reglab/housing_qa huggingface dataset:
HI Rev Stat § 437-31.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-31.5 New or used motor vehicle sales and lease contracts.

  §437-31.5 New or used motor vehicle sales and lease contracts. Regardless of whether or not the buyer has taken possession of the motor vehicle, a new or used motor vehicle purchase or lease agreement by a salesperson or dealer shall be void if the agreement is contingent upon the financing of the purchase and, pursuant to the financing or credit application signed at the time of purchase, the buyer is unable to qualify. [L 1999, c 216, §1]
HI Rev Stat § 437-32 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-32 Credit sale contracts; agreements concerning, unlawful.

  §437-32 Credit sale contracts; agreements concerning, unlawful. No person who is engaged in, or about to engage in, the business of selling motor vehicles at retail shall enter into any contract, agreement, or understanding, express or implied, with any manufacturer or distributor of motor vehicles that the person will sell only to a designated person, or class of persons, all or any part of the credit sale contracts arising out of the sale by the person of motor vehicles, or that the person will refuse to sell such credit sale contracts to any designated person, or class of persons. Any such contract, agreement, or understanding is declared to be against the public policy of this State and to be unlawful and void. [L 1939, c 258, §16; RL 1945, §7377; am L 1951, c 90, pt of §1; RL 1955, §160-177; HRS §437-32; gen ch 1985; am L 1987, c 283, §28] Cross References  Credit sales, generally, see chapter 476.
HI Rev Stat § 437-33 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-33 Coercion by manufacturer or distributor unlawful.

  §437-33 Coercion by manufacturer or distributor unlawful. No person, being a manufacturer or distributor of motor vehicles, or being an officer, agent, or representative of such manufacturer or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer to sell or refuse to sell all or any portion of the dealer's retail installment contracts to any person or class of persons designated by the manufacturer or distributor, by means of any statement, suggestion, promise, or threat, made directly or indirectly, that the manufacturer or distributor will in any manner injure or benefit such a dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made directly or indirectly, that the dealer is under any obligation whatsoever to make or refuse to make such sale. [L 1939, c 258, §17; RL 1945, §7378; am L 1951, c 90, pt of §1; RL 1955, §160-178; HRS §437-33; gen ch 1985]
HI Rev Stat § 437-34 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-34 Credit sale contracts, when purchase of unlawful.

  §437-34 Credit sale contracts, when purchase of unlawful. No person engaged in the business of buying credit sale contracts from motor vehicle dealers in this State, and no officer, agent, or representative of such person, shall purchase or attempt to purchase any such credit sale contract from any motor vehicle dealer in this State:   (1) When the dealer in consequence of any contract, agreement, or arrangement between such person and a manufacturer or distributor supplying motor vehicles to the dealer has been induced or coerced to sell such credit sale contract by means of any statement, suggestion, promise, or threat, made, directly or indirectly, that the manufacturer or distributor supplying motor vehicles to the dealer would in any manner injure or benefit the dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made, directly or indirectly, that the dealer is under any obligation whatsoever to make such sale;   (2) When such person has received or has contracted to receive from any manufacturer or distributor supplying motor vehicles to the dealer, or has given or contracted to give to the manufacturer or distributor, any subsidy or thing of service or value, where the effect of the giving or receiving of such subsidy or thing of service or value may be to lessen or eliminate competition in the business of purchasing credit sale contracts from motor vehicle dealers or tend to grant an unfair trade advantage or to create a monopoly in such person. [L 1939, c 258, §18; RL 1945, §7379; am L 1951, c 90, pt of §1; RL 1955, §160-179; HRS §437-34; am L 1987, c 283, §29]
HI Rev Stat § 437-35 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-35 Penalty.

  §437-35 Penalty. Any person who violates any provision of this chapter or rules of the board, or who engages in the business as, or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall be fined not more than $1,000, and each day's violation or failure to comply shall be deemed a separate offense. [L 1939, c 258, §19; RL 1945, §7380; am L 1951, c 90, pt of §1; RL 1955, §160-180; am L 1957, c 302, §1(22); HRS §437-35; am L 1974, c 99, §1; am L 1986, c 152, §3; gen ch 1992; am L 1996, c 264, §12; am L 2003, c 126, §10]
HI Rev Stat § 437-35.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-35.5 Misdemeanor.

