reglab/housing_qa huggingface dataset:
WV Code § 17A-6A-12a (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-12a. Restriction on Motor Vehicle Dealer's Use of Dealership Property

(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) of this section 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 new motor vehicle dealer are in parties to a property use agreement, the dealer agreement between the manufacturer and new motor vehicle dealer is terminated by a manufacturer or by a successor manufacturer or by operation of law and the reason for the termination is not a reason described in paragraphs (1) through (5), inclusive, subdivision (c), section seven of this article, 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.
WV Code § 17A-6A-14 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-14. Acceptance of Vehicles; Risk of Loss or Damage

(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, after a three-day period for proper inspection of the vehicle 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 or repairs to motor vehicles before delivery to a carrier or transporter and shall indemnify the new motor vehicle dealer for any such damages or repairs.(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 ten business days after receipt of the notice of rejection.
WV Code § 17A-6A-14a (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-14a. Open Account Protection

If there is a dispute between the manufacturer, factory branch, distributor or distributor branch and the dealer with respect to any matter referred to this article, either party may notify, in writing, the other party of its request to challenge, through the manufacturer's appeal process or the circuit courts of the state of West Virginia. A manufacturer, factory branch, distributor, or distributor branch may not collect chargebacks, fully or in part, either through direct payment or by charge to the dealer's account, for warranty parts or service compensation, including service incentives, sales incentives, other sales compensation, surcharges, fees, penalties or any financial imposition of any type arising from an alleged failure of the dealer to comply with a policy of, directive from or agreement with the manufacturer, factory branch, distributor or distributor branch until thirty days following final notice of the amount charged to the dealer following all internal processes of the manufacturer, factory, factory branch, distributor or distributor branch. Within thirty days following receipt of final notice, the dealer may, in writing, request a hearing or seek civil relief from the manufacturer's appeal process or the circuit courts of the state of West Virginia. If a dealer requests a hearing or files a civil action, the manufacturer, factory branch, distributor or distributor branch may not collect the chargeback, fully or in part, either through direct payment or by charge to the dealer's account, until the completion of the hearing or civil action, and all appeal, civil or otherwise, have been exhausted concerning the validity of the chargeback.
WV Code § 17A-6A-15 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-15. Indemnity

Notwithstanding the terms of any dealer agreement, a manufacturer or distributor shall indemnify and hold harmless its dealers for any reasonable expenses incurred, including damages, court costs and attorney's fees, arising out of complaints, claims or actions to the extent such complaints, claims or actions relate to the manufacture, assembly, design of a new motor vehicle or other functions by the manufacturer or distributor beyond the control of the dealer, including, without limitation, the selection by the manufacturer or distributor of parts or components for the vehicle, and any damages to merchandise occurring prior to acceptance of the vehicle by the dealer to the dealer if the carrier is designated by the manufacturer or distributor, if the new motor vehicle dealer gives timely notice to the manufacturer or distributor of the complaint, claim or action.
WV Code § 17A-6A-15b (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-15b. Exports; Rebuttable Presumption on Behalf of Dealer

It is unlawful for a manufacturer or distributor to take or threaten to take any adverse action against a dealer pursuant to an export or sale-for-resale prohibition because the dealer sold or leased a vehicle to a customer who either exported the vehicle to a foreign country or resold the vehicle in violation of the prohibition, unless the export or sale-for-resale prohibition policy was provided to the dealer in writing prior to the sale or lease, and the dealer knew or reasonably should have known of the customer's intent to export or resell the vehicle in violation of the prohibition at the time of sale or lease. If the dealer causes the vehicle to be registered in this state or any other state and has determined that the customer is not on a list of known or suspected exporters provided by the manufacturer at the time of sale, a rebuttable presumption is established that the dealer did not have reason to know of the customer's intent to export or resell the vehicle.
WV Code § 17A-6A-15c (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-15c. Manufacturer Performance Standards; Uniform Application, Prohibited Practices

