reglab/housing_qa huggingface dataset:
IA Code § 322F.4 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.4 - Security interests not affected.

322F.4 Security interests not affected.   This chapter shall not be construed to affect the existence or enforcement of a security interest which any person, including a supplier or financial institution, may have in the inventory of the dealer.  90 Acts, ch 1077, §5; 94 Acts, ch 1121, §2
IA Code § 322F.5 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.5 - Death or incapacity of dealer.

322F.5 Death or incapacity of dealer.   If a dealer or a person holding a majority interest in a business entity operating a dealership dies or is incapacitated, the rights under this chapter may be exercised as an option by the heirs at law if the dealer or majority interest holder died intestate, or by the executor under the terms of the dealer’s or majority interest holder’s will. If the heirs or the executor do not exercise this option within twelve months from the date of death of the dealer or majority interest holder, the supplier must repurchase the equipment as if the supplier had terminated the dealership agreement pursuant to section 322F.3. However, this section does not entitle an heir, executor, administrator, legatee, or devisee of a deceased dealer or majority interest holder to continue to operate the dealership without the consent of the supplier.  90 Acts, ch 1077, §6; 2003 Acts, ch 55, §6
IA Code § 322F.5A (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.5A - Transfer of dealership.

322F.5A Transfer of dealership.   1. If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an equity ownership interest in the business, the supplier shall approve or deny the request within sixty days after receiving a written request from the dealer. If the supplier has not approved or denied the request within the sixty-day period, the request shall be deemed approved. The dealer’s request shall include reasonable financial information, personal background information, character references, and work histories for each acquiring person.   2. If a supplier denies a request made pursuant to this section, the supplier shall provide the dealer with a written notice of the denial that states the reasons for the denial. A supplier may only deny a request based on the failure of a proposed transferee to meet the reasonable requirements consistently imposed by the supplier in determining whether to approve a transfer or a new dealership.  2005 Acts, ch 27, §1  Referred to in §322F.9
IA Code § 322F.6 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.6 - Assignees and successors in interest.

322F.6 Assignees and successors in interest.   The obligations under this chapter apply to the supplier’s assignee or successor in interest. A successor in interest includes, but is not limited to, a purchaser of assets or stock, a surviving corporation resulting from a merger or liquidation, a receiver, or a trustee of the supplier.  90 Acts, ch 1077, §7
IA Code § 322F.7 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.7 - Violations.

322F.7 Violations.   A violation of this chapter includes but is not limited to a supplier doing any of the following:   1. Requires a dealer to accept delivery of equipment that the dealer has not ordered.   2. Requires a dealer to order or accept delivery of equipment with special features or accessories not included in the base price list of equipment as publicly advertised by the supplier.   3. Requires a dealer to enter into any agreement, whether written or oral, which amends or supplements an existing dealership agreement with the supplier, unless the supplementary or amendatory agreement is imposed on other similarly situated dealers.   4. Requires as a condition of renewal or extension of a dealership agreement that the dealer complete substantial renovation of the dealer’s place of business, or acquire new or additional space to serve as the dealer’s place of business, unless the supplier provides at least one year’s written notice of the condition which states all grounds supporting the condition. The supplier must provide a reasonable time for the dealer to complete the renovation or acquisition.   5. Requires a dealer to refuse to purchase equipment distributed by another supplier.   6. Discriminates in the prices charged for equipment of like grade and quality sold by the supplier to similarly situated dealers. This subsection does not prevent the use of differentials which make only due allowance for costs related to the manufacture, sale, or delivery of equipment, or to methods or quantities of equipment sold or delivered.   7. a. (1) For a dealership agreement governing equipment other than outdoor power equipment, takes action terminating, canceling, or failing to renew the dealership agreement, or substantially changes the competitive circumstances intended by the dealership agreement, due to the results of conditions beyond the dealer’s control, including drought, flood, labor disputes, or economic recession.   (2) For a dealership agreement governing outdoor power equipment, takes action terminating, canceling, or failing to renew the dealership agreement due to the results of conditions beyond the dealer’s control, including drought, flood, labor disputes, or economic recession.   b. This subsection shall not apply if the dealer is in default of a security agreement in effect with the supplier.  90 Acts, ch 1077, §8; 2003 Acts, ch 55, §7; 2004 Acts, ch 1086, §63; 2011 Acts, ch 44, §1  Referred to in §322F.8
IA Code § 322F.8 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.8 - Supplier liability.

