State Codes and Statutes

Statutes > New-york > Vat > Title-4 > Article-17-a > 466

§ 466. Unreasonable  restrictions.  1.  It  shall  be  unlawful  for a  franchisor directly or indirectly to impose unreasonable restrictions on  the franchised motor vehicle dealer relative to transfer, sale, right to  renew  or  termination  of  a  franchise,   discipline,   noncompetition  covenants, site-control (whether by sublease, collateral pledge of lease  or  otherwise),  right of first refusal to purchase, option to purchase,  compliance with subjective standards and assertion of legal or equitable  rights with respect to its franchise or dealership.    2. It shall be deemed an unreasonable restriction  upon  the  sale  or  transfer  of a dealership for a franchisor (i) directly or indirectly to  prevent or attempt to prevent a franchised  motor  vehicle  dealer  from  obtaining  the  fair  value  of  the  franchise or the fair value of the  dealership business as a going concern; or (ii) to refuse to approve the  sale or transfer of a dealership due to the  fact  that  the  franchised  motor  vehicle  dealer  owns,  has an investment in, participates in the  management of or holds a franchise for the sale or  service  of  another  line  make  of  new motor vehicles, or that the franchised motor vehicle  dealer  has  established  another  franchise  in  the  same   dealership  facilities  for  the  sale  or service of another line make of new motor  vehicles prior to the effective date of this  paragraph,  or  the  other  franchise has been approved in writing by the franchisor.

State Codes and Statutes

Statutes > New-york > Vat > Title-4 > Article-17-a > 466

§ 466. Unreasonable  restrictions.  1.  It  shall  be  unlawful  for a  franchisor directly or indirectly to impose unreasonable restrictions on  the franchised motor vehicle dealer relative to transfer, sale, right to  renew  or  termination  of  a  franchise,   discipline,   noncompetition  covenants, site-control (whether by sublease, collateral pledge of lease  or  otherwise),  right of first refusal to purchase, option to purchase,  compliance with subjective standards and assertion of legal or equitable  rights with respect to its franchise or dealership.    2. It shall be deemed an unreasonable restriction  upon  the  sale  or  transfer  of a dealership for a franchisor (i) directly or indirectly to  prevent or attempt to prevent a franchised  motor  vehicle  dealer  from  obtaining  the  fair  value  of  the  franchise or the fair value of the  dealership business as a going concern; or (ii) to refuse to approve the  sale or transfer of a dealership due to the  fact  that  the  franchised  motor  vehicle  dealer  owns,  has an investment in, participates in the  management of or holds a franchise for the sale or  service  of  another  line  make  of  new motor vehicles, or that the franchised motor vehicle  dealer  has  established  another  franchise  in  the  same   dealership  facilities  for  the  sale  or service of another line make of new motor  vehicles prior to the effective date of this  paragraph,  or  the  other  franchise has been approved in writing by the franchisor.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vat > Title-4 > Article-17-a > 466

§ 466. Unreasonable  restrictions.  1.  It  shall  be  unlawful  for a  franchisor directly or indirectly to impose unreasonable restrictions on  the franchised motor vehicle dealer relative to transfer, sale, right to  renew  or  termination  of  a  franchise,   discipline,   noncompetition  covenants, site-control (whether by sublease, collateral pledge of lease  or  otherwise),  right of first refusal to purchase, option to purchase,  compliance with subjective standards and assertion of legal or equitable  rights with respect to its franchise or dealership.    2. It shall be deemed an unreasonable restriction  upon  the  sale  or  transfer  of a dealership for a franchisor (i) directly or indirectly to  prevent or attempt to prevent a franchised  motor  vehicle  dealer  from  obtaining  the  fair  value  of  the  franchise or the fair value of the  dealership business as a going concern; or (ii) to refuse to approve the  sale or transfer of a dealership due to the  fact  that  the  franchised  motor  vehicle  dealer  owns,  has an investment in, participates in the  management of or holds a franchise for the sale or  service  of  another  line  make  of  new motor vehicles, or that the franchised motor vehicle  dealer  has  established  another  franchise  in  the  same   dealership  facilities  for  the  sale  or service of another line make of new motor  vehicles prior to the effective date of this  paragraph,  or  the  other  franchise has been approved in writing by the franchisor.