SB-1308, As Passed Senate, July 1, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1308
A bill to amend 1981 PA 118, entitled
"An act to regulate motor vehicle manufacturers, distributors,
wholesalers, dealers, and their representatives; to regulate
dealings between manufacturers and distributors or wholesalers and
their dealers; to regulate dealings between manufacturers,
distributors, wholesalers, dealers, and consumers; to prohibit
unfair practices; to provide remedies and penalties; and to repeal
certain acts and parts of acts,"
by amending sections 14, 15, 17, and 20 (MCL 445.1574, 445.1575,
445.1577, and 445.1580), section 14 as amended by 2000 PA 239 and
section 17 as amended by 1983 PA 188, and by adding section 14a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
14. (1) A manufacturer , importer, or distributor shall
not do any of the following:
(a) Adopt, change, establish, or implement a plan or system
for the allocation and distribution of new motor vehicles to new
motor vehicle dealers that is arbitrary or capricious or based on
unreasonable sales and service standards, or modify an existing
plan or system that causes the plan or system to be arbitrary or
capricious or based on unreasonable sales and service standards.
(b)
Fail If requested in
writing by a new motor vehicle
dealer,
fail or refuse to advise or disclose to
any new motor
vehicle
dealer having a dealer agreement, upon written request
therefore,
the dealer the basis upon on which new motor vehicles
of
the same line make are allocated or distributed to new motor
vehicle
dealers in the state and the basis upon on which the
current allocation or distribution is being made or will be made to
that new motor vehicle dealer.
(c) Refuse to deliver to a new motor vehicle dealer in
reasonable quantities and within a reasonable time after receipt of
a
the dealer's order, to any new motor vehicle dealer
having a
dealer
agreement for the retail sale of new motor vehicles sold or
distributed
by a manufacturer or distributor any
such new motor
vehicles
as that are covered by such the dealer
agreement and
specifically publicly advertised in the state by the manufacturer
or
distributor to be as available for immediate delivery. However,
the
failure to deliver any motor vehicle shall not be is not
considered a violation of this act if the failure is due to an act
of God, a work stoppage or delay due to a strike or labor
difficulty, a shortage of materials, a lack of manufacturing
capacity, a freight embargo, or other cause over which the
manufacturer
or distributor has no control. If the a manufacturer
or
distributor requires a new motor
vehicle dealer to purchase
essential service tools with a purchase price in the aggregate of
more than $7,500.00 in order to receive a specific model of
vehicle,
the manufacturer or distributor shall upon on written
request provide the dealer with a good faith estimate in writing of
the number of vehicles of that specific model the dealer will be
allocated
during that in the model year in which the dealer is
required
to purchase the tool. is
required to be purchased.
(d)
Increase prices of the
price of a new motor vehicles which
vehicle that the new motor vehicle dealer had ordered, and then
eventually delivered to, the same retail consumer for whom the
vehicle
was ordered, if the order was made prior to before the
dealer's
receipt of the a written official price increase
notification. A sales contract signed by a private retail consumer
and
binding on the dealer shall constitute constitutes evidence of
each
a vehicle order. In the event of manufacturer or
distributor
price reductions or cash rebates, the dealer shall pass on the
amount
of any reduction or rebate received by a the dealer shall be
passed
on to the private retail consumer. by
the dealer. Any price
reduction in excess of $5.00 shall apply to all vehicles in the
dealer's
inventory which that were subject to the price reduction.
A price difference applicable to new model or series motor vehicles
at the time of the introduction of the new models or the series
shall
not be is not considered a price increase or price decrease.
This
subdivision shall does not apply to price changes caused by
any of the following:
(i) The addition to a motor vehicle of required or optional
equipment pursuant to state or federal law.
(ii) In the case of foreign made vehicles or components,
revaluation of the United States dollar.
(iii) Any increase in transportation charges due to an increase
in
rates charged by a common carrier and transporters or
transporter.
(e)
Offer any refunds or other types of inducements of the
following
to any dealer for the purchase of
new motor vehicles of a
certain
new motor vehicle dealer of a specific line make to be sold
to
this state or any political subdivision of this state without
making
the same offer available upon request to all other new motor
vehicle
dealers of the same line make: .
(i) Any specific model or series of new motor vehicles
manufactured for that line make.