322F.8 Supplier liability.   1. a. (1) A dealer may bring a legal action against a supplier for damages sustained by the dealer as a consequence of the supplier’s violation of any provision of this chapter, including but not limited to a violation described in section 322F.7. A supplier violating this chapter shall compensate the dealer for damages sustained by the dealer as a consequence of the supplier’s violation, together with the actual costs of the action, including reasonable attorney fees.   (2) For a dealership agreement governing equipment other than outdoor power equipment, a dealer may be granted injunctive relief against unlawful termination, cancellation, or the nonrenewal of the dealership agreement, or a substantial change of competitive circumstances as provided in section 322F.2.   (3) For a dealership agreement governing outdoor power equipment, a dealer may be granted injunctive relief against unlawful termination, cancellation, or the nonrenewal of the dealership agreement as provided in section 322F.2.   b. The remedies in this section are in addition to any other remedies permitted by law.   2. a. If the payment or allowance of equipment repurchased pursuant to section 322F.3 is not made as required, or the supplier is found liable for damages pursuant to subsection 1, paragraph “a”, subparagraph (1), the amount due to the dealer shall bear interest at the rate of one and one-half percent per month calculated from the date that the dealership agreement was terminated.   b. Upon termination of a dealership agreement by nonrenewal or cancellation, by a dealer or supplier, if the supplier fails to make payment or credit the account of the dealer as provided in any provision of this chapter, the supplier is liable in a civil action brought by the dealer for the repurchase amount set forth in section 322F.3, plus interest as calculated pursuant to paragraph “a”. The supplier’s civil liability as provided in this paragraph shall be in addition to and not in lieu of any remedy provided by subsection 1, paragraph “a”, subparagraph (1).   3. The requirements of this chapter supplement any agreement between a dealer and a supplier. The dealer may elect either to pursue contractual remedies under the dealership agreement or remedies provided under this chapter. An election by the dealer to pursue a remedy provided under this chapter does not bar the dealer from pursuing any other remedy under law or equity, including contractual remedies. This chapter does not affect rights of the supplier to charge back to the dealer’s accounts amounts previously paid or credited as a discount to the dealer’s purchase of goods, including equipment.  90 Acts, ch 1077, §9; 2003 Acts, ch 55, §8, 9; 2011 Acts, ch 44, §2, 3
IA Code § 322F.9 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS|Section 322F.9 - Applicability.

322F.9 Applicability.   1. A term of a dealership agreement that is inconsistent with the terms of this chapter is void and unenforceable and does not waive any rights that are provided to a person by this chapter.   2. a. For all dealership agreements other than those provided for in this section, this chapter applies to those dealership agreements in effect that have no expiration date and all other dealership agreements entered into or renewed on or after July 1, 1990. Any such dealership agreement in effect on June 30, 1990, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 1990.   b. For all dealership agreements governing all-terrain vehicles, this chapter applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2002. Any such dealership agreement in effect on July 1, 2002, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2002.   c. For all dealership agreements governing agricultural equipment used principally for floriculture and for all dealership agreements governing construction equipment, industrial equipment, utility equipment, and outdoor power equipment, this chapter applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2003. Any dealership agreement in effect on July 1, 2003, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2003.   d. For all dealership agreements governing the sale or transfer of a dealer’s business, section 322F.5A applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2005. Any dealership agreement in effect on July 1, 2005, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2005.  90 Acts, ch 1077, §10; 2002 Acts, ch 1011, §10; 2003 Acts, ch 55, §10; 2005 Acts, ch 27, §2  Applicability of chapter 322D to farm implement and all-terrain vehicle franchise agreements; §322D.7, 322D.9
IA Code § 322G.1 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.1 - Legislative intent.