  §437-35.5 Misdemeanor. Any person who is convicted of violating any provision of this chapter or rules of the board, or who engages in the business as or serves in the capacity of, or acts as a motor vehicle dealer, salesperson, auction, manufacturer, or distributor in the State or otherwise engages in the business of selling or negotiating for the purchase of motor vehicles in this State without being licensed as provided in this chapter, shall have committed a misdemeanor and be subject to a fine of not more than $1,000, or imprisoned not more than one year, or both. [L 1986, c 152, §1; gen ch 1992; am L 1996, c 264, §13; am L 2003, c 126, §11]
HI Rev Stat § 437-36 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-36 Injunction; damages.

  §437-36 Injunction; damages. The motor vehicle industry licensing board or any person, firm, or corporation or any trade association may maintain a suit to enjoin the performance or the continuance of any act or acts by a person acting without a license where a license is required by this chapter, and if injured thereby, for the recovery of damages. If in the suit the court finds that the defendant has violated or is violating any of the provisions of this chapter it may enjoin the defendant from further violation thereof. It shall not be necessary that actual damages to the plaintiff or petitioner be alleged or proved. Plaintiff or petitioner shall be entitled, if the plaintiff or petitioner procures a decree hereunder, to a reasonable attorney's fee to be allowed by the court. [L 1949, c 163, §2; am L 1951, c 90, pt of §1; RL 1955, §160-181; HRS §437-36; am L 1969, c 263, §1(22); gen ch 1985] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 437-37 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-37 Credit sale contract violations; penalty.

  §437-37 Credit sale contract violations; penalty. Whoever violates any of the provisions of sections 437-32 to 437-34 relating to sales or purchase of credit sale contracts shall be fined not less than $25 nor more than $1,000. [L 1939, c 258, §20; RL 1945, §7381; am L 1951, c 90, pt of §1; RL 1955, §160-182; HRS §437-37; am L 1987, c 283, §30]
HI Rev Stat § 437-37.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-37.5 Cumulative penalties.

  §437-37.5 Cumulative penalties. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State. [L 1986, c 152, §2]
HI Rev Stat § 437-38 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-38 REPEALED.

  §437-38 REPEALED. L 1973, c 129, §1(i).
HI Rev Stat § 437-39 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-39 Enforcement.

  §437-39 Enforcement. When necessary, the board may enforce this chapter, including any rule adopted thereunder or decision rendered thereunder by applying to the circuit court for any relief which may be appropriate, including injunctive relief. Further, the board may apply to the circuit court for any relief which may be appropriate including injunctive relief to enjoin any licensee or other person who violates or threatens to violate any provision of this chapter, including any rule adopted thereunder. [L 1973, c 129, §1(j); am L 1996, c 264, §14]
HI Rev Stat § 437-40 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-40 Information in applications, confidential; penalty for divulging.

  §437-40 Information in applications, confidential; penalty for divulging. The applications for license and contracts required by section 437-7 shall not be deemed a part of the public records but shall be confidential information for use of the treasurer and the motor vehicle industry licensing board. Whoever, except in a report to the treasurer or the board or when called on to testify in any court or proceeding, divulges any information contained in the applications and acquired by the official or employee in the official's or employee's capacity as an official or employee of the county treasurer's office or of the board shall be fined not less than $50 nor more than $100.  Provided that the treasurer or the board may permit the inspection of any such applications by any other person upon being satisfied that the inspection is desired for some lawful and proper purpose. [L 1939, c 258, §23; RL 1945, §7383; am L 1951, c 90, pt of §1; RL 1955, §160-184; am L 1957, c 302, §1(25); am L 1963, c 193, §47; HRS §437-40; am L 1969, c 263, §1(20), (22); gen ch 1985]
HI Rev Stat § 437-41 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-41 Liberal interpretation.

  §437-41 Liberal interpretation. All provisions in this chapter shall be liberally interpreted to protect the public from fraud in the business of purchasing or selling motor vehicles and to protect the investments of its citizens in motor vehicles and dealerships and to protect the transportation system of the State and shall further be interpreted to affect existing as well as future franchise agreements. [L 1939, c 258, §24; RL 1945, §7384; am L 1951, c 90, pt of §1; RL 1955, §160-185; am L 1957, c 302, §1(26); am L 1961, c 59, §1(16); HRS §437-41; am L 1969, c 263, §1(21)]
HI Rev Stat § 437-42 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-42 Sections 445-171 and 445-172 not to apply.

  §437-42 Sections 445-171 and 445-172 not to apply. Sections 445-171 and 445-172 do not apply to dealers and salespersons licensed under this chapter. [L 1939, c 258, §25; RL 1945, §7385; am L 1951, c 90, pt of §1; RL 1955, §160-186; am L 1957, c 302, §1(27); am L 1961, c 59, §1(16); HRS §437-42; gen ch 1993]
HI Rev Stat § 437-53 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-53 Sale, assignment, or transfer of franchise to qualified purchaser.