(ii) Any incentives, rebates, bonuses, promotional items, or
other similar benefits payable to the new motor vehicle dealer for
selling new motor vehicles or purchasing new motor vehicles from
the manufacturer.
(iii) Any consumer rebates, vehicle price reductions, or
interest rate reductions or other changes to finance terms that
benefit the consumer.
(iv) Any program that provides marketing and sales assistance
to new motor vehicle dealers, including, but not limited to,
internet listings, sales leads, marketing programs, and dealer
recognition programs.
(f) Release to an outside party, except under subpoena or in
an administrative or judicial proceeding to which the new motor
vehicle
dealer or the manufacturer or distributor are parties, any
business,
financial, or personal information which that has been
provided
by the dealer to the manufacturer, or distributor, unless
the
new motor vehicle dealer gives his or her written consent.
(g) Deny a new motor vehicle dealer the right to associate
with another new motor vehicle dealer for any lawful purpose.
(h) Directly or indirectly own, operate, or control a new
motor vehicle dealer, including, but not limited to, a new motor
vehicle dealer engaged primarily in performing warranty repair
services on motor vehicles pursuant to the manufacturer's warranty,
or a used motor vehicle dealer. This subdivision does not apply to
any of the following:
(i) The ownership, operation, or control by a
manufacturer or
distributor
of a new motor vehicle dealer for a
period of not more
than 24 months during the transition from 1 owner or operator to
another. The circuit court may extend the 24-month time period for
an additional 12 months upon receipt of an application from a
manufacturer
or distributor and a showing of good cause.
(ii) The ownership, operation, or control of a new motor
vehicle
dealer or a used motor vehicle
dealer by a manufacturer or
distributor
while it is being sold under a bona
fide contract or
purchase option to the operator of the new motor vehicle dealer or
the used motor vehicle dealer.
(iii) The direct or indirect ownership by a manufacturer of an
entity that owns, operates, or controls a new motor vehicle dealer
of the same line make franchised by the manufacturer, if all of the
following conditions are met:
(A) As of May 1, 2000, the manufacturer for a period of not
less than 12 months has continuously owned, directly or indirectly,
1 or more new motor vehicle dealers in this state.
(B) All of the new motor vehicle dealers selling the
manufacturer's motor vehicles in this state trade exclusively in
the manufacturer's line make.
(C) As of January 1, 2000, not fewer than 1/2 of the new motor
vehicle dealers of the line make within this state own and operate
2 or more new motor vehicle dealer facilities in the geographic
territory or area covered by the franchise agreement with the
manufacturer.
(D) For a manufacturer or any entity in which the manufacturer
has more than a 45% ownership interest, the manufacturer or entity
has not acquired, operated, or controlled a new motor vehicle
dealer that the manufacturer did not directly or indirectly own as
of May 1, 2000.
(iv) The acquisition by a manufacturer of a used motor vehicle
dealer's license for the purpose of selling motor vehicles to
nonretail buyers.
(i) Sell any new motor vehicle directly to a retail customer
other than through its franchised dealers, unless the retail
customer is a nonprofit organization or a federal, state, or local
government or agency. This subdivision does not prohibit a
manufacturer from providing information to a consumer for the
purpose of marketing or facilitating the sale of new motor vehicles
or from establishing a program to sell or offer to sell new motor
vehicles through the manufacturer's new motor vehicle dealers.
(j) Prevent or attempt to prevent by contract or otherwise any
new motor vehicle dealer from changing the executive management of
a
new motor vehicle dealer unless the manufacturer, or distributor,
having the burden of proof, can show that the change of executive
management will result in executive management by a person or
persons who are not of good moral character or who do not meet
reasonable, preexisting, and equitably applied standards of the
manufacturer. or
distributor. If a manufacturer or distributor
rejects a proposed change in the executive management, the
manufacturer
or distributor shall give written notice of its
reasons to the dealer within 60 days after receiving written notice
from the dealer of the proposed change and all related information
reasonably
requested by the manufacturer, or distributor, or the
change
in executive management shall be is considered approved.
(k) Unreasonably withhold consent to the sale, transfer, or
exchange
of the a new
motor vehicle dealership to a qualified
buyer
that is capable of being licensed as a new motor vehicle dealer in
this state.
(l) Fail to respond in writing to a request for consent to a
sale, transfer, or exchange of a new motor vehicle dealership
within
60 days after receipt of receiving
a written application
from the new motor vehicle dealer on the forms generally utilized
by
the manufacturer or distributor for such that purpose
and
containing
the information required therein in that application.
