reglab/housing_qa huggingface dataset:
WA Rev Code § 46.96.035 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.035 - Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.

RCW 46.96.035 Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for a termination, cancellation, or nonrenewal under RCW 46.96.070(2), or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the fair market value of the motor vehicle dealer's goodwill for the make or line as of the date immediately preceding any communication to the public or dealer regarding termination. To the extent the franchise agreement provides for the payment or reimbursement to the new motor vehicle dealer in excess of the value specified in this section, the provisions of the franchise agreement control.(2) The manufacturer shall pay the new motor vehicle dealer the value specified in subsection (1) of this section within ninety days after the date of termination.[ 2010 c 178 § 8.]
WA Rev Code § 46.96.040 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

RCW 46.96.040 Determination of good cause, good faith—Petition, notice, decision, appeal.A new motor vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question shall continue in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer, the franchise in question shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.[ 1989 c 415 § 4.]
WA Rev Code § 46.96.050 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

RCW 46.96.050 Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.96.070(2), the administrative law judge shall give the proceeding priority consideration and shall render a final decision not later than sixty days after a petition is filed.(2) The administrative law judge shall conduct the hearing as an adjudicative proceeding in accordance with the procedures provided for in the Administrative Procedure Act, chapter 34.05 RCW. The administrative law judge shall render the final decision and shall enter a final order. Except as otherwise provided in RCW 34.05.446 and 34.05.449, all hearing costs shall be borne on an equal basis by the parties to the hearing.(3) A party to a hearing under this chapter may be represented by counsel. A party to a hearing aggrieved by the final order of the administrative law judge concerning the termination, cancellation, or nonrenewal of a franchise may seek judicial review of the order in the superior court in the manner provided for in RCW 34.05.510 through 34.05.598. A petitioner for judicial review need not exhaust all administrative appeals or administrative review processes as a prerequisite for seeking judicial review under this section.[ 1989 c 415 § 5.]
WA Rev Code § 46.96.070 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.070 - Notice of termination, cancellation, or nonrenewal.

RCW 46.96.070 Notice of termination, cancellation, or nonrenewal.Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle dealer. For the purposes of this chapter, the discontinuance of the sale and distribution of a new motor vehicle line, or the constructive discontinuance by material reduction in selection offered, such that continuing to retail the line is no longer economically viable for a dealer is, at the option of the dealer, considered a termination, cancellation, or nonrenewal of a franchise. The notice shall be by certified mail or personally delivered to the new motor vehicle dealer and shall state the intention to terminate, cancel, or not renew the franchise, the reasons for the termination, cancellation, or nonrenewal, and the effective date of the termination, cancellation, or nonrenewal. The notice shall be given:(1) Not less than ninety days before the effective date of the termination, cancellation, or nonrenewal;(2) Not less than fifteen days before the effective date of the termination, cancellation, or nonrenewal with respect to any of the following that constitute good cause for termination, cancellation, or nonrenewal:(a) Insolvency of the new motor vehicle dealer or the filing of any petition by or against the new motor vehicle dealer under bankruptcy or receivership law;(b) Failure of the new motor vehicle dealer to conduct sales and service operations during customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the new motor vehicle dealer;(c) Conviction of the new motor vehicle dealer, or principal operator of the dealership, of a felony punishable by imprisonment; or(d) Suspension or revocation of a license that the new motor vehicle dealer is required to have to operate the new motor vehicle dealership where the suspension or revocation is for a period in excess of thirty days;(3) Not less than one hundred eighty days before the effective date of termination, cancellation, or nonrenewal, where the manufacturer intends to discontinue sale and distribution of the new motor vehicle line.[ 2010 c 178 § 2; 1989 c 415 § 7.]
WA Rev Code § 46.96.090 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.090 - Payments by manufacturer for dealership facilities.

RCW 46.96.090 Payments by manufacturer for dealership facilities.(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the dealer costs for any relocation, substantial alteration, or remodeling of a dealer's facilities required by a manufacturer for the granting of a franchise or the continuance or renewal of a franchise agreement completed within three years of the termination, cancellation, or nonrenewal and:(a) A sum equivalent to rent for the unexpired term of the lease or one year, whichever is less, or such longer term as provided in the franchise, if the new motor vehicle dealer is leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or(b) A sum equivalent to the reasonable rental value of the new motor vehicle dealership facilities for one year or until the facilities are leased or sold, whichever is less, if the new motor vehicle dealer owns the new motor vehicle dealership facilities.(2) The rental payment required under subsection (1) of this section is only required to the extent that the facilities were used for activities under the franchise and only to the extent the facilities were not leased for unrelated purposes. If the rental payment under subsection (1) of this section is made, the manufacturer is entitled to possession and use of the new motor vehicle dealership facilities for the period rent is paid.[ 2014 c 214 § 5; 2010 c 178 § 3; 1989 c 415 § 9.]NOTES:Application—2014 c 214: See note following RCW 46.70.045.
WA Rev Code § 46.96.100 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.100 - Mitigation of damages.