A manufacturer may not require dealer adherence to a performance standard or standards which are not applied uniformly to other similarly situated dealers. In addition to any other requirements of the law, the following shall apply:(1) A performance standard, sales objective or program for measuring dealer performance that may have a material effect on a dealer, including the dealer's right to payment under any incentive or reimbursement program, and the application of the standard, sales objective or program by a manufacturer, distributor or factory branch shall be reasonable and based on accurate information.(2) Upon written request from a dealer participating in the program, the manufacturer shall provide in writing the dealer's performance requirement or sales goal or objective, which shall include a reasonable and general explanation of the methodology, criteria and calculations used.(3) A manufacturer shall allocate a reasonable and appropriate supply of vehicles to assist the dealer in achieving any performance standards established by the manufacturer and distributor.(4) The manufacturer or distributor has the burden of proving by a preponderance of the evidence that the performance standard, sales objective or program for measuring dealership performance complies with this article.
WV Code § 17A-6A-16 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-16. Actions at Law; Damages

(1) If a manufacturer or distributor terminates, cancels, fails to renew or discontinues a dealer agreement for other than good cause as defined in this article, or commits any other violation of this article, the new motor vehicle dealer adversely affected by the actions may bring an action for damages and equitable relief against the manufacturer or distributor. If the new motor vehicle dealer prevails, the dealer may recover, in addition to actual damages, treble damages up to three times the amount of the actual damages awarded, plus reasonable attorney's fees, regardless of the amount in controversy. For the purposes of the award of attorney's fees and costs, whenever the new motor vehicle dealer is seeking injunctive or other relief, the dealer may be considered to have prevailed when a judgment or other final order providing equitable relief is entered in its favor.(2) A manufacturer or distributor who violates this article 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 this article.(4) Any corporation or association which is primarily owned by or composed of dealers and which primarily represents the interests of dealers has standing to file a petition or cause of action with the court of competent jurisdiction for itself or by, for or on behalf of any, or a group of, new motor vehicle dealers for any violation of this article or for the determination of any rights created by this article.(5) In addition to any county in which venue is proper in accordance with the Constitution and laws of this state, in any cause of action brought by a new motor vehicle dealer against a manufacturer or distributor for any violation of this article or for the determination of any rights created by the dealer's franchise agreement, venue is proper in the county in which the dealer is engaged in the business of selling the products or services of the manufacturer or distributor.
WV Code § 17A-6A-17 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-17. Injunctive Relief

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 article. The court may grant injunctive relief or a temporary restraining order without bond.
WV Code § 17A-6A-18 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers|§17A-6A-18. West Virginia Law to Apply

Notwithstanding the terms, provisions or requirements of any franchise agreement, contract or other agreement of any kind between a new motor vehicle dealer and a manufacturer or distributor captive finance source or any subsidiary, affiliate or partner of a manufacturer or distributor, the provisions of this code apply to all such agreements and contracts. Any provisions in the agreements and contracts which violate the terms of this section are null and void.
WV Code § 17A-6B-1 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-1. License Certificate Required; Application

No person shall engage in the license service business in West Virginia without a license certificate. For purposes of this article, the term "license service or services" shall mean any person processing division of motor vehicle documents for compensation when such service or services are offered to the general public.Application for a license certificate shall be made on a form prescribed by the commissioner and shall disclose such information the commissioner requires. Such application shall be verified by an oath or affirmation of the applicant, if an individual, or if the applicant is a copartnership or corporation, by a partner or officer thereof.
WV Code § 17A-6B-2 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-2. Applicant Must Be Bonded

An application for a license certificate must be accompanied by a bond in the penal sum of $25,000 and have a corporate surety authorized to do business in this state, to ensure that the applicant will not, in the conduct of his or her business, make any fraudulent representation which shall cause a financial loss to any purchaser, seller, financial institution, agency, or the State of West Virginia. The bond shall be effective on the date the license certificate is issued.A licensee shall keep the bond in full force and effect at all times. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. The surety on such bond shall have the right to cancel such bond upon giving thirty days notice to the commissioner and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of said cancellation.
WV Code § 17A-6B-3 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-3. Fee Required for License Certificate; Special Fund Created

The initial application fee for a certificate to engage in the license service business is $25. The renewal fee for the certificate is $25.
WV Code § 17A-6B-4 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-4. Investigation Prior to Issuance of License Certificate; Information Confidential

Upon receipt of a completed application, the required bond, and the application fee, the commissioner may conduct such investigation, as necessary, to determine the accuracy of any statements contained in the application and the existence of any other facts relevant in considering such application. To facilitate such investigation, the commissioner may withhold issuance or refusal of the license certificate for a period not to exceed twenty days.Any application for a license certificate under the provisions of this article and any information submitted therewith shall be confidential for the use of the division. No person shall divulge any information contained in any application or any information submitted therewith, except in response to a valid subpoena or subpoena duces tecum issued pursuant to law.
WV Code § 17A-6B-5 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-5. Refusal of License Certificate