Failure
to respond to the a request for
consent within the 60 days
shall
be 60-day
period is considered consent to the sale, transfer,
or exchange.
(m) Unfairly prevent a new motor vehicle dealer that sells,
transfers, or exchanges a new motor vehicle dealership from
receiving reasonable compensation for the value of the new motor
vehicle dealership.
(n) Unless the manufacturer enters into a written agreement
with the new motor vehicle dealer that clearly states the amount of
the incentive payments and the period of time during which the
incentive payments are paid, offer incentive payments to a new
motor vehicle dealer in consideration for a new motor vehicle
dealer's promise to do any of the following:
(i) Make material alterations to any facilities at the dealer's
place of business.
(ii) Construct new facilities for the conduct of the business
of the dealership.
(o) Require unreasonable improvements to a facility as a
condition to entering into or renewing a dealer agreement.
(p) Authorize a motor vehicle service and repair facility to
perform motor vehicle warranty repairs and recall work, unless the
work meets any of the following:
(i) Is required for emergency service of a vehicle.
(ii) Is work performed at a service center owned or operated by
a manufacturer on manufacturer-owned vehicle.
(iii) Is work performed by employees of a fleet operator on its
own vehicles.
(q) Own a motor vehicle service and repair facility, except
that a manufacturer may own a service and repair facility for the
repair of manufacturer-owned vehicles.
(r) Engage in conduct that meets all of the following:
(i) Materially affects a new motor vehicle dealer.
(ii) Is capricious, is not in good faith, or is unconscionable.
(iii) Causes damage to a new motor vehicle dealer.
(s) Impose unreasonable standards of performance on a new
motor vehicle dealer or require, attempt to require, coerce, or
attempt to coerce a new motor vehicle dealer to adhere to
performance standards that are not applied uniformly to other
similarly situated new motor vehicle dealers.
(t) Use or consider the performance of a new motor vehicle
dealer in selling the manufacturer's vehicles or the new motor
vehicle dealer's ability to satisfy any minimum sales or market
share quota or responsibility relating to the sale of the new motor
vehicles in determining any of the following:
(i) The new motor vehicle dealer's eligibility to purchase
program, certified, or other used motor vehicles from the
manufacturer.
(ii) The volume, type, or model of program, certified, or other
used motor vehicles that a new motor vehicle dealer is eligible to
purchase from the manufacturer.
(iii) The price of any program, certified, or other used motor
vehicle that the new motor vehicle dealer purchases from the
manufacturer.
(iv) The availability or amount of any discount, credit,
rebate, or sales incentive that the new motor vehicle dealer is
eligible to receive from the manufacturer in connection with any
program, certified, or other used motor vehicle offered for sale by
the manufacturer.
(u) Require that a new motor vehicle dealer provide its
customer lists or service files to the manufacturer, unless
necessary for the sale and delivery of a new motor vehicle to a
consumer, to validate and pay consumer or dealer incentives, or in
connection with the submission of a claim to the manufacturer for
services supplied by the new motor vehicle dealer for any claim for
warranty repairs. This section does not limit a manufacturer's
authority to require or use customer information to satisfy any
safety or recall obligation.
(v) Establish a performance standard or program for measuring
new motor vehicle dealer performance that may have a material
impact on a new motor vehicle dealer that is not fair, reasonable,
and equitable. For purposes of this subdivision, all of the
following apply if a manufacturer does not provide a complete
program description explaining the performance standard or program
details to a new motor vehicle dealer on or before the beginning of
the program:
(i) Within 10 days after receiving a request from the new motor
vehicle dealer, the manufacturer shall provide the new motor
vehicle dealer with a written description of how a performance
standard or program is designed.
(ii) Within 30 days after receiving a request from the new
motor vehicle dealer, the manufacturer shall provide information
relating to how the performance standard or program applies to the
new motor vehicle dealer.