 §437-53 Sale, assignment, or transfer of franchise to qualified purchaser. (a) A manufacturer or distributor shall not unreasonably withhold consent to the sale, assignment, or transfer of the franchise to a qualified purchaser capable of being licensed as a dealer.  (b) The dealer shall notify the manufacturer or distributor, in writing, of its desire to sell, assign, or transfer its franchise and identify the proposed transferee's name, address, financial qualifications, and business experience. Along with such notice, the dealer shall also provide the manufacturer or distributor with completed application forms and related information generally used by the manufacturer or distributor to conduct its review of such a proposal, and a copy of all agreements regarding the proposed sale, assignment, or transfer. The manufacturer or distributor shall, within thirty days of receipt of the application and all supporting documentation as specified therein, review the application and identify in writing the additional information, data, or documents, if any, needed by the manufacturer or distributor to complete its review. If the manufacturer or distributor does not reject the application within sixty days of receipt of the completed application and all supporting documentation or within sixty days of receipt of any additional information, data, or documents timely requested by the manufacturer or distributor, the application shall be considered approved, unless the sixty-day deadline is extended by mutual agreement of the manufacturer or distributor and the dealer.  (c) If a manufacturer or distributor denies a dealer's proposed sale, assignment, or transfer of the franchise, the dealer may file a petition in the manner prescribed in section 437-51, within sixty days of the notice of denial. The manufacturer or distributor shall have the burden of proof to demonstrate at a hearing pursuant to a timely filed complaint that the proposed transferee is not of good moral character or does not meet the written, reasonable, and uniformly applied business standards or qualifications of the manufacturer relating to the financial qualifications of the transferee and business experience of the transferee or the transferee's executive management. [L 2010, c 164, pt of §2]
HI Rev Stat § 437-54 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-54 Transfer of franchise to successor who is not a qualified purchaser.

 §437-54 Transfer of franchise to successor who is not a qualified purchaser. (a) A manufacturer or distributor shall not refuse or fail to give effect, unless it has good cause, to the dealer's designated successor, whether designated by will, other estate planning document, or written notice to the manufacturer or distributor either while the dealer was living or within ninety days of the dealer's death or incapacity.  (b) In determining whether good cause exists for the manufacturer's or distributor's refusal to honor the succession, the manufacturer or distributor shall have the burden to prove that the successor is not of good moral character, is not willing to be bound by the terms of the franchise agreement, and is either not qualified to operate the dealership or fails to demonstrate that the dealership will be operated by a qualified executive manager.  (c) The designated successor shall furnish written notice to the manufacturer or distributor including all necessary application forms and related information customarily required by the manufacturer or distributor of the successor's intention to succeed to the ownership of the new motor vehicle dealership within sixty days prior to the designee's actual proposed succession to dealership ownership for the manufacturer or distributor to determine whether the proposed successor meets the normal, reasonable, and uniformly applied standards for the grant of an application as a new motor vehicle dealer.  (d) The manufacturer or distributor shall notify the proposed successor of its belief that good cause exists to refuse to honor the succession within sixty days after receipt of the notice of the proposed successor's intent to succeed the franchise, and the manufacturer or distributor shall detail its reasons why it believes good cause exists to deny the succession.  (e) A proposed successor may file a petition in the manner prescribed in section 437-51 within sixty days after receipt of the manufacturer's or distributor's notice of refusal to honor the succession. The franchise shall continue, and the manufacturer or distributor is prohibited from any action to the contrary, until a final judgment has been rendered on the proposed succession. [L 2010, c 164, pt of §2]
HI Rev Stat § 437-57 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437. Motor Vehicle Industry Licensing Act|437-57 Warranty and incentive audits.

  §437-57 Warranty and incentive audits. (a) No manufacturer or distributor shall conduct a warranty or incentive audit on previously paid claims or chargeback any warranty or incentive payment previously made more than one year after the date the manufacturer or distributor made the payment to the dealer. This section shall not apply to fraudulent claims.  (b) A manufacturer or distributor shall not chargeback a dealer for sales or warranty payments unless the manufacturer or distributor can satisfy its burden of proof that the dealer's claim was fraudulent or that the dealer did not substantially comply with the reasonable written procedures of the manufacturer or distributor.  (c) The manufacturer or distributor shall provide the dealer a written notice thirty days before imposing a proposed chargeback. The dealer may protest the imposition of a proposed chargeback prior to the imposition of a proposed chargeback. The dealer, manufacturer, or distributor shall conduct any internal dispute resolution process in accordance with the franchise agreement. After the internal dispute resolution process is concluded, the dealer may file a petition in the manner prescribed in section 437-51 protesting the proposed chargeback amount. If a petition is filed, the proposed chargeback shall be stayed during the entirety of the action and until a final judgment has been rendered. [L 2010, c 164, pt of §2]
HI Rev Stat § 437B-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-2 Applicability of chapter.

