ยง437-34 - Credit sale contracts, when purchase of unlawful.
ยง437-34ย Credit sale contracts, when
purchase of unlawful.ย No person engaged in the business of buying credit
sale contracts from motor vehicle dealers in this State, and no officer, agent,
or representative of such person, shall purchase or attempt to purchase any
such credit sale contract from any motor vehicle dealer in this State:
(1)ย When the dealer in consequence of any contract,
agreement, or arrangement between such person and a manufacturer or distributor
supplying motor vehicles to the dealer has been induced or coerced to sell such
credit sale contract by means of any statement, suggestion, promise, or threat,
made, directly or indirectly, that the manufacturer or distributor supplying
motor vehicles to the dealer would in any manner injure or benefit the dealer,
or by means of any act of the manufacturer or distributor that has benefited or
injured the dealer, or by means of any statement or representation, made,
directly or indirectly, that the dealer is under any obligation whatsoever to make
such sale;
(2)ย When such person has received or has contracted
to receive from any manufacturer or distributor supplying motor vehicles to the
dealer, or has given or contracted to give to the manufacturer or distributor,
any subsidy or thing of service or value, where the effect of the giving or
receiving of such subsidy or thing of service or value may be to lessen or
eliminate competition in the business of purchasing credit sale contracts from
motor vehicle dealers or tend to grant an unfair trade advantage or to create a
monopoly in such person. [L 1939, c 258, ยง18; RL 1945, ยง7379; am L 1951, c 90,
pt of ยง1; RL 1955, ยง160-179; HRS ยง437-34; am L 1987, c 283, ยง29]