reglab/housing_qa huggingface dataset:
MI Comp L § 445.1546 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 269 of 1974 - Franchise Investment Law (445.1501 - 445.1546)|Section 445.1546 - Prior Acts, Offenses, Rights, Liabilities, Penalties, Forfeiture, or Punishments Not Impaired or Affected; Transfer of Records, Personnel, and Funds.

445.1546 Prior acts, offenses, rights, liabilities, penalties, forfeiture, or punishments not impaired or affected; transfer of records, personnel, and funds. Sec. 46.  (1) This act does not impair or affect any act done, offense committed, or right accruing, accrued, or acquired, or a liability, penalty, forfeiture, or punishment incurred before this act takes effect, but the same may be enjoyed, asserted, and enforced, as fully and to the same extent as if this act had not been passed.  (2) The department of commerce shall transfer all records related to the administration of this act to the department of attorney general along with personnel and funds sufficient, in the opinion of the attorney general, to carry out this act. History: Add. 1984, Act 92, Eff. June 20, 1984
MI Comp L § 445.1561 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1561 - Short Title; Meanings of Words and Phrases.

445.1561 Short title; Meanings of words and phrases.Sec. 1.  (1) This act shall be known and may be cited as the "motor vehicle franchise act".  (2) For the purposes of this act, the words and phrases defined in sections 2 to 6 have the meanings ascribed to them in those sections, except where the context clearly indicates a different meaning. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 2018, Act 668, Eff. Mar. 28, 2019
MI Comp L § 445.1563 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1563 - Definitions; D to F.

445.1563 Definitions; D to F.Sec. 3.  (1) "Distributor" means any person, including importer, that is located in or outside of this state and is engaged in the business of offering for sale, selling, or distributing new and unaltered motor vehicles to a new motor vehicle dealer under a dealer agreement, that maintains a factory representative that is located in or outside of this state for purposes of conducting that business, or that controls a person that is located in or outside of this state and offers for sale, sells, or distributes new and unaltered motor vehicles to a new motor vehicle dealer. Distributor does not include a person that alters or converts motor vehicles for sale to a new motor vehicle dealer.  (2) "Established place of business" means a permanent, enclosed commercial building located in this state that is easily accessible and open to the public at all reasonable times and at which a new motor vehicle dealer may legally conduct business, including the display and repair of motor vehicles, in compliance with the terms of all applicable buildings codes, zoning, and other land-use regulatory ordinances.  (3) "Executive manager" means any of the following:  (a) An individual who is employed by a new motor vehicle dealer in an executive capacity and who has a written employment agreement with the dealer that includes a right for the executive manager to purchase a controlling interest in the dealership at a future time or on the death or incapacity of the dealer.  (b) An individual who is designated by the new motor vehicle dealer, in an addendum to the dealer agreement, as having authority and responsibility to operate the dealership on a day-to-day basis.  (4) "Factory branch" means an office maintained by a manufacturer or distributor for the purpose of selling or offering to sell vehicles to a distributor, wholesaler, or new motor vehicle dealer or for directing or supervising any factory or distributor representatives. The term includes any sales promotion organization maintained by a manufacturer or distributor that is engaged in promoting the sale of a particular make of new motor vehicles in this state to new motor vehicle dealers.  (5) "Factory representative" means an agent or employee of a manufacturer, distributor, or factory branch retained or employed for the purpose of making or promoting the sale of new motor vehicles or for supervising or contracting with new motor vehicle dealers or proposed motor vehicle dealers. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 1998, Act 456, Imd. Eff. Dec. 30, 1998 ;-- Am. 2010, Act 140, Imd. Eff. Aug. 4, 2010 ;-- Am. 2018, Act 668, Eff. Mar. 28, 2019
MI Comp L § 445.1565 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1565 - Definitions; N to P.

445.1565 Definitions; N to P.Sec. 5.  (1) "New motor vehicle" means a motor vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold only to a new motor vehicle dealer and for which the new motor vehicle dealer has not issued an original title.  (2) "New motor vehicle dealer" means a person, including a distributor, that holds a dealer agreement granted by a manufacturer, distributor, or importer for the sale or distribution of its motor vehicles; is engaged in the business of purchasing, selling, exchanging, or dealing in new motor vehicles; and has an established place of business in this state.  (3) "Person" means a natural person, partnership, corporation, limited liability company, association, trust, estate, or other legal entity.  (4) "Proposed new motor vehicle dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor. Proposed motor vehicle dealer does not include a person whose dealer agreement is being renewed or continued. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 1998, Act 456, Imd. Eff. Dec. 30, 1998 ;-- Am. 2010, Act 139, Imd. Eff. Aug. 4, 2010
MI Comp L § 445.1568 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1568 - Acts Not Constituting Good Cause for Termination, Cancellation, Nonrenewal, or Discontinuance of Dealer Agreement.