RCW 46.96.100 Mitigation of damages.RCW 46.96.030 through 46.96.090 do not relieve a new motor vehicle dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.[ 1989 c 415 § 10.]
WA Rev Code § 46.96.170 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.170 - Hearing—Procedures, costs, appeal.

RCW 46.96.170 Hearing—Procedures, costs, appeal.(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in that subsection. The administrative law judge shall render the final decision as expeditiously as possible, but in any event not later than one hundred twenty days after a protest is filed. If more than one protest is filed, the one hundred twenty days commences to run from the date the last protest is filed. A party to such a hearing aggrieved by the final order of the administrative law judge may appeal as provided and allowed in RCW 46.96.050(3).[ 1994 c 274 § 4.]
WA Rev Code § 46.96.180 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.180 - Exceptions.

RCW 46.96.180 Exceptions.RCW 46.96.140 through 46.96.170 do not apply:(1) To the sale or transfer of the ownership or assets of an existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that location;(2) To the relocation of an existing new motor vehicle dealer within the dealer's relevant market area, if the relocation is not at a site within eight miles of any new motor vehicle dealer of the same line make;(3) If the proposed new motor vehicle dealer is to be established at or within two miles of a location at which a former new motor vehicle dealer of the same line make had ceased operating within the previous twenty-four months;(4) Where the proposed relocation is two miles or less from the existing location of the relocating new motor vehicle dealer; or(5) Where the proposed relocation is to be further away from all other existing new motor vehicle dealers of the same line make in the relevant market area.[ 1994 c 274 § 5.]
WA Rev Code § 46.96.190 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.190 - Prohibited practices by manufacturer.

RCW 46.96.190 Prohibited practices by manufacturer.A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to waive, limit, or disclaim a right that the dealer may have to protest the establishment or relocation of another motor vehicle dealer in the relevant market area as provided in RCW 46.96.150.[ 1994 c 274 § 6.]
WA Rev Code § 46.96.192 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.192 - Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.

RCW 46.96.192 Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.A manufacturer may not take or threaten to take any adverse action against a new motor vehicle dealer, including charge backs, reducing vehicle allocations, or terminating or threatening to terminate a franchise, because the dealer sold or leased a vehicle to a customer who exported the vehicle to a foreign country or who resold the vehicle, unless the manufacturer or distributor definitively proves that the dealer knew or reasonably should have known that the customer intended to export or resell the vehicle. A manufacturer or distributor shall, upon demand, indemnify, hold harmless, and defend any existing or former franchisee or franchisee's successors or assigns from any and all claims asserted, or damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate to any claim made or asserted, by a third party against the franchisee for any policy, program, or other behavior suggested by the manufacturer for sales of vehicles to parties that intend to export a vehicle purchased from the franchisee.[ 2010 c 178 § 10.]
WA Rev Code § 46.96.194 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.194 - Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.

RCW 46.96.194 Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.A manufacturer or distributor shall not enter into an agreement or understanding with a new motor vehicle dealer that requires the dealer to waive any provisions of this chapter. However, a dealer may, by written contract and for valuable and reasonable separate consideration, waive, limit, or disclaim a manufacturer's obligations or a dealer's rights under RCW 46.96.080, 46.96.090, 46.96.105, 46.96.140, and 46.96.150, if the contract sets forth the specific provisions of this chapter that are waived, limited, or disclaimed. A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to enter into such an agreement or understanding.[ 2010 c 178 § 12.]
WA Rev Code § 46.96.196 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.196 - Practices by brand owner.

RCW 46.96.196 Practices by brand owner.(1) Notwithstanding the terms of a franchise agreement, a brand owner shall not directly or indirectly:(a) Require a new motor vehicle dealer to offer a secondary product;(b) Require a new motor vehicle dealer to provide a customer with a disclosure not otherwise required by law; or(c) Prohibit a new motor vehicle dealer from offering a secondary product including, but not limited to:(i) Service contracts;(ii) Maintenance agreements;(iii) Extended warranties;(iv) Protection product guarantees;(v) Guaranteed asset protection waivers;(vi) Insurance;(vii) Replacement parts;(viii) Vehicle accessories;(ix) Oil; or(x) Supplies.(2) It is not a violation of this section for a brand owner to offer an incentive program to new motor vehicle dealers to encourage them to sell or offer to sell a secondary product approved, endorsed, sponsored, or offered by the brand owner, provided the program does not provide vehicle sales or service incentives.(3) It is not a violation of this section for a brand owner to prohibit a new motor vehicle dealer from using secondary products for any repair work paid for by the brand owner under the terms of a warranty, recall, service contract, extended warranty, maintenance plan, or certified preowned vehicle program established or offered by the brand owner.(4) For the purposes of this section:(a) "Brand owner" means a manufacturer, distributor, factory branch, factory representative, agent, officer, parent company, wholly or partially owned subsidiary, affiliate entity, or other person under common control with a factory, importer, or distributor.(b) "Common control" has the same meaning as in RCW 48.31B.005.(c) "Customer" means the retail purchaser of a vehicle or secondary product from a new motor vehicle dealer.(d) "Original equipment manufacturer parts" means parts manufactured by or for a vehicle's original manufacturer or its designee.(e) "Secondary product" means all products that are not new motor vehicles or original equipment manufacturer parts.[ 2020 c 174 § 1.]
WA Rev Code § 46.96.210 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.210 - Petition and hearing—Filing fee, costs, security.

