reglab/housing_qa huggingface dataset:
NE Code § 60-1417.01 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1417.01 - Auction dealer; records; requirements; sale on consignment; title; exception.

60-1417.01.  Auction dealer; records; requirements; sale on consignment; title; exception.(1)(a) Each auction dealer shall establish and retain at the primary place of business a record of the following information for each motor vehicle or trailer coming into his or her possession as an auction dealer: (i) The name of the most recent owner, other than the auction dealer; (ii) the name of the buyer; (iii) the vehicle identification number; (iv) the odometer reading on the date on which the auction dealer took possession of the motor vehicle or trailer; and (v) a bill of sale or other transaction document signed by the seller or the seller's agent and the buyer or the buyer's agent.(b) The dealer shall maintain the information in a manner that permits systematic retrieval for five years following the date of sale of each vehicle or trailer. The information may be maintained in a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form.(c) The auction dealer shall be responsible for insuring that the information required in subdivisions (1)(a)(i), (iii), and (iv) of this section is available to all prospective buyers at the time a vehicle or trailer is offered for sale at auction and shall give the bill of sale or other transaction document required in subdivision (1)(a)(v) of this section to the buyer purchasing the vehicle or trailer at auction.(2) When any dealer, except an auction dealer selling at auction, sells any unit on consignment, he or she shall take title to such unit in his or her own name, except that any dealer or other person, other than the owner of a used mobile home, selling a used mobile home shall not be required to take title but shall complete a buyer's information form approved by the board. The seller of the used mobile home shall be responsible for insuring that a copy of the form is delivered to the buyer prior to closing the sale of the used mobile home. The form shall include the (a) name and address of the record owner of the mobile home, (b) model, (c) year, and (d) serial number.Source   Laws 1974, LB 754, § 16;   Laws 1983, LB 234, § 21;   Laws 1984, LB 825, § 28;   Laws 1991, LB 333, § 3;  Laws 1999, LB 340, § 1;  Laws 2002, LB 1105, § 466.
NE Code § 60-1417.02 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1417.02 - Auction; registration of seller; exception.

60-1417.02.  Auction; registration of seller; exception.(1) Except as otherwise provided in subsection (5) of this section, any person who engages in or attempts to engage in the selling of motor vehicles or trailers at an auction licensed pursuant to the Motor Vehicle Industry Regulation Act shall register to do so. Registration shall be made on a form provided by the auction dealer and approved by the board. A copy of the registration shall serve as proof of registration for the calendar year. The registration information shall be made available and accessible to the board by the auction dealer within seventy-two hours after the registrant has met the registration requirements and such registration is issued. Such registration information shall be maintained and made accessible to the board by the auction dealer for two years. It shall be the duty of the auction dealer to ensure that no seller participates in any sales activities until and unless registration has been received by the auction dealer or unless such seller is otherwise licensed under the act.(2) The information required on the registration form shall include, but not be limited to, the following: (a) The legal name of the registrant; (b) the registrant's current mailing address and telephone number; (c) the business name and address of the person with whom the registrant is associated; and (d) whether or not the registrant is bonded.(3) The registration form shall be signed by the registrant and an authorized representative of the auction and shall be notarized by a notary public.(4) Any person who is convicted of any violation of the act pursuant to section 60-1411.02 may be denied the right to be registered at all licensed auctions of this state following a hearing before the board as prescribed in section 60-1413.(5) A licensed motor vehicle dealer may conduct an auction of excess inventory of used vehicles without being licensed as an auction dealer or registered under this section if the auction conforms to the requirements of this subsection. The licensed motor vehicle dealer shall conduct the auction upon the licensed premises of the dealer, shall sell only used motor vehicles, trailers, or manufactured homes, shall sell only to motor vehicle dealers licensed in Nebraska, shall not sell any vehicles on consignment, and shall not sell any vehicles directly to the public.Source   Laws 1984, LB 825, § 29;  Laws 1999, LB 340, § 2;  Laws 2010, LB816, § 71;  Laws 2013, LB164, § 2.
NE Code § 60-1418 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1418 - Motor vehicle sale; violation; penalty.