445.1568 Acts not constituting good cause for termination, cancellation, nonrenewal, or discontinuance of dealer agreement.Sec. 8.  Notwithstanding any agreement, the following alone shall not constitute good cause for the termination, cancellation, nonrenewal, or discontinuance of a dealer agreement under section 7(1)(c):  (a) A change in ownership of the new motor vehicle dealer's dealership. This subdivision does not authorize any change in ownership that would have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturer's or distributor's prior written consent.  (b) The refusal of the new motor vehicle dealer to purchase or accept delivery of any new motor vehicle parts, accessories, or any other commodity or services not ordered by the new motor vehicle dealer.  (c) The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a dealer agreement for the sale of another make or line of new motor vehicles, or that the new motor vehicle dealer has established another make or line of new motor vehicles in the same dealership facilities as those of the manufacturer or distributor, provided that the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicles, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the dealer agreement and with the reasonable facilities' requirements of the manufacturer or distributor.  (d) The fact that the new motor vehicle dealer sells or transfers ownership of the dealership or sells or transfers capital stock in the dealership to the new motor vehicle dealer's spouse, son, or daughter. However, a sale or transfer described in this subdivision does not have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturer's or distributor's prior written consent.  (e) For purposes of this section, the failure of the new motor vehicle dealer to achieve any performance standard or criteria that are unreasonable, inequitable, or discriminatory. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 2018, Act 668, Eff. Mar. 28, 2019
MI Comp L § 445.1569 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1569 - Burden of Proof.

445.1569 Burden of proof. Sec. 9.  For each termination, cancellation, nonrenewal, or discontinuance, the manufacturer or distributor shall have the burden of proof for showing that it has acted in good faith, that the notice requirement has been complied with, and that there was good cause for the termination, cancellation, nonrenewal, or discontinuance. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1570 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1570 - Notice of Termination, Cancellation, Nonrenewal, or Discontinuance of Dealer Agreement.

445.1570 Notice of termination, cancellation, nonrenewal, or discontinuance of dealer agreement. Sec. 10.  Notwithstanding any agreement, prior to the termination, cancellation, nonrenewal, or discontinuance of any dealer agreement, the manufacturer or distributor shall furnish notice of the termination, cancellation, nonrenewal, or discontinuance to the new motor vehicle dealer as follows:  (a) Except as provided in subdivision (c) or (d), notice shall be made not less than 90 days prior to the effective date of the termination, cancellation, nonrenewal, or discontinuance.  (b) Notice shall be by certified mail to the new motor vehicle dealer and shall contain the following:  (i) A statement of intention to terminate, cancel, not renew, or discontinue the dealer agreement.  (ii) A statement of the reasons for the termination, cancellation, nonrenewal, or discontinuance.  (iii) The date on which the termination, cancellation, nonrenewal, or discontinuance takes effect.  (c) Notwithstanding subdivision (a), notice shall be made not less than 15 days prior to the effective date of the termination, cancellation, nonrenewal, or discontinuance for any of the following reasons:  (i) Insolvency of the new motor vehicle dealer, or the filing of any petition by or against the new motor vehicle dealer under any bankruptcy or receivership law.  (ii) Failure of the new motor vehicle dealer to conduct his or her customary sales and service operations during his or her customary business hours for 7 consecutive business days.  (iii) Conviction of the new motor vehicle dealer or its principal owners of a crime, but only if the crime is punishable by imprisonment in excess of 1 year under the law under which the dealer was convicted, or the crime involved theft, dishonesty, or false statement regardless of the punishment.  (iv) Revocation of any license under which the new motor vehicle dealer is required to have to operate a dealership.  (v) A fraudulent misrepresentation by the new motor vehicle dealer to the manufacturer or distributor, which is material to the dealer agreement.  (d) Notwithstanding subdivision (a), notice shall be made not less than 12 months prior to the effective date of a termination, cancellation, nonrenewal, or discontinuance if a manufacturer or distributor discontinues production of the new motor vehicle dealer's product line or discontinues distribution of the product line in this state. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1578 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1578 - Liability for Damage to New Motor Vehicles; Rejection of New Motor Vehicle by Dealer; Credit.

