reglab/housing_qa huggingface dataset:
SC Code § 56-14-105 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles|Section 56-14-105. Manufacturer's repurchase of new recreational vehicles and accessories.

 (A) If the dealer terminates or cancels the manufacturer/dealer agreement for good cause and the manufacturer fails to cure the claimed deficiencies, the manufacturer shall, at the election of the dealer and within forty-five days after termination, cancellation, or nonrenewal, repurchase:  (1) all new, untitled recreational vehicles to which the dealer can show clear title and that were acquired from the manufacturer or distributor within twelve months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this subsection are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this provision;  (2) all undamaged accessories and proprietary parts sold to the dealer for resale within the twelve months prior to termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and  (3) any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent of the dealer's net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if the items were purchased by the dealer within five years before termination, cancellation, or nonrenewal, upon the manufacturer's or distributor's request, and which the dealer meets the burden of establishing, and can no longer be used in the normal course of the dealer's ongoing business.  (B) If recreational vehicles of a line make that was subject to a terminated dealer agreement are not repurchased or required to be repurchased by the manufacturer, the dealer may continue to sell such recreational vehicles that were subject to the terminated dealer agreement and were in the dealer's inventory on the effective date of the termination until those recreational vehicles are no longer in the dealer's inventory.  HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.  Editor's Note  2017 Act No. 51,Sections 6, 7, provide:  "SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.  "SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
SC Code § 56-14-130 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles|Section 56-14-130. Indemnification; violations of this chapter.

 (A) Notwithstanding the terms of any manufacturer/dealer agreement, it is a violation of this chapter for:  (1) a warrantor to fail to indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or wilful misconduct of the warrantor. A new recreational vehicle dealer may not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of a new recreational vehicle. A new recreational vehicle dealer may be denied indemnification if the new recreational vehicle dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational vehicle dealer is obligated to perform warranty service. A new recreational vehicle dealer shall provide to the warrantor a copy of any pending law suit or similar proceeding in which allegations are made that are covered by this subsection within ten days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled; and  (2) a new recreational vehicle dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the new recreational vehicle dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any pending law suit or similar proceeding in which allegations are made that are covered by this subsection within ten days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled.  HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.  Editor's Note  2017 Act No. 51,Sections 6, 7, provide:  "SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.  "SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
SC Code § 56-14-140 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles|Section 56-14-140. Procedures for new recreational vehicles damaged prior to transit to dealer.

 (A) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer and the carrier or means of transportation has been selected by the manufacturer, the dealer shall notify the manufacturer of the damage within the timeframe specified in the manufacturer/dealer agreement and:  (1) request from the manufacturer authorization to replace the components, parts, and accessories damaged or otherwise correct the damage; or  (2) reject the vehicle within the timeframe set forth in subsection (D).  (B) If the manufacturer refuses or fails to authorize repair of such damage within ten days after receipt of notification, or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle shall revert to the manufacturer.  (C) The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to that recreational vehicle.  (D) The time frame for inspection and rejection by the dealer must be part of the manufacturer/dealer agreement and may not be less than two business days after the physical delivery of the recreational vehicle.  (E) Any recreational vehicle that has, at the time of delivery to the dealer, an unreasonable amount of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer. In no instance shall a dealer deem an amount less than the distance between the dealer and the manufacturer's factory or point of distribution, plus one hundred miles, as unreasonable.  HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.  Editor's Note  2017 Act No. 51,Sections 6, 7, provide:  "SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.  "SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
SC Code § 56-14-150 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles|Section 56-14-150. Coercion by manufacturers prohibited.

 (A) A manufacturer may not coerce or attempt to coerce a dealer to:  (1) purchase a product that the dealer did not order;  (2) enter into an agreement with the manufacturer; or  (3) enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.  (B) As used in this section, the term "coerce" includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer/dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer/dealer agreement or delay product delivery as an inducement to amending the manufacturer/dealer agreement.  HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.  Editor's Note  2017 Act No. 51,Sections 6, 7, provide:  "SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.  "SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
SC Code § 56-15-20 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-20. Persons subject to chapter and jurisdiction of courts; service of process.

 Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle within this State shall be subject to the provisions of this chapter and shall be subject to the jurisdiction of the courts of this State upon service of process in accordance with the provisions of Chapter 9 of Title 15.  HISTORY: 1962 Code Section 46-150.152; 1972 (57) 2419.
SC Code § 56-15-30 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-30. Unfair methods of competition and unfair or deceptive acts or practices declared unlawful.