60-1418.  Motor vehicle sale; violation; penalty.Any person guilty of violating any of the provisions of section 60-1417 shall be guilty of a Class III misdemeanor.Source   Laws 1945, c. 143, § 10, p. 463;   R.R.S.1943, § 60-618;   Laws 1963, c. 365, § 14, p. 1179;   Laws 1971, LB 768, § 37;   Laws 1977, LB 39, § 96.
NE Code § 60-1420 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1420 - Franchise; termination; noncontinuance; change community; hearing; when required.

60-1420.  Franchise; termination; noncontinuance; change community; hearing; when required.(1) Except as provided in subsection (2) or (3) of this section, no franchisor shall terminate or refuse to continue any franchise or change a franchisee's community unless the franchisor has first established, in a hearing held pursuant to section 60-1425, that:(a) The franchisor has good cause for termination, noncontinuance, or change;(b) Upon termination or noncontinuance, another franchise in the same line-make will become effective in the same community, without diminution of the franchisee's service formerly provided, or that the community cannot be reasonably expected to support such a dealership; and(c) Upon termination or noncontinuance, the franchisor is willing and able to comply with section 60-1430.02.(2) Upon providing good and sufficient evidence to the board, a franchisor may terminate a franchise without such hearing (a) for a particular line-make if the franchisor discontinues that line-make, (b) if the franchisee's license as a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealer is revoked pursuant to the Motor Vehicle Industry Regulation Act, or (c) upon a mutual written agreement of the franchisor and franchisee.(3) A franchisor may change a franchisee's community without a hearing if the franchisor notifies the franchisee of the proposed change at least thirty days before the change, provides the franchisee an opportunity to object, and enters into an agreement with the franchisee regarding the change of the franchisee's community. If no agreement is reached, the franchisor shall comply with sections 60-1420 to 60-1435 prior to changing the franchisee's community.Source   Laws 1971, LB 768, § 20;   Laws 1987, LB 327, § 1;   Laws 1989, LB 280, § 5;  Laws 2010, LB816, § 72;  Laws 2011, LB477, § 2. Annotations  The Federal Arbitration Act preempts Nebraska law which is in conflict with the act. Cornhusker Internat. Trucks v. Thomas Built Buses, 263 Neb. 10, 637 N.W.2d 876 (2002). The means by which a dealership can be terminated are found solely within this section. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995). Where the Nebraska Motor Vehicle Industry Licensing Board's order is clearly conditional, operating only in the event that the franchisor finds another franchisee and notifies the board of the fact that it has done so, it is not a final order and is therefore not appealable. Garber v. State, 241 Neb. 523, 489 N.W.2d 550 (1992).
NE Code § 60-1421 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1421 - Franchise; termination; effect.

60-1421.  Franchise; termination; effect.If franchisor is permitted to terminate or not continue a franchise, and is further permitted not to enter into a franchise, for the line-make in the community, no franchise shall thereafter be entered into for the sale of a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealer of that line-make in the community, unless the franchisor has first established in a hearing held under the Motor Vehicle Industry Regulation Act that there has been a change of circumstances so that the community at that time can be reasonably expected to support the dealership.Source   Laws 1971, LB 768, § 21;  Laws 2010, LB816, § 73.
NE Code § 60-1422 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1422 - Franchise; hearing; approval.

60-1422.  Franchise; hearing; approval.No franchisor shall enter into any franchise for the purpose of establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership or warranty repair service facility, in any community in which the same line-make is then represented, unless the franchisor has first established in a hearing held under the Motor Vehicle Industry Regulation Act that there is good cause for such additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership under such franchise, or warranty repair service facility, and that it is in the public interest.Source   Laws 1971, LB 768, § 22;  Laws 2003, LB 182, § 2;  Laws 2010, LB816, § 74. Annotations In an application for the establishment of a new motor vehicle franchise, the franchisor has the burden of establishing the existence of good cause for establishing the dealership and that such dealership is in the public interest. In re Application of General Motors Corp., 232 Neb. 11, 439 N.W.2d 453 (1989).
NE Code § 60-1423 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1423 - Franchise; contract; fulfillment; violation; damages.

