reglab/housing_qa huggingface dataset:
9 V.S.A. § 4094
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4094. Refusal to honor succession to ownership; notice required

§ 4094. Refusal to honor succession to ownership; notice required|(a) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement, the manufacturer or distributor may, not more than 60 days following receipt of notice of the designated family member's intent to succeed to the ownership of the new motor vehicle dealer, or any personal or financial data that it has requested, serve upon the designated family member notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than 90 days from the date the notice is served.(b) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the new motor vehicle dealer no sooner than 90 days from the date the notice is served.(c) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted by this chapter.(d) In the event of a conflict between the written instrument filed by the motor vehicle dealer with the manufacturer designating a certain person as his or her successor and the provisions of this section, the written instrument filed with the manufacturer shall govern. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4095
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4095. Burden of proof

§ 4095. Burden of proof|In determining whether good cause for the refusal to honor the succession exists, the manufacturer, distributor, factory branch, or importer has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards and, considering the volume of sales and service of the new motor vehicle dealer, uniformly applied minimum business experience standards in the market area. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982.)
9 V.S.A. § 4099
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4099. Civil actions for violations

§ 4099. Civil actions for violations|Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation of this chapter relating to that franchise, or any person so injured because he or she refuses to accede to a proposal for an arrangement that if consummated, would be in violation of this chapter, may bring a civil action in a court having jurisdiction to enjoin further violations, and to recover the actual damages sustained by him or her together with the costs of the suit, including a reasonable attorney's fee. An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint or service of process, whichever is later, a party to the action files a complaint with the Board asserting the claims or defenses under this chapter. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100. Applicability

§ 4100. Applicability|The provisions of this chapter shall apply to the conduct of all persons affected by the presumptions of this chapter situated in this State. Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale of, or has business dealings with respect to, a new motor vehicle within the State shall be subject to the provisions of this chapter and the jurisdiction of the courts of this State. Any and all amendments to this chapter shall apply to existing franchise agreements and franchise agreements entered into on or after June 1, 2009. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100a. Agreements governed

§ 4100a. Agreements governed|(a) All written agreements between a manufacturer or distributor and a new motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements that are inconsistent with this chapter shall be void as against public policy and unenforceable in court or with the Board.(b) Every new selling agreement or amendment made to such agreement between a new motor vehicle dealer and a manufacturer or distributor shall include, and if omitted, shall be presumed to include, the following language: "If any provision herein contravenes the valid laws or rules of the State of Vermont, such provision shall be deemed to be modified to conform to such laws or rules; or if any provision herein, including arbitration provisions, denies, or purports to deny access to the procedures, forums, or remedies provided for by such laws or rules, such provision shall be void and unenforceable; and all other terms and provisions of this agreement shall remain in full force and effect."  (Added 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100c
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100c. Financing; Vermont Transportation Board

§ 4100c. Financing; Vermont Transportation Board|(a) On July 1, 2009, and every year thereafter, there is imposed an annual fee upon each new motor vehicle dealer of $60.00 for each dealer license held by that dealer, and there is imposed upon each manufacturer an annual fee of $600.00 for each line-make of new motor vehicle that the manufacturer sells or distributes within this State.(b) Upon the filing of a protest under this chapter, the protesting party shall pay to the Board a filing fee of $1,500.00.(c) The Transportation Board shall administer the fees imposed under this section, and the fees shall be deposited into the Transportation Fund.(d) The amount of the fee imposed by this section is intended to correlate to the amount of funding required by the Transportation Board to administer its duties under this chapter. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100d
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100d. Statute of limitations

§ 4100d. Statute of limitations|(a) Actions arising out of any provision of this chapter shall be commenced within four years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of the cause of action by the person so entitled shall be excluded in determining the time limited for commencement of the action.(b) Notwithstanding any provision in a franchise agreement, if a dispute covered by this chapter or any other law is submitted to mediation or arbitration, the time for the dealer to file a complaint, action, petition, or protest is tolled until the mediation or arbitration proceeding is completed. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100e
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100e. Right of first refusal

