modify an existing plan or system for the allocation, scheduling or
delivery of new motor vehicles, parts or accessories in a manner that causes the plan or
system to be unreasonable, unfair or inequitable. On the request of a franchisee, a
manufacturer, importer or distributor shall disclose in writing to the franchisee the
basis on which new motor vehicles, parts and accessories are allocated, scheduled and
delivered among the manufacturer's, importer's or distributor's dealers of the same
line-make.