 (a) Unfair methods of competition and unfair or deceptive acts or practices as defined in Section 56-15-40 are hereby declared to be unlawful.  (b) In construing paragraph (a) the courts may be guided by the definitions in the Federal Trade Commission Act (15 U.S.C. 45).  HISTORY: 1962 Code Section 46-150.153; 1972 (57) 2419.
SC Code § 56-15-47 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-47. Designation of successor to the dealership in the event of death or incapacity of motor vehicle dealer; requirements; burden of proof.

 A manufacturer may not prevent a motor vehicle dealer from designating a successor to the dealership in the event of death or incapacity of the motor vehicle dealer. The designation may be made by the motor vehicle dealer by will or other written instrument or, in the event of his death or incapacity, by the qualified executor or personal representative of the motor vehicle dealer by will or other written instrument. No individual may succeed to a franchise until the franchisor has been given written notice as to the identity, financial ability, and qualifications of the successor in question. The manufacturer or distributor is not required to accept a succession which does not meet the manufacturer's or distributor's written, reasonable, and uniformly applied minimal standard qualifications. The burden of proof shall be on the manufacturer or distributor to show that the succession does not meet the manufacturer's or distributor's written, reasonable, and uniformly applied minimal standard qualifications.  HISTORY: 2013 Act No. 44, Section 3, eff June 7, 2013.
SC Code § 56-15-50 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-50. Manufacturers shall specify delivery and preparation obligations of dealers; filing of copy of obligations and schedule of compensation; indemnification.

 (A) Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule or statement of the compensation to be paid or credited to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be filed with the Department of Motor Vehicles by every motor vehicle manufacturer and shall constitute any such dealer's only responsibility for product liability as between such dealer and such manufacturer. The compensation as set forth on such schedule or statement shall be reasonable and paid or credited as set out in Section 56-15-60.  (B) Every manufacturer and franchisor shall indemnify and hold harmless its franchised dealers licensed in this State against any judgment for damages or settlements agreed to by the manufacturer or franchisor including, but not limited to, court costs and reasonable attorneys' fees of the motor vehicle dealer arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or recision or revocation of acceptance of the sale of a motor vehicle to the extent that the judgment or settlement relates to the alleged defective negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories or other functions by the manufacturer or franchisor, but excluding any judgment or settlement that is the result, in whole or in part, of the dealer's negligence or wrong doing.  HISTORY: 1962 Code Section 46-150.155; 1972 (57) 2419; 1993 Act No. 181, Section 1484; 2021 Act No. 31 (S.510), Section 7, eff August 4, 2021.  Editor's Note  2021 Act No. 31, Section 14, provides as follows:  "SECTION 14. This act takes effect ninety days after approval by the Governor and applies to all current and future franchises and other agreements in existence between any franchisee located in this State and a franchisor as of the effective date of this act."  Effect of Amendment  2021 Act No. 31, Section 7, inserted the (A) designator, and added (B).
SC Code § 56-15-65 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-65. Requiring change of location or alteration of dealership.

 (A) It is unlawful for any manufacturer, distributor, factory representative, or distributor representative to require, coerce, or attempt to coerce any motor vehicle dealer to change the location of the motor vehicle dealership or to make any substantial alterations to the dealer's premises or facilities unless:  (1) the manufacturer demonstrates that such change or alteration is reasonable in light of the current market and economic conditions; and  (2) the motor vehicle dealer has been provided written assurance from the manufacturer or distributor of a sufficient supply of motor vehicles to justify such change or alteration.  (B)(1) It is unlawful for any manufacturer, distributor, factory representative, or distributor representative to require, coerce, or attempt to coerce any motor vehicle dealer to change the location of the dealership, or to make any substantial alterations to its dealership premises or facilities if:  (a) the dealer changed the location of the dealership or made substantial alterations to the same signs, franchisor image elements, or other improvements to its premises or facilities within the preceding ten years; and  (b) the change in location or alteration was made pursuing compliance with a facility initiative or program that was sponsored or supported by the manufacturer, factory branch, distributor, or distributor branch, with the approval of the manufacturer, factory branch, distributor, or distributor branch.  (2) This subsection does not apply if the required facility alteration or improvement is necessary to comply with health and safety requirements or are necessary in order to sell and service a motor vehicle offered for sale by the dealer.  HISTORY: 2009 Act No. 52, Section 1, eff upon approval (became law without the Governor's signature on June 3, 2009); 2021 Act No. 31 (S.510), Section 9, eff August 4, 2021.  Editor's Note  2021 Act No. 31, Section 14, provides as follows:  "SECTION 14. This act takes effect ninety days after approval by the Governor and applies to all current and future franchises and other agreements in existence between any franchisee located in this State and a franchisor as of the effective date of this act."  Effect of Amendment  2021 Act No. 31, Section 9, inserted the (A) designator, and added (B).
SC Code § 56-15-70 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-70. Certain unreasonable restrictions on dealers or franchisees unlawful.