322G.1 Legislative intent.   The general assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The general assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the general assembly that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the general assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. However, this chapter does not limit the rights or remedies which are otherwise available to a consumer under any other law.  91 Acts, ch 153, §1
IA Code § 322G.5 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.5 - Affirmative defenses.

322G.5 Affirmative defenses.   Any of the following is an affirmative defense to a claim under this chapter:   1. The alleged nonconformity or nonconformities do not substantially impair the motor vehicle.   2. A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by a person other than the manufacturer or its authorized service agent.   3. The claim by the consumer was not filed in good faith.   4. Any other defense allowed by law which may be raised against the claim.  91 Acts, ch 153, §5
IA Code § 322G.7 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.7 - Informal dispute settlement procedure — certification uniformity.

322G.7 Informal dispute settlement procedure — certification uniformity.   To facilitate uniform application, interpretation, and enforcement of this section and section 322G.6, and in implementing rules adopted pursuant to section 322G.14, the attorney general may cooperate with agencies that perform similar functions in any other states that enact these or similar sections. The cooperation authorized by this section may include any of the following:   1. Establishing a central depository for copies of all applications and accompanying materials submitted by manufacturers for certification, and all reports prepared, notices issued, and determinations made by the attorney general under section 322G.6.   2. Sharing and exchanging information, documents, and records pertaining to program operations.   3. Sharing personnel to perform joint reviews, surveys, and investigations of program operations.   4. Preparing joint reports evaluating program operations.   5. Granting joint certifications and certification renewals.   6. Issuing joint denials or revocations of certification.   7. Holding a joint administrative hearing.   8. Formulating, in accordance with chapter 17A, the administrative procedure Act, rules or proposed rules on matters such as guidelines, forms, statements of policy, interpretative opinions, and any other information necessary to implement section 322G.6.  91 Acts, ch 153, §7; 2019 Acts, ch 59, §99
IA Code § 322G.9 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.9 - Compliance and disciplinary action.

322G.9 Compliance and disciplinary action.   The attorney general may enforce and ensure compliance with the provisions of this chapter and rules adopted pursuant to section 322G.14, may issue subpoenas requiring the attendance of witnesses and the production of evidence, and may petition any court having jurisdiction to compel compliance with the subpoenas. The attorney general may levy and collect an administrative fine in an amount not to exceed one thousand dollars for each violation against any manufacturer found to be in violation of this chapter or rules adopted pursuant to section 322G.14. A manufacturer may request a hearing pursuant to chapter 17A, the administrative procedure Act, if the manufacturer contests the fine levied against it. The proceeds from any fine levied and collected pursuant to this section shall be placed in the attorney general’s motor vehicle fraud and odometer law enforcement fund for implementation and enforcement of this chapter.  91 Acts, ch 153, §9
IA Code § 322G.10 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.10 - Unfair or deceptive trade practice.

322G.10 Unfair or deceptive trade practice.   A violation by a manufacturer of this chapter is an unfair or deceptive trade practice in violation of section 714.16, subsection 2, paragraph “a”.  91 Acts, ch 153, §10
IA Code § 322G.11 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.11 - Dealer liability.

322G.11 Dealer liability.   This chapter, except for the requirements of section 322G.12, does not impose any liability on a franchised motor vehicle dealer or create a cause of action by a consumer against a dealer. A dealer shall not be made a party defendant in any action involving or relating to this chapter, except as provided in this section. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including but not limited to any refunds or vehicle replacements, incurred by the manufacturer pursuant to this chapter, in the absence of a finding by a court that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer’s published instructions. A manufacturer who is found by a court to have improperly charged back a dealer because of a violation of this section is liable to the injured dealer for full reimbursement plus reasonable costs and any attorney’s fees.  91 Acts, ch 153, §11; 95 Acts, ch 45, §7
IA Code § 322G.12 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.12 - Resale of returned vehicles.