If the commissioner finds that the applicant:(1) Has failed to furnish the required bond;(2) Has knowingly made a false statement of a material fact in the application;(3) Has habitually defaulted on financial obligations;(4) Has been convicted of a felony within five years immediately preceding receipt of the application by the commissioner;(5) So far as can be ascertained, has not complied with and will not comply with the registration and title laws of this state;(6) Has been guilty of any fraudulent act in connection with the business of licensing service; or(7) Has done any act or has failed or refused to perform any duty for which the license certificate sought could be suspended or revoked were it then issued and outstanding.Then, upon the basis of the application, such findings, and all other information, the commissioner shall make and enter an order denying the application for a license certificate, which denial is final and conclusive unless an appeal is taken. Otherwise, the commissioner shall issue to the applicant the license certificate which shall entitle the licensee to engage in the license service business.
WV Code § 17A-6B-6 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-6. When Application to Be Made; Expiration of License Certificate; Renewal

(a) The initial application for a license certificate to engage in a license service business shall be made thirty days prior to January 1, 1991. This license shall be valid for one year.(b) Any initial application made after January 1, 1991, and any year thereafter, shall expire on December 31, of that year. (c) A license certificate may be renewed by paying the renewal fee and after review by the commissioner.(d) A license certificate issued in accordance with the provisions of this article shall not be transferable.
WV Code § 17A-6B-7 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-7. Form and Display of License Certificate; Certified Copies of License

(a) The commissioner shall prescribe the form of the license certificate for a license service business. Each license certificate shall have printed thereon the seal of the division, the location of each place of business of the licensee, the year for which the license is issued, the serial number, and such other information the commissioner may prescribe. The license certificate shall be delivered or mailed to the licensee.(b) When a licensee conducts his or her licensed business at more than one location, he or she shall, upon application therefor, obtain from the commissioner, for each such place of business, one certified copy of the license certificate. A fee of $1 shall be paid for each such certified copy. Each licensee shall keep his or her license certificate or certified copy thereof conspicuously posted at each place of business.(c) In the event of the loss or destruction of a license certificate or a certified copy thereof, the licensee shall immediately make application for a certified copy of the license certificate. A fee of $1 shall be required for any such certified copy.
WV Code § 17A-6B-8 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-8. Changes in Business; Action Required

Every license service business shall notify the commissioner within sixty days from the date on which any of the following changes in the business occur:(1) A change of the location of any place of business;(2) A change of the name or trade name under which the licensee engages or will engage in the business;(3) The death of the licensee or any partner or partners thereof;(4) A change in any partners, officers or directors;(5) A change in ownership of the business;(6) A change in the type of legal entity by and through which the licensee engages or will engage in the business; or(7) The appointment of any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, master or receiver.When any change specified in subdivision (1), (2), (3), (4), (5) or (6) occurs, an application for a new license certificate shall immediately be filed with the commissioner: Provided, That when a subdivision (3) change is involved, an application for a new license certificate need not be filed during the balance of the license year if a member of the family of such deceased person succeeds to the interest in the business. Upon receipt and review of the application, a new license certificate shall be issued incorporating the changes. No additional fee for the balance of the license year shall be required for the issuance of any new license certificate issued as a result of any change specified in this section. No new license certificate shall be required for any trustee in bankruptcy, trustee under an assignment for the benefit of creditors, receiver or master, appointed pursuant to law, who shall take charge of or operate such business for the purpose of winding up the affairs of such business or protecting the interests of the creditors of such business.
WV Code § 17A-6B-11 (2021)
2021 West Virginia Code|Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions|Article 6B. License Services|§17A-6B-11. Inspections; Violations and Penalties

(a) The commissioner and all law-enforcement officers of the state, acting at the commissioner's request, are hereby authorized to inspect the place of business and pertinent records, documents and papers of any person required to be licensed under the provisions of this article to the extent deemed reasonably necessary to determine compliance with and violations of this article. For the purpose of making any such inspection, the commissioner and such law-enforcement officers are authorized, at reasonable times, to enter in and upon any such place of business.(b) Any person who shall violate any provision of this article or any final order of the commissioner or board hereunder shall be guilty of a misdemeanor and, the provisions of article eleven of this chapter governing violations of this chapter generally shall be fully applicable thereto.