445.1578 Liability for damage to new motor vehicles; rejection of new motor vehicle by dealer; credit. Sec. 18.  (1) Notwithstanding the terms, provisions, or conditions of any agreement, a new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. Acceptance by the new motor vehicle dealer shall occur when the new motor vehicle dealer signs a delivery receipt for any motor vehicle.  (2) Notwithstanding the terms, provisions, or conditions of any agreement, the manufacturer or distributor is liable for all damages to motor vehicles before delivery to a carrier or transporter.  (3) The new motor vehicle dealer is liable for damages to new motor vehicles after delivery to the carrier only if the dealer selects the method of transportation, mode of transportation, and the carrier. In all other instances, the manufacturer or distributor is liable for new motor vehicle damage.  (4) If the new motor vehicle dealer rejects a new motor vehicle pursuant to this section, the manufacturer or distributor shall credit the dealer's account within 10 business days after receipt of the notice of rejection. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1579 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1579 - Indemnification of Dealer Against Certain Judgments; Payment of Costs, Fees, and Judgments; Notice.

445.1579 Indemnification of dealer against certain judgments; payment of costs, fees, and judgments; notice.Sec. 19.  (1) Notwithstanding the terms, provisions, or conditions of any dealer agreement, a manufacturer or distributor shall indemnify and hold harmless its new motor vehicle dealers against any judgment for damages or settlement agreed to in writing by the manufacturer, including, but not limited to, court costs and reasonable attorney's fees of the new motor vehicle dealer arising solely out of the complaints, claims, or actions from defects that relate to the manufacture, assembly, or design of vehicles, parts, or accessories, or other functions by the manufacturer or distributor, that are beyond the control of the dealer, including, without limitation, the selection by the manufacturer or distributor of parts or components for the vehicle, or any damages to merchandise occurring in transit to the dealer if the carrier is designated by the manufacturer or distributor. If a complaint, claim, or action contains independent allegations against the new motor vehicle dealer, the manufacturer shall pay only that portion of the costs, fees, and judgment or settlement that is directly related to the manufacture, assembly, or design of the vehicle, parts, or accessories or other functions of the manufacturer that are beyond the control of the dealer.  (2) A manufacturer must respond to a request for indemnification under this section within 30 days after the date the new motor vehicle dealer submits all documents necessary to support its request to the manufacturer.  (3) A dealer does not have a right to indemnification or attorney fees under subsection (1) unless the dealer has given reasonable notice in writing of the complaint, claim, or action to the manufacturer or distributor. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 1983, Act 188, Imd. Eff. Nov. 1, 1983 ;-- Am. 2018, Act 668, Eff. Mar. 28, 2019
MI Comp L § 445.1580 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1580 - Action for Damages or Declaratory Judgment; Liability.

445.1580 Action for damages or declaratory judgment; liability.Sec. 20.  (1) If a manufacturer terminates, cancels, fails to renew, or discontinues a dealer agreement, without good cause as described in this act, the new motor vehicle dealer may bring an action against the manufacturer to recover actual damages reasonably incurred by the dealer as a result of the termination, cancellation, failure, or discontinuance.  (2) A manufacturer 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 new motor vehicle dealer may bring an action for declaratory judgment for determination of any controversy arising under this act.  (4) A manufacturer that violates this act shall be liable for all court costs and reasonable attorney fees incurred by a dealer in an action under this section. History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 2010, Act 138, Imd. Eff. Aug. 4, 2010
MI Comp L § 445.1581 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1581 - Injunctive Relief.

445.1581 Injunctive relief. Sec. 21.  Upon proper application to the circuit court, a manufacturer or distributor or new motor vehicle dealer may obtain appropriate injunctive relief against termination, cancellation, nonrenewal, or discontinuance of a dealer agreement or any other violation of this act. The court may grant injunctive relief or a temporary restraining order without bond. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1582 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1582 - Act Inapplicable to Dealer Outside Michigan.

445.1582 Act inapplicable to dealer outside Michigan. Sec. 22.  Notwithstanding the terms, provisions, or conditions of a dealer agreement, this act shall have no application to dealers located outside the state of Michigan. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1582a (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1582a - Existing Agreements and Agreements Entered Into or Renewed After Effective Date.