  §437B-2 Applicability of chapter. This chapter does not apply to:   (1) Employees of the county, state, or federal governments when carrying out the functions of governmental employment; or   (2) Employees of a commercial or business enterprise who engage in the repair of motor vehicles which are owned, maintained, and operated exclusively by such commercial or business enterprise and which are not leased or rented to others; provided that employees may voluntarily be licensed pursuant to this chapter. [L 1975, c 143, pt of §2; am L 1986, c 150, §2; am L 1998, c 199, §2]
HI Rev Stat § 437B-3 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-3 Motor vehicle repair industry board.

  §437B-3 Motor vehicle repair industry board. There shall be a motor vehicle repair industry board consisting of seven members. Three members of the board shall be persons connected with the motor vehicle repair industry and at least two of those members shall be motor vehicle mechanics licensed under this chapter. The remaining four members shall not be connected with the motor vehicle repair industry. [L 1975, c 143, pt of §2; am L 1982, c 204, §8; gen ch 1985; am L 1992, c 202, §31; am L 1998, c 199, §9]
HI Rev Stat § 437B-4 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-4 Powers and duties of board.

  §437B-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board, in accordance with this chapter and chapter 91 shall:  (1) Establish such qualifications for the licensing of motor vehicle repair dealers and motor vehicle mechanics as may be necessary for the welfare of the public and the motor vehicle repair industry; provided that no individual shall be licensed as a motor vehicle mechanic without first receiving certification as provided by this chapter;  (2) Inquire into the practices and policies of the motor vehicle repair industry and make rules with respect to such practices and policies as may be deemed important and necessary by the board for the welfare of the public and the motor vehicle repair industry;  (3) Develop and administer the certification program provided for in this chapter;  (4) Adopt, amend, and repeal such rules not inconsistent with this chapter, as the board deems appropriate for effectuating the purpose of this chapter and to ensure the welfare of the public;  (5) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs; and  (6) Enforce this chapter and rules adopted pursuant thereto. [L 1975, c 143, pt of §2; am L 1988, c 128, §1; am L 1989, c 77, §6; am L 1992, c 202, §32; am L 1998, c 199, §3; am L 2014, c 225, §1]
HI Rev Stat § 437B-5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-5 REPEALED.

  §437B-5 REPEALED. L 1992, c 202, §187.
HI Rev Stat § 437B-6 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-6 REPEALED.

  §437B-6 REPEALED. L 1986, c 150, §5.
HI Rev Stat § 437B-7 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-7 License required.

  §437B-7 License required. On or after January 1, 1976, it shall be unlawful for any person to engage in the repair of motor vehicles for compensation without being licensed as a motor vehicle repair dealer or motor vehicle mechanic in accordance with this chapter. Every motor vehicle repair dealer shall be a motor vehicle mechanic or shall have at least one motor vehicle mechanic in the dealer's employ. No motor vehicle mechanic shall engage in the repair of motor vehicles unless that person is also licensed as a motor vehicle repair dealer or unless that person is in the employ of a motor vehicle repair dealer. [L 1975, c 143, pt of §2; am L 1985, c 65, §1; am L 1998, c 199, §4]
HI Rev Stat § 437B-7.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|437B. Regulation of Motor Vehicle Repairs|437B-7.5 Requirements for licensing of repair dealer; inspection. (a) Before a motor vehicle repair dealer license is granted by the board, the applicant shall establish that the applicant is or employs a full-time motor vehicle mechanic licensed with the board, and has a repair facility and the equipment necessary to properly perform work in the specialty or area of certification for which licensure is requested. (b) The board may inspect an applicant's repair facility and equipment prior to licensing, and may conduct subsequent inspections of repair facilities to verify continued compliance with subsection (a). [L 1993, c 110, §1; am L 1998, c 199, §5]

  §437B-7.5 Requirements for licensing of repair dealer; inspection. (a) Before a motor vehicle repair dealer license is granted by the board, the applicant shall establish that the applicant is or employs a full-time motor vehicle mechanic licensed with the board, and has a repair facility and the equipment necessary to properly perform work in the specialty or area of certification for which licensure is requested.  (b) The board may inspect an applicant's repair facility and equipment prior to licensing, and may conduct subsequent inspections of repair facilities to verify continued compliance with subsection (a). [L 1993, c 110, §1; am L 1998, c 199, §5]