 It is unlawful to directly or indirectly impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, relocation, right to renew, termination, discipline, noncompetition covenants, site-control (whether by sublease, collateral pledge of lease, or otherwise), or to exercise a right of first refusal to purchase, option to purchase, or compliance with subjective standards and assertion of legal or equitable rights.  HISTORY: 1962 Code Section 46-150.157; 1972 (57) 2419; 2021 Act No. 31 (S.510), Section 10, eff August 4, 2021.  Editor's Note  2021 Act No. 31, Section 14, provides as follows:  "SECTION 14. This act takes effect ninety days after approval by the Governor and applies to all current and future franchises and other agreements in existence between any franchisee located in this State and a franchisor as of the effective date of this act."  Effect of Amendment  2021 Act No. 31, Section 10, substituted "It is unlawful to directly or indirectly" for "It shall be unlawful directly or indirectly to", inserted "relocation," and "or to exercise a", and "or" following "option to purchase,".
SC Code § 56-15-75 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-75. Requiring dealer to refrain from acquiring another line of new motor vehicles.

 It is unlawful for any manufacturer, distributor, factory branch, distributor branch, factory representative, or distributor representative to require, coerce, or attempt to coerce any motor vehicle dealer to refrain from participation in the management of, investment in, or acquisition of any other make or line of new motor vehicles or related products if:  (1) the requirements are unreasonable considering current economic conditions and are not otherwise justified by reasonable business considerations;  (2) the motor vehicle dealer has maintained a reasonable line of credit for each make or line of a new motor vehicle; and  (3) the motor vehicle dealer remains in compliance with reasonable capital standards and reasonable facilities requirements specified by the manufacturer.  Reasonable facilities requirements shall not include any requirement that a motor vehicle dealer establish or maintain exclusive facilities, personnel, or display space, unless the manufacturer or distributor establishes by a preponderance of the evidence that such requirements are justified by current economic conditions or reasonable business considerations.  HISTORY: 2009 Act No. 52, Section 2, eff upon approval (became law without the Governor's signature on June 3, 2009).
SC Code § 56-15-80 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-80. Agreements to which chapter applies.

 The provisions of this chapter shall apply to all written or oral agreements between a manufacturer, wholesaler or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler or distributor has any direct or indirect interest.  HISTORY: 1962 Code Section 46-150.158; 1972 (57) 2419.
SC Code § 56-15-85 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-85. Electronic sale of vehicles.

 This chapter does not prohibit a dealership located in this State from contracting with an on-line electronic service to provide motor vehicles to consumers in this State.  HISTORY: 2000 Act No. 287, Section 4.
SC Code § 56-15-95 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-95. Termination or cancellation of franchise or selling agreement; determination of due cause.

 (A) A manufacturer may not terminate or cancel a franchise or selling agreement of a motor vehicle dealer without due cause.  (B) The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation regardless of the terms of the franchise or selling agreement.  (C) In determining whether due cause exists, the court shall take into consideration:  (1) the motor vehicle dealer's sales in relation to the business available to the motor vehicle dealer;  (2) the motor vehicle dealer's investments and obligations;  (3) whether the motor vehicle dealer was provided adequate inventory;  (4) injury to the public welfare;  (5) the adequacy of the motor vehicle dealer's sales and service facilities, equipment, and parts;  (6) the qualifications of the management, sales, and service personnel to provide the consumer with reasonably good service and care of new motor vehicles;  (7) the motor vehicle dealer's failure to comply with the requirements of the franchise agreement;  (8) the opportunity to cure the alleged breach; and  (9) the harm caused to the manufacturer or distributor.  HISTORY: 2013 Act No. 44, Section 5, eff June 7, 2013.
SC Code § 56-15-96 (2021)
2021 South Carolina Code of Laws|Title 56 - Motor Vehicles|Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers|Section 56-15-96. Measurement of dealership performance; burden of proof.

 (A) A performance standard, sales effectiveness standard, sales objective, or program for measuring dealership performance that may have a material effect on a motor vehicle dealer including, but not limited to, his right to payment under any incentive or reimbursement program, shall be fair, reasonable, equitable, based on accurate information, and uniformly applied to other similarly situated motor vehicle dealers.  (B) If a motor vehicle dealer protests a new performance standard, sales effectiveness standard, sales objective, or program for measuring dealership performance, the burden of proof shall be on the manufacturer to show the action is reasonable and justifiable in light of the market conditions.  HISTORY:2013 Act No. 44, Section 6, eff June 7, 2013.