60-1423.  Franchise; contract; fulfillment; violation; damages.Every franchisor and franchisee shall fulfill the terms of any express or implied warranty concerning the sale of a motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer to the public of the line-make which is the subject of a contract or franchise agreement between the parties. If it is determined by the district court that either the franchisor or franchisee, or both, have violated an express or implied warranty, the court shall add to any award or relief granted an additional award for reasonable attorney fees and other necessary expenses for maintaining the litigation.Source  Laws 1971, LB 768, § 23.
NE Code § 60-1424 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1424 - Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application.

60-1424.  Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application.If a franchisor seeks to terminate or not continue any franchise or change a franchisee's community, or seeks to enter into a franchise establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle or trailer dealership of the same line-make, the franchisor shall file an application with the board for permission to terminate or not continue the franchise, to change a franchisee's community, or to enter into a franchise for additional representation of the same line-make in that community, except that no application needs to be filed to change a franchisee's community if an agreement has been entered into as provided in subsection (3) of section 60-1420.Source   Laws 1971, LB 768, § 24;  Laws 2011, LB477, § 3.
NE Code § 60-1425 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1425 - Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application; hearing; notice.

60-1425.  Franchise; termination; noncontinuance; change community; additional dealership of same line-make; application; hearing; notice.Upon receiving an application under section 60-1424, the board shall enter an order fixing a time, which shall be within ninety days of the date of such order, and place of hearing, and shall send by certified or registered mail, with return receipt requested, a copy of the order to the franchisee whose franchise the franchisor seeks to terminate, not continue, or change. If the application requests permission to change a franchisee's community or establish an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership, a copy of the order shall be sent to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. Copies of orders shall be addressed to the franchisee at the place where the business is conducted. The board may also give notice of franchisor's application to any other parties whom the board may deem interested persons, such notice to be in the form and substance and given in the manner the board deems appropriate. Any person who can show an interest in the application may become a party to the hearing, whether or not he or she receives notice, but a party not receiving notice shall be limited to participation at the hearing on the question of the public interest in the termination or continuation of the franchise, the change in community, or the establishment of an additional motor vehicle dealership.Source   Laws 1971, LB 768, § 25;  Laws 2011, LB477, § 4.
NE Code § 60-1426 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1426 - Franchise; termination; additional; application; hearing; continuance.

60-1426.  Franchise; termination; additional; application; hearing; continuance.If the board finds it desirable it may upon request continue the date of hearing for a period of ninety days, and may upon application, but not ex parte, continue the date of hearing for an additional period of ninety days.Source  Laws 1971, LB 768, § 26.
NE Code § 60-1427 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1427 - Franchise; termination; noncontinuance; change community; additional dealership; application; hearing; burden of proof.

60-1427.  Franchise; termination; noncontinuance; change community; additional dealership; application; hearing; burden of proof.Upon hearing, the franchisor shall have the burden of proof to establish that under the Motor Vehicle Industry Regulation Act the franchisor should be granted permission to terminate or not continue the franchise, to change the franchisee's community, or to enter into a franchise establishing an additional motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer dealership.Nothing contained in the act shall be construed to require or authorize any investigation by the board of any matter before the board under the provisions of sections 60-1420 to 60-1435. Upon hearing, the board shall hear the evidence introduced by the parties and shall make its decision solely upon the record so made.Source   Laws 1971, LB 768, § 27;   Laws 1972, LB 1335, § 14;  Laws 2010, LB816, § 75;  Laws 2011, LB477, § 5. Annotations The auto manufacturer-franchisor carries the burden of proof to provide evidence sufficient to terminate an auto franchise. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977).
NE Code § 60-1428 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1428 - Franchise; discovery; inspection; rules of civil procedure.

60-1428.  Franchise; discovery; inspection; rules of civil procedure.The rules of civil procedure relating to discovery and inspection shall apply to hearings held under the Motor Vehicle Industry Regulation Act, and the board may issue orders to give effect to such rules.If issues are raised which would involve violations of any state or federal antitrust or price-fixing law, all discovery and inspection proceedings which would be available under such issues in a state or federal court action shall be available to the parties to the hearing, and the board may issue orders to give effect to such proceedings.Evidence which would be admissible under the issues in a state or federal court action shall be admissible in a hearing held by the board. The board shall apportion all costs between the parties.Source   Laws 1971, LB 768, § 28;  Laws 2010, LB816, § 76.
NE Code § 60-1429 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1429 - Franchise; termination; noncontinuation; change community; additional dealership; acts not constituting good cause.