445.1582a Existing agreements and agreements entered into or renewed after effective date.Sec. 22a.  (1) The 1998 amendments to this act that added this section apply to agreements in existence on December 30, 1998 and to agreements entered into or renewed after December 30, 1998.  (2) The amendments to this act made by the amendatory act that added this subsection apply to dealer agreements entered into or renewed, or existing dealer agreements that are materially and substantially amended, after the effective date of this subsection. History: Add. 1998, Act 456, Imd. Eff. Dec. 30, 1998 ;-- Am. 2018, Act 668, Eff. Mar. 28, 2019
MI Comp L § 445.1583 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 118 of 1981 - Motor Vehicle Franchise Act (445.1561 - 445.1583)|Section 445.1583 - Repeal of MCL 445.521 to 445.534.

445.1583 Repeal of MCL 445.521 to 445.534. Sec. 23.  Act No. 331 of the Public Acts of 1978, being sections 445.521 to 445.534 of the Compiled Laws of 1970, is repealed. History: 1981, Act 118, Imd. Eff. July 19, 1981
MI Comp L § 445.1591 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 67 of 2012 - Nonrecourse Mortgage Loan Act (445.1591 - 445.1595)|Section 445.1591 - Short Title.

445.1591 Short title.Sec. 1.  This act shall be known and may be cited as the "nonrecourse mortgage loan act". History: 2012, Act 67, Imd. Eff. Mar. 29, 2012 Compiler's Notes: Enacting section 1 of Act 67 of 2012 provides:"Enacting section 1. The legislature recognizes that it is inherent in a nonrecourse loan that the lender takes the risk of a borrower's insolvency, inability to pay, or lack of adequate capital after the loan is made and that the parties do not intend that the borrower is personally liable for payment of a nonrecourse loan if the borrower is insolvent, unable to pay, or lacks adequate capital after the loan is made. The legislature recognizes that the use of a post closing solvency covenant as a nonrecourse carveout, or an interpretation of any provision in a loan document that results in a determination that a post closing solvency covenant is a nonrecourse carveout, is inconsistent with this act and the nature of a nonrecourse loan; is an unfair and deceptive business practice and against public policy; and should not be enforced. It is the intent of the legislature that this act applies to any claim made or action taken to enforce a post closing solvency covenant on or after the effective date of this act; to any claim made to enforce a post closing solvency covenant that is pending on the effective date of this act; and to any action to enforce a post closing solvency covenant that is pending on the effective date of this act, unless a judgment or final order has been entered in that action and all rights to appeal that judgment or final order have been exhausted or have expired."
MI Comp L § 445.1593 (2021)
2021 Michigan Compiled Laws|Chapter 445 - Trade and Commerce|Act 67 of 2012 - Nonrecourse Mortgage Loan Act (445.1591 - 445.1595)|Section 445.1593 - Post Closing Solvency Covenant; Prohibited Use.

445.1593 Post closing solvency covenant; prohibited use.Sec. 3.  (1) A post closing solvency covenant shall not be used, directly or indirectly, as a nonrecourse carveout or as the basis for any claim or action against a borrower or any guarantor or other surety on a nonrecourse loan.  (2) A provision in the documents for a nonrecourse loan that does not comply with subsection (1) is invalid and unenforceable. History: 2012, Act 67, Imd. Eff. Mar. 29, 2012 Compiler's Notes: Enacting section 1 of Act 67 of 2012 provides:"Enacting section 1. The legislature recognizes that it is inherent in a nonrecourse loan that the lender takes the risk of a borrower's insolvency, inability to pay, or lack of adequate capital after the loan is made and that the parties do not intend that the borrower is personally liable for payment of a nonrecourse loan if the borrower is insolvent, unable to pay, or lacks adequate capital after the loan is made. The legislature recognizes that the use of a post closing solvency covenant as a nonrecourse carveout, or an interpretation of any provision in a loan document that results in a determination that a post closing solvency covenant is a nonrecourse carveout, is inconsistent with this act and the nature of a nonrecourse loan; is an unfair and deceptive business practice and against public policy; and should not be enforced. It is the intent of the legislature that this act applies to any claim made or action taken to enforce a post closing solvency covenant on or after the effective date of this act; to any claim made to enforce a post closing solvency covenant that is pending on the effective date of this act; and to any action to enforce a post closing solvency covenant that is pending on the effective date of this act, unless a judgment or final order has been entered in that action and all rights to appeal that judgment or final order have been exhausted or have expired."