(w) If a new motor vehicle dealer sold or leased a new motor
vehicle to a customer that exported the motor vehicle to a foreign
country or resold the motor vehicle, refuse to allocate, sell, or
deliver new motor vehicles to the dealer; charge back or withhold
payments or other things of value for which the dealer is otherwise
eligible under a sales promotion, program, or contest; prevent a
new motor vehicle dealer from participating in any sales promotion,
program, or contest; or take or threaten to take any other adverse
action against a new motor vehicle dealer, including, but not
limited to, reducing vehicle allocations or terminating or
threatening to terminate a dealer agreement, unless the
manufacturer proves that the new motor vehicle dealer knew or
reasonably should have known that the customer intended to export
or resell the motor vehicle. In an action by a new motor vehicle
dealer for a violation of this subdivision, there is a rebuttable
presumption that a new motor vehicle dealer did not know or should
not reasonably have known of its customer's intent to export or
resell a motor vehicle if the vehicle was titled in the United
States, and the manufacturer bears the burden of rebutting that
presumption.
(x) If a new motor vehicle dealer is a party to a dealer
agreement on the effective date of the amendatory act that added
this subdivision, and the dealer agreement provides for sale of a
competing line make of new motor vehicles at the same place of
business where the manufacturer's line make is sold, require or
otherwise coerce the new motor vehicle dealer to remove the sale or
servicing of new motor vehicles of that competing line make from
that place of business.
(2)
A manufacturer, or distributor, either directly or through
any subsidiary, shall not terminate, cancel, fail to renew, or
discontinue
any lease of the a new motor vehicle dealer's
established place of business except for a material breach of the
lease.
Sec. 14a. (1) A manufacturer shall not require that a new
motor vehicle dealer, a proposed new motor vehicle dealer, or any
owner of an interest in a dealership facility enter into or agree
to a property use agreement as a condition to any of the following:
(a) Awarding a dealer agreement to a prospective new motor
vehicle dealer.
(b) Adding a line make or dealer agreement to an existing new
motor vehicle dealer.
(c) Renewing a dealer agreement with an existing new motor
vehicle dealer.
(d) Approving a relocation of a new motor vehicle dealer's
place of business.
(e) Approving a sale or transfer of the ownership of a
dealership or a transfer of a dealer agreement to another person.
(2) Subsection (1) does not apply to a property use agreement
if any of the following are offered and accepted for that
agreement:
(a) Monetary consideration.
(b) Separate and valuable consideration that can be calculated
to a sum certain.
(3) If a manufacturer and a new motor vehicle dealer are
parties to a property use agreement, the dealer agreement between
the manufacturer and new motor vehicle dealer is terminated by a
manufacturer, by a successor manufacturer, or by operation of law,
and the reason for the termination is not a reason described in
section 10(c), the property use agreement terminates and ceases to
be effective at the time the dealer agreement is terminated.
(4) If any provision contained in a property use agreement
entered into on or after the effective date of the amendatory act
that added this subsection is inconsistent with this section, the
provision is voidable at the election of the affected new motor
vehicle dealer, proposed new motor vehicle dealer, or owner of an
interest in the dealership facility.
(5) As used in this section, "property use agreement" means
any of the following:
(a) An agreement that requires that a new motor vehicle dealer
establish or maintain exclusive dealership facilities.
(b) An agreement that restricts the ability of a new motor
vehicle dealer, or the ability of the dealer's lessor if the dealer
is leasing the dealership facility, to transfer, sell, lease, or
change the use of the place of business of the dealership, whether
by sublease, lease, collateral pledge of lease, right of first
refusal to purchase or lease, option to purchase, option to lease,
or other similar agreement, regardless of who the parties to that
agreement are.
(c) Any similar agreement between a manufacturer and a new
motor vehicle dealer and commonly known as a site control agreement
or exclusive use agreement.
Sec. 15. (1) Any designated family member of a deceased or
incapacitated new motor vehicle dealer or an executive manager of
the dealership may succeed the dealer in the ownership or operation
of the dealership under the existing dealer agreement if the
designated family member or executive manager gives the
manufacturer
or distributor written notice of his or her intention
to succeed to the dealership within 120 days after the dealer's
death or incapacity, agrees to be bound by all of the terms and
conditions
of the dealer agreement, and the designated family
member
meets the current criteria
generally applied by the
manufacturer
or distributor in qualifying new motor vehicle
dealers.
A manufacturer or distributor may refuse to honor continue
the existing dealer agreement with the designated family member
only for good cause.
(2)
The A manufacturer or distributor may request from
a
designated
family member such or
executive manager described in
subsection (1) a completed application form and any personal and
financial
data as is information
that is reasonably necessary to
determine
whether the existing dealer agreement should be honored
continue. The designated family member or executive manager shall
supply the completed application form and personal and financial
data
information promptly upon the on request. As
used in this
subsection and subsection (3), "application form" means the
application form generally used by the manufacturer in connection
with a proposal to continue a dealer agreement under this section.