60-1429.  Franchise; termination; noncontinuation; change community; additional dealership; acts not constituting good cause.Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the following shall not constitute good cause, as used in sections 60-1420 and 60-1422, for the termination or noncontinuation of a franchise, for changing the franchisee's community, or for entering into a franchise for the establishment of an additional dealership in a community for the same line-make:(1) The sole fact that the franchisor desires further penetration of the market;(2) The change of ownership of the franchisee's dealership or the change of executive management of the franchisee's dealership unless the franchisor, having the burden of proof, proves that such change of ownership or executive management will be substantially detrimental to the distribution of the franchisor's motor vehicles, combination motor vehicles and trailers, motorcycles, or trailer products or to competition in the community. Substantially detrimental may include, but is not limited to, the failure of any proposed transferee or individual to meet the current criteria generally applied by the franchisor in qualifying new motor vehicle dealers; or(3) The fact that the franchisee refused to purchase or accept delivery of any motor vehicle, combination motor vehicle and trailer, motorcycle, trailer, vehicle parts or accessories, or other commodity or service not ordered by the franchisee.Source   Laws 1971, LB 768, § 29;   Laws 1984, LB 825, § 32;   Laws 1989, LB 280, § 6;  Laws 2011, LB477, § 6. Annotations  Change of ownership of a franchisee's dealership is not good cause for termination of the franchise unless the franchisor proves that the change of ownership will be substantially detrimental to the distribution of franchisor's motor vehicles in the community. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979). The term "motor vehicle" as used in this section refers to the motor vehicle covered by the franchise and does not refer to all of the motor vehicles which a franchisor may distribute through various divisions and separate franchises. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979). When the franchisee transfers its ownership, the franchisor need not recognize the transfer until after the board has had a chance to act on the issue of whether the transfer is detrimental to the distribution of franchisor's vehicles in the community. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983).
NE Code § 60-1430 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-1430 - Franchise; sale or transfer of ownership; franchisor; duties.

60-1430.  Franchise; sale or transfer of ownership; franchisor; duties.Notwithstanding the terms, provisions, or conditions of any agreement or franchise, subject to subdivision (2) of section 60-1429, in the event of the sale or a contract for sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business or by stock transfer or in the event of change in the executive management of the franchisee's dealership, the franchisor shall give effect to such a change in the franchise unless (1) the transfer of the franchisee's license under the Motor Vehicle Industry Regulation Act is denied or the new owner is unable to obtain a license under the act, as the case may be, or (2) the proposed sale or transfer of the business or change of executive management will be substantially detrimental to the distribution of the franchisor's motor vehicles, combination motor vehicles and trailers, motorcycles, or trailer products or to competition in the community if the franchisor has given written notice of such fact to the franchisee within sixty days of receipt by the franchisor of information reasonably necessary to evaluate the proposed change.Source   Laws 1971, LB 768, § 30;   Laws 1984, LB 825, § 33;   Laws 1989, LB 280, § 7;  Laws 2010, LB816, § 77. Annotations  In the event of sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business, the franchisor shall give effect to such change in the franchise unless the transfer of the franchisee's license under the act is denied or the new owner is unable to obtain a license. S & T Motors v. General Motors Corp., 203 Neb. 188, 277 N.W.2d 701 (1979). After the transfer of a franchise, the franchisor need not give effect to the contract for a change of ownership until it has had the opportunity to show that such a change would be detrimental to the distribution of the franchisor's motor vehicles. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983). When the franchisee transfers its ownership, the franchisor need not recognize the transfer until after the board has had a chance to act on the issue of whether the transfer is detrimental to the distribution of franchisor's vehicles in the community. Kizzier Chevrolet Co. v. General Motors Corp., 705 F.2d 322 (8th Cir. 1983).