322G.12 Resale of returned vehicles.   1. A manufacturer who accepts the return of a motor vehicle pursuant to a settlement, determination, or decision under this chapter shall notify the state department of transportation, report the vehicle identification number of that motor vehicle within ten days after the acceptance, and obtain a new certificate of title for the vehicle in the manufacturer’s name pursuant to section 321.46. In obtaining a new certificate of title, the manufacturer shall title the vehicle in the county of the transferor’s residence and shall be exempt from the registration fee requirements of section 321.46 and the fee for new registration under section 321.105A. The new certificate of title, and all subsequent registration receipts and certificates of title issued for the motor vehicle, shall contain a designation indicating that the motor vehicle was returned to the manufacturer pursuant to this chapter or a similar law of another state. The state department of transportation shall determine the manner in which the designation is to be indicated on registration receipts and certificates of title and may determine that a “REBUILT” or “SALVAGE” designation supersedes the designation required by this subsection and include the “REBUILT” or “SALVAGE” designation on the registration receipt and certificate of title in lieu of the designation required by this subsection.   2. A person shall not knowingly lease, sell, either at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or a similar law of another state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer. The attorney general shall prescribe by rule the form, content, and procedure pertaining to such a disclosure statement, recognizing the need of manufacturers to implement a uniform disclosure form. The manufacturer shall make a reasonable effort to ensure that such disclosure is made to the first subsequent retail buyer or lessee. For purposes of this section,“settlement” includes an agreement entered into between the manufacturer and the consumer that occurs after the thirtieth day following the manufacturer’s receipt of the consumer’s written notification pursuant to section 322G.4.  91 Acts, ch 153, §12; 95 Acts, ch 45, §8; 2000 Acts, ch 1047, §3, 4; 2008 Acts, ch 1113, §108; 2020 Acts, ch 1062, §44  Referred to in §312.2, 321.46, 321.105A, 322G.11  Section amended
IA Code § 322G.13 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.13 - Certain agreements void.

322G.13 Certain agreements void.   Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter is void as contrary to public policy.  91 Acts, ch 153, §13
IA Code § 322G.14 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.14 - Rulemaking authority.

322G.14 Rulemaking authority.   1. The attorney general shall adopt rules as necessary to implement this chapter.   2. In prescribing rules and forms under this chapter, the attorney general may cooperate with agencies that perform similar functions in other states with a view to effectuating the policy of this chapter to achieve maximum uniformity in the form and content of certification, regulation, and procedural evaluation of manufacturer-established programs, required recordkeeping, required reporting wherever practicable, and required notices to consumers.  91 Acts, ch 153, §14  Referred to in §322G.7, 322G.9
IA Code § 322G.15 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW)|Section 322G.15 - Applicability.

322G.15 Applicability.   1. This chapter takes effect July 1, 1991, and applies to motor vehicles originally purchased or leased by consumers on or after that date.   2. This chapter applies to motor vehicles originally purchased or leased in this state and, except for section 322G.3, subsections 1 and 2, and section 322G.6, subsection 1, applies to motor vehicles originally purchased or leased in other states, if the consumer is a resident of this state at the time the consumer’s rights are asserted under this chapter.  91 Acts, ch 153, §15; 95 Acts, ch 45, §9; 96 Acts, ch 1079, §10  Referred to in §322G.2
IA Code § 323.2 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 323 - MOTOR FUEL AND SPECIAL FUEL|Section 323.2 - Discontinuing distributor franchise.

323.2 Discontinuing distributor franchise.   Notwithstanding the terms, provisions or conditions of any distributor franchise, a franchiser shall not terminate or refuse to renew a distributor franchise except as provided in this chapter. A franchiser shall not terminate or refuse to renew a distributor franchise unless the franchiser gives to the distributor thirty days’ written notice of franchiser’s intent to terminate or not renew. Notice shall be given by restricted certified mail, as defined in section 618.15. If a distributor, within thirty days after the date of delivery of the notice from the franchiser, applies to the department for a hearing under this chapter, the distributor franchise shall remain in effect pending a final order by the department. The application filed by the distributor shall state, under oath, that the distributor has not filed a petition in bankruptcy or been declared bankrupt within six months preceding the filing of the application, that the franchiser has not withdrawn entirely from the sale for resale of motor fuel and special fuel in this state, that there are no past due sums owing by the distributor to the franchiser, and that the distributor has not consented in writing to the termination or nonrenewal of the distributor franchise.  [C75, 77, 79, 81, §323.2]  95 Acts, ch 155, §2