RCW 46.96.210 Petition and hearing—Filing fee, costs, security.The department shall determine and establish the amount of the filing fee required in RCW 46.96.040, 46.96.110, 46.96.150, and 46.96.200. The fees shall be set in accordance with RCW 43.24.086.The department may also require the petitioning or protesting party to give security, in such sum as the department deems proper but not in any event to exceed one thousand dollars, for the payment of such costs as may be incurred in conducting the hearing as required under this chapter. The security may be given in the form of a bond or stipulation or other undertaking with one or more sureties.At the conclusion of the hearing, the department shall assess, in equal shares, each of the parties to the hearing for the cost of conducting the hearing. Upon receipt of payment of the costs, the department shall refund and return to the petitioning party such excess funds, if any, initially posted by the party as security for the hearing costs. If the petitioning party provided security in the form of a bond or other undertaking with one or more sureties, the bond or other undertaking shall then be exonerated and the surety or sureties under it discharged.[ 1994 c 274 § 8; 1989 c 415 § 19. Formerly RCW 46.96.130.]
WA Rev Code § 46.96.230 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.230 - Manufacturer incentive programs.

RCW 46.96.230 Manufacturer incentive programs.(1) A manufacturer or distributor shall pay a motor vehicle dealer's claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval of the claim. A claim that is not disapproved or disallowed within thirty days after the manufacturer or distributor receives the claim is deemed automatically approved. If the motor vehicle dealer's claim is not approved, the manufacturer or distributor shall provide the dealer with written notice of the reasons for the disapproval at the time notice of disapproval is given.(2) A manufacturer may not deny a claim based solely on a motor vehicle dealer's incidental failure to comply with a specific claim-processing requirement that results in a clerical error or other administrative technicality.(3) Notwithstanding the terms of a franchise agreement or other contract with a manufacturer or distributor, a motor vehicle dealer has one year after the expiration of a manufacturer or distributor incentive program to submit a claim for payment or compensation under the program.(4) Notwithstanding the terms of a franchise agreement or other contract with a dealer and except as provided in subsection (5) of this section, after the expiration of one year after the date of payment of a claim under a manufacturer or distributor incentive program, a manufacturer or distributor may not:(a) Charge back to a motor vehicle dealer, whether directly or indirectly, the amount of a claim that has been approved and paid by the manufacturer or distributor under an incentive program;(b) Charge back to a motor vehicle dealer, whether directly or indirectly, the cash value of a prize or other thing of value awarded to the dealer under an incentive program; or(c) Audit the records of a motor vehicle dealer to determine compliance with the terms of an incentive program. Where, however, a manufacturer or distributor has reasonable grounds to believe that the dealer committed fraud with respect to the incentive program, the manufacturer or distributor may audit the dealer for a fraudulent claim during any period for which an action for fraud may be commenced under applicable state law.(5) Notwithstanding subsection (4)(a) and (b) of this section, a manufacturer or distributor may make charge-backs to a motor vehicle dealer if, after completion of an audit of the dealer's records, the manufacturer or distributor can show, by a preponderance of the evidence, that (a) the claim was intentionally false or fraudulent at the time it was submitted to the manufacturer or distributor, or (b) with respect to a claim under a service incentive program, the repair work was improperly performed in a substandard manner or was unnecessary to correct a defective condition.[ 2003 c 21 § 5.]NOTES:Captions not law—2003 c 21: See note following RCW 46.96.020.
WA Rev Code § 46.96.240 (2021)
2021 Revised Code of Washington|Title 46 - Motor Vehicles|Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.|46.96.240 - Venue.

RCW 46.96.240 Venue.Notwithstanding the provisions of a franchise agreement or other provision of law to the contrary, the venue for a cause of action, claim, lawsuit, administrative hearing or proceeding, arbitration, or mediation, whether arising under this chapter or otherwise, in which the parties or litigants are a manufacturer or distributor and one or more motor vehicle dealers, is the state of Washington. It is the public policy of this state that venue provided for in this section may not be modified or waived in any contract or other agreement, and any provision contained in a franchise agreement that requires arbitration or litigation to be conducted outside the state of Washington is void and unenforceable.This section does not apply to a voluntary dispute resolution procedure that is not binding on the dealer.[ 2003 c 21 § 6.]NOTES:Captions not law—2003 c 21: See note following RCW 46.96.020.