(3)
If a manufacturer or distributor believes that good cause
exists
for refusing to honor the succession continue a dealer
agreement under this section with a designated family member or
executive
manager described in subsection (1),
the manufacturer or
distributor
may, within 60 days after receipt
of the receiving
notice of the designated family member's or executive manager's
intent
to suceed succeed the dealer in the ownership and operation
of
the dealership, or within 60 days after the receipt of receiving
the
requested personal and financial data information and completed
application
form, serve upon on the designated family
member or
executive manager notice of its refusal to approve the succession.
(4)
The A notice of the refusal served by a manufacturer
or
distributor
provided in under subsection (3) shall state the
specific grounds for the refusal to approve the succession and that
discontinuance
of the agreement shall take effect not less fewer
than 90 days after the date the notice is served.
(5) If a notice of refusal described in subsection (3) is not
served
within the 60 days provided for 60-day
period described in
subsection (3), the dealer agreement shall continue in effect and
shall
be is subject to termination only as otherwise permitted by
under this act.
(6) This section does not preclude a new motor vehicle dealer
from designating any person as his or her successor by written
instrument
filed with the manufacturer. or distributor, and if such
If
the dealer files an instrument is
filed described in this
subsection, it alone shall determine the succession rights to the
management and operation of the dealership.
Sec.
17. (1) Each new motor vehicle manufacturer or
distributor
shall specify in writing to each of
its new motor
vehicle dealers licensed in this state the dealer's obligations for
preparation,
delivery, and warranty service on its products. The A
manufacturer
or distributor shall compensate the a new
motor
vehicle dealer for warranty service required of the dealer by the
manufacturer. or
distributor. The A manufacturer or distributor
shall
provide the a new motor vehicle dealer with the schedule of
compensation to be paid to the dealer for parts, work, and service,
and the time allowance for the performance of the work and service.
(2)
The A schedule of compensation described in subsection (1)
shall
include reasonable compensation for diagnostic work ,
as well
as
and repair
service and labor. Time allowances for the diagnosis
and performance of warranty work and service shall be reasonable
and
adequate for the work to be performed. In the determination of
determining what constitutes reasonable compensation under this
section,
the principal factor to be given consideration shall be is
the prevailing wage rates being paid by dealers in the community in
which
the dealer is doing business, and in no event shall the
compensation of a dealer for warranty labor shall not be less than
the rates charged by the dealer for like service to retail
customers
for nonwarranty service and repairs, provided that such
if those rates are reasonable.
(3)
A manufacturer or distributor shall not do any of the
following:
(a) Fail to perform any warranty obligation.
(b) Fail to include in written notices of factory recalls to
new motor vehicle owners and dealers the expected date by which
necessary parts and equipment will be available to dealers for the
correction of the defects.
(c)
Fail to compensate any of the a
new motor vehicle dealers
dealer
licensed in this state for repairs effected
by made in
connection with the recall.
(4)
All claims A manufacturer
shall pay a claim made by a new
motor
vehicle dealer pursuant to under
this section for labor and
parts
shall be paid within 30 days after their its approval.
All
claims
shall be either approved or disapproved by the manufacturer
or
distributor within 30 days after their receipt on a proper A
manufacturer shall either approve or disapprove a claim within 30
days after receiving the claim, submitted on the form generally
used
by the manufacturer or distributor and containing the usually
required
information therein usually required in the form.
Any
claim not specifically disapproved in writing within 30 days after
the
receipt of the form shall be manufacturer
receives the claim
form is considered
to be approved, and payment shall be made the
manufacturer
shall pay the claim within 30 days. A
claim which has
been
(5) Subject to subsection (10), if a manufacturer has approved
and
paid may not be charged back to the dealer unless the
manufacturer
can show that the claim was fraudulent, false, or
unsubstantiated,
except that a charge back for false or fraudulent
claims
shall not be made more than 2 years after payment, and a
charge
back for unsubstantiated claims shall not be made more than
15
months after payment. a new
motor vehicle dealer for a claim,
the manufacturer may only charge the claim back to the dealer if 1
of the following is met:
(a) The manufacturer shows that the claim is fraudulent or
false. However, the manufacturer may not charge back the amount
paid if the claim is found to be false or fraudulent more than 2
years after payment.