§ 4100e. Right of first refusal|In the event of a proposed sale or transfer of all or substantially all ownership or transfer of all or substantially all dealership assets, and if the franchise agreement has a right of first refusal in favor of the manufacturer, distributor, or franchisor, then notwithstanding the terms of the franchise agreement, the manufacturer, distributor, or franchisor shall be permitted to exercise a right of first refusal to acquire the new motor vehicle dealer's assets or ownership only if all of the following requirements are met:  (1) In order to exercise the right of first refusal, the manufacturer or distributor shall notify the new motor vehicle dealer in writing of its intent to exercise its right of first refusal within the 60-day notice limit provided in subdivision 4097(11) of this title. (2) The exercise of the right of first refusal will result in the owner of the dealership receiving the same or greater consideration as the owner has contracted to receive in connection with the proposed change of ownership or transfer. (3) The proposed change in the dealership's ownership or transfer of assets does not involve the transfer or sale to any of the following members of the family of one or more owners:  (A) a designated family member or members, including any of the following members of one or more dealer owners:  (i) the spouse; (ii) a child; (iii) a grandchild; (iv) the spouse of a child or a grandchild; (v) a sibling; (vi) a parent;  (B) a manager:  (i) employed by the dealer in the dealership during the previous two years; and (ii) who is otherwise qualified as a dealer operator;  (C) a partnership or corporation controlled by any of the family members described in subdivision (A) of this subdivision (3); (D) a trust arrangement established or to be established:  (i) for the purpose of allowing the new motor vehicle dealer to continue to qualify as such under the manufacturer's or distributor's standards; or (ii) to provide for the succession of the franchise agreement to designated family members or qualified management in the event of the death or incapacity of the dealer or its principal owner or owners.   (4) The manufacturer or distributor agrees to pay the reasonable expenses, including attorney's fees that do not exceed the usual, customary, and reasonable fees charged for similar work done for other clients, incurred by the proposed owner or proposed transferee prior to the manufacturer's or distributor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed sale or transfer of the dealership or dealership assets. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4100f
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 108 - Motor Vehicle Manufacturers, Distributors, and Dealers Franchising|§ 4100f. Severability

§ 4100f. Severability|If any provision in this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provisions and applications, and to this end, the provisions of this chapter are severable. (Added 2009, No. 57, § 1, eff. June 1, 2009.)
9 V.S.A. § 4101
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4101. Definitions

§ 4101. Definitions|As used in this chapter:  (1) "Supplier" means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. (2) "Dealer" means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the motoring public in the State under agreements entered into with a petroleum supplier. (3) "Agreement" is any written agreement between a petroleum supplier and a gasoline dealer under which the gasoline dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the supplier. (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, two or more of the foregoing having a joint or common interest, or any other legal or commercial entity. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4102
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4102. Agreements regulated

§ 4102. Agreements regulated|This chapter shall apply to agreements pertaining to the sale of gasoline and related products when:  (1) more than 35 percent of the dealer's gross sales are covered by such agreement; and (2) when such gross sales covered by such agreement are more than $25,000.00 yearly. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4103
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4103. Supplier's disclosure to dealer

§ 4103. Supplier's disclosure to dealer|A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:  (1) the gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period that the location has been supplied by the supplier, whichever is shorter; (2) the name and last known address of the previous dealer or dealers for the last three years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter, and the reason or reasons for the termination, if unilateral by the supplier, of each dealer agreement; (3) any legal document committing the location for sale, demolition, or other disposition in effect prior to the termination date of the agreement; (4) the training programs, if any, and the specific goods and services the supplier will provide without cost to the dealer; (5) full disclosure of any and all documents or obligations that the dealer will be required to execute at the inception of the relationship; and (6) full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement that are not covered by the documents submitted under subdivision (5) of this section. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4104
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4104. Supplier's right to terminate agreement

§ 4104. Supplier's right to terminate agreement|(a) A supplier who does not intend to extend or renew a lease or agreement with a dealer upon the expiration of the term of said lease or agreement, or a renewal thereof, shall give written notice of his or her intention to the dealer at least 90 days prior to the expiration date. A supplier may cancel, terminate, or refuse to renew a lease or agreement without this notice at any time upon default on the part of the dealer.(b) Grounds for termination or cancellation of an agreement or lease that are not contained in the agreement between the supplier and the dealer may be decided by negotiation between the supplier and the dealer or any attorney or other agent representing or designated by the dealer.(c) The occurrence of any of the following shall constitute a waiver by the dealer of any rights under this section:  (1) criminal misconduct or violation of law relating to the business or premises of the dealer; (2) fraud; (3) any unauthorized closing of the business for seven consecutive days; (4) bankruptcy or insolvency of the dealer; (5) nonpayment of rent, or loss by the supplier of its legal rights to grant possession of leased premises to the dealer; or (6) public condemnation or other public taking. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4105
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4105. Repurchase by supplier upon termination

§ 4105. Repurchase by supplier upon termination|In the event of any termination, cancellation, or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by said dealer from the supplier; provided, however, that in such event the supplier shall have the right to apply the proceeds against any existing indebtedness owed to him or her by the dealer and further provided that such repurchase obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer. Any deposit held by the supplier is to be returned to said dealer within a reasonable period from the date of termination, cancellation, or refusal to renew the agreement or lease, in the event of no prior claims or liens. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4106
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4106. Dealer trade associations