(b) The manufacturer shows that the claim is unsubstantiated,
lacks proper documentation, or shows an improper diagnosis process
or improper repair procedures. However, the manufacturer may not
charge back the amount paid if the claim is found to be
unsubstantiated, to lack proper documentation, or show an improper
diagnosis process or repair procedures more than 12 months after
payment.
(6) A manufacturer may not deny a claim made under this
section because of a new motor vehicle dealer's incidental failure
to comply with a specific claim processing requirement, such as a
clerical error, that does not call into question the legitimacy of
the claim.
(7) A new motor vehicle dealer shall maintain all records of
warranty repairs, including the related time records of its
employees, for at least 2 years following payment of any warranty
claim.
(8) (5)
A manufacturer or distributor shall
compensate the a
new
motor vehicle dealer for manufacturer or distributor sponsored
any sales or service promotion events, programs, or activities
sponsored by the manufacturer, in accordance with established
guidelines
for such those events, programs, or activities.
(9) (6)
All claims made by A
manufacturer shall pay a claim
for
compensation owed to a new motor
vehicle dealer pursuant to
under
subsection (5) (8) for
a promotion events, programs, or
activities
shall be paid event, program,
or activity within 10 days
after
their its approval. All claims shall be either approved or
disapproved
by the A manufacturer or distributor shall either
approve or disapprove a claim for compensation described in this
subsection
within 30 days after their receipt
on a proper receiving
the claim, submitted on the form generally used by the manufacturer
or
distributor and containing the information usually required
information
therein in the form.
Any claim not specifically
disapproved
for compensation the
manufacturer does not specifically
disapprove
in writing within 30 days after the
receipt of the
receiving
the claim form shall be is considered
to be approved, and
payment
shall be made the
manufacturer shall pay the amount of the
claim
within 30 days. The A manufacturer
has the right to may only
charge
back any a claim for 6 months after the later of either the
close
of the promotion event, program, or activity, or the date of
the
payment compensation within 12 months after the date of
payment, or within 12 months after the end of a program if the
duration of the program is 1 year or less.
(10) A manufacturer may not charge a claim back to a new motor
vehicle dealer after the claim is paid unless a representative of
the manufacturer first meets in person or by video teleconference
or telephone with an officer or employee of the dealer designated
by the new motor vehicle dealer, or responds in writing to any
dealer written request for information. All of the following apply
if a meeting is held under this subsection:
(a) At the meeting, the manufacturer shall provide a detailed
explanation, with supporting documentation, of the basis for each
proposed chargeback of a claim to the dealer and a written
statement containing the basis on which the claim or claims of the
dealer were selected for audit or review by the manufacturer.
(b) After the meeting, the manufacturer shall provide the
motor vehicle dealer's representative a reasonable period of time
of at least 45 days to respond to the proposed chargebacks. The
manufacturer shall provide a longer period of time for the dealer
to respond if warranted by the volume of proposed chargebacks.
(c) An unexcused failure or refusal of the dealer or
designated officer or employee of the dealer to schedule, attend,
or participate in the meeting with the manufacturer relieves the
manufacturer from any further obligation under this subsection.
(11) A manufacturer may conduct an audit of the records of a
new motor vehicle dealer relating to a warranty or promotion claim
submitted by a new motor vehicle dealer under this section, but the
manufacturer may only conduct that audit in the time periods
allowed for warranty or promotional claim chargebacks under this
section.
Sec.
20. (1) If a manufacturer or distributor terminates,
cancels,
fails to renew, or discontinues a dealer agreement, for
other
than without good cause as defined described in this act, the
new motor vehicle dealer may bring an action against the
manufacturer
or distributor to recover actual damages reasonably
incurred by the dealer as a result of the termination,
cancellation, failure, or discontinuance.
(2)
A manufacturer or distributor who that violates this act
is liable for all damages sustained by a new motor vehicle dealer
as a result of the violation.
(3)
A manufacturer or distributor or new motor vehicle dealer
may bring an action for declaratory judgment for determination of
any
controversy arising pursuant to under
this act.
(4)
A manufacturer or distributor who that violates this act
shall
may be
liable for all court costs and reasonable attorney's
attorney
fees incurred by the a dealer
in an action under this
section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1309 or House Bill No. 6099 of the 95th
Legislature is enacted into law.