§ 4106. Dealer trade associations|No supplier shall coerce or threaten any dealer for the purpose of preventing him or her from joining any trade association made up of dealers. An individual dealer shall have a right to select a representative to negotiate and deal with suppliers on matters having to do with his or her supplier-dealer relationship. Suppliers shall be obliged to negotiate in good faith with the representative so selected by the dealer. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4107
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4107. Dealer's action for damages; attorney's fees

§ 4107. Dealer's action for damages; attorney's fees|(a) A dealer may bring an action for damages sustained as a result of:  (1) failure to make such disclosures as are required in section 4103 of this title; (2) wrongful termination of or refusal to renew his or her agreement as set forth in section 4104 of this title; (3) failure to make an offer in good faith to repurchase as required in section 4105 of this title; or (4) any violation of section 4106 of this title.   (b) The remedy provided for in this section is in addition to all other remedies available under contract or as provided by law or equity, including injunctive relief where appropriate. If the court finds that the violation of this chapter has been willful, the court may allow reasonable attorney's fees to the prevailing party. The parties shall be entitled to a prompt trial. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4108
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4108. Void agreement provisions

§ 4108. Void agreement provisions|Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy, except as otherwise provided in this chapter:  (1) Provisions requiring a dealer to take part in any advertising or promotional campaigns that will require the dealer to accept any posters, stamps, tickets, gifts, bonuses, premiums, or any other promotional items unless agreed to in writing by the dealer. (2) Provisions requiring a dealer to purchase any products of the supplier other than gasoline, diesel fuel, lubricants, or greases. The dealer may, however, agree to accept such products on consignment, but not exclusive as to like products. (3) Provisions requiring a dealer to assent to any release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this chapter. (Added 1975, No. 83, § 1; amended 2021, No. 20, § 40.)
9 V.S.A. § 4109
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4109. Limitation of actions

§ 4109. Limitation of actions|No action may be brought under this chapter for a cause of action that arose more than one year prior to the date such action is brought. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4110
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4110. Gasoline and diesel fuel prices

§ 4110. Gasoline and diesel fuel prices|All persons who shall offer for sale or sell any gasoline or diesel fuel at retail shall post the price of all grades of such gasoline or diesel fuel on the pump from which such fuels are dispensed. (Added 1975, No. 83, § 1.)
9 V.S.A. § 4110a
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 109 - Service Station Operators, Oil Companies, and Franchises|§ 4110a. Gasoline service to persons with a disability

§ 4110a. Gasoline service to persons with a disability|(a) Every full-service gasoline station offering self-service pumping at a lesser cost and every self-service gasoline station, when requested by a motor vehicle operator with a disability who has been issued a registration plate or parking card for persons with disabilities under the provisions of 23 V.S.A. § 304a or under the laws of any other state, shall require an attendant employed by the station to dispense gasoline at the self-service cost to the operator with a disability. Gasoline stations shall prominently display the international symbol of disability access to notify patrons of the availability of this service.(b) Self-service gas stations or convenience stores that are operated by a single employee shall be exempt from the provisions of subsection (a) of this section.(c) The Commissioner of Motor Vehicles shall provide notice of the provisions of this section to each person who is issued a registration plate or parking card for persons with disabilities and to each person who operates a gasoline station or other facility that offers gasoline or other motor vehicle fuel for sale to the public.(d) Failure to comply with the provisions of this section, related to providing gas pumping services is a violation of section 4502 of this title. (Added 1991, No. 48, § 1; amended 2013, No. 96 (Adj. Sess.), § 30.)
9 V.S.A. § 4111
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 110 - Petroleum Inventories; Reporting Requirements|§ 4111. Definitions

§ 4111. Definitions|As used in this chapter:  (1) "Commissioner" means the Commissioner of Public Service or the Commissioner's designee. (2) "Petroleum product" means propane, gasoline, unleaded gasoline, kerosene, number two heating oil, diesel fuel, kerosene base jet fuel, and number four, five, and six residual oil for utility and nonutility uses. (3) "Primary storage facility" or "facility" means any facility or terminal with a capacity of 50,000 gallons or more that receives petroleum products by ship, barge, pipeline, truck, or rail, for holding within the State. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 3, eff. April 19, 1984.)
9 V.S.A. § 4112
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 110 - Petroleum Inventories; Reporting Requirements|§ 4112. Duty of Department of Public Service

§ 4112. Duty of Department of Public Service|The Commissioner shall collect and keep on file any data required under this chapter from persons owning or leasing primary storage facilities. (Added 1979, No. 178 (Adj. Sess.), § 1, eff. June 4, 1980; amended 1983, No. 170 (Adj. Sess.), § 4, eff. April 19, 1984.)