reglab/housing_qa huggingface dataset:
MT Code § 61-4-125 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report

  61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report. (1) The retail sale of used vehicles by a wholesaler is prohibited.   (2) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102. However, a wholesaler may be issued demonstrator plates, as provided in 61-4-129, for use on any type of motor vehicle or trailer that a wholesaler is authorized to sell. To the extent not inconsistent with this section, use of wholesaler demonstrator plates is otherwise governed by 61-4-129.   (3) (a) On or before the 15th day of the month prior to the dealer license expiration month, a wholesaler shall submit an annual report, in a form or manner prescribed by the department, to the department to advise the department of any changes that may have occurred in that calendar year affecting the information originally filed under 61-4-101. The report must contain information concerning owner identity, other ownership interests, felony conduct, general liability insurance status, surety bond filings, and any other relevant information requested by the department. A $30 filing fee must be submitted with the report.   (b) If a wholesaler seeks to change the applicant's name, ownership interest in the business, corporate officer or managing member of the business entity, or a person designated by the applicant to manage or oversee the applicant's business, the wholesaler shall also provide a new license application as originally required under 61-4-101 and the department shall examine the license application as required under 61-4-101.   (c) Additionally, the wholesaler shall certify, under penalty of law, that the wholesaler sold 12 or more motor vehicles, power sports vehicles, or trailers to a dealer, an auto auction, or another wholesaler during the calendar year for which the annual report is filed. A wholesaler who was licensed for less than a full calendar year shall certify, under penalty of law, to the sale of an average of at least one motor vehicle, power sports vehicle, or trailer a calendar month or portion of a calendar month during which the license was in effect.   (d) A wholesaler who cannot, under penalty of law, certify the number of motor vehicle sales required under subsection (3)(c) shall pay a fee of $25 in addition to the filing fee required in subsection (3)(a).   History: En. Sec. 7, Ch. 409, L. 1999; amd. Sec. 3, Ch. 201, L. 2001; amd. Sec. 8, Ch. 385, L. 2001; amd. Sec. 12, Ch. 299, L. 2003; amd. Sec. 166, Ch. 542, L. 2005; amd. Sec. 45, Ch. 329, L. 2007; amd. Sec. 10, Ch. 323, L. 2017; amd. Sec. 7, Ch. 143, L. 2019.
MT Code § 61-4-126 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds

  61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds. (1) A person who suffers loss or damage because of the unlawful conduct of a dealer, broker, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, broker, wholesaler, or auto auction. The judgment must set out a specific loss or damage amount and establish that the licensee's unlawful conduct caused the loss or damage, before payment on the bond is required.   (2) If claim is made on a bond by two or more persons who have obtained a judgment against a dealer, broker, wholesaler, or auto auction based on the unlawful conduct of the dealer, broker, wholesaler, or auto auction and the judgments in the aggregate exceed the amount of the bond, the proceeds of the bond must be divided between or among the claimants on a pro rata basis.   History: En. Sec. 8, Ch. 409, L. 1999; amd. Sec. 46, Ch. 329, L. 2007.
MT Code § 61-4-129 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-129. Assignment of demonstrator plates

  61-4-129. Assignment of demonstrator plates. (1) (a) A dealer or wholesaler may purchase demonstrator plates at a fee of $5 a plate.  (b) Demonstrator plates may not be issued to a new or used dealer whose business is restricted to the sale of power sports vehicles.   (2) (a) Except as provided in subsection (2)(c), demonstrator plates may be used on a motor vehicle displaying a Monroney label or a buyer's guide label, as required by 61-4-123(2), or on a truck, truck tractor, truck tractor pulling a laden or unladen semitrailer, or travel trailer that is:   (i) being demonstrated and offered for sale to a dealership customer for not more than 72 hours when operated by an individual holding a valid operator's license;   (ii) owned by the dealership when operated by an officer or bona fide full-time employee of the dealer or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;   (iii) being tested for repair;   (iv) being moved to or from a dealer's place of business for sale;   (v) being moved to or from service and repair facilities before sale; and   (vi) being moved to or from exhibitions within the state, provided the exhibition does not exceed a period of 20 days.   (b) Demonstrator plates may be used:   (i) on trailers being hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer;   (ii) on travel trailers held for sale to demonstrate the towing capability of the motor vehicle, for not more than 72 hours;   (iii) on any motor vehicle owned by the dealer that is used only to move a travel trailer that is in the dealer's inventory; and   (iv) on trailers being moved to or from exhibitions within the state if the exhibition does not exceed a period of 20 days.   (c) Extra demonstrator plates may be made available to dealers eligible for demonstrator plates under subsection (2)(a) to provide to one or more service repair facilities to be used when moving a motor vehicle in the dealer's inventory to and from the dealer's place of business and the service and repair facility prior to sale. A motor vehicle displaying demonstrator plates under this subsection is not required to have a Monroney label or a buyer's guide label as required by 61-4-123(2).   (d) A motor vehicle being operated in accordance with this subsection (2) need only display one demonstrator plate conspicuously on the rear of the motor vehicle.   History: En. Sec. 23, Ch. 409, L. 1999; amd. Sec. 13, Ch. 299, L. 2003; amd. Secs. 1, 2, Ch. 258, L. 2005; amd. Sec. 167, Ch. 542, L. 2005; amd. Sec. 47, Ch. 329, L. 2007; amd. Sec. 1, Ch. 129, L. 2011; amd. Sec. 1, Ch. 86, L. 2013; amd. Sec. 14, Ch. 389, L. 2021.
MT Code § 61-4-130 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-130. Courtesy license plates -- issuance -- restrictions on use

  61-4-130. Courtesy license plates -- issuance -- restrictions on use. (1) Upon application and payment of an annual fee of $150 a set, the department may issue up to two sets of courtesy plates to a dealer.   (2) Courtesy license plates may be displayed only on a motor vehicle that the dealer loans, without charge or fee, exclusively for religious, charitable, scientific, or educational purposes. A loan of a vehicle displaying courtesy license plates may not exceed 30 days in a year.   (3) A dealer shall maintain records detailing to whom a vehicle bearing courtesy plates has been loaned, the date of the loan, the date on which the vehicle bearing courtesy plates is to be returned, and the actual date of the vehicle's return. These records must include the name, address, and telephone number of the person or entity to whom the vehicle has been loaned and the name of a contact person who will oversee the actual operation and use of the vehicle. The records are subject to audit by the department.   (4) It is the dealer's responsibility to ensure that courtesy plates are not used by an eligible person or entity for more than 30 days in a year.   (5) It is the responsibility of the person or entity to whom the vehicle bearing courtesy plates was loaned to carry, while operating or in actual physical control of the vehicle, adequate proof of the status of the person or entity under this section.   (6) If a dealer allows a person or entity to operate or retain actual physical control of a vehicle bearing courtesy plates in violation of this section, the department may suspend the right to use the courtesy plates for a period not to exceed 6 months.   History: En. Sec. 2, Ch. 385, L. 2001; amd. Sec. 48, Ch. 329, L. 2007.
MT Code § 61-4-132 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-132. Right of designated family member to succeed in dealership ownership

  61-4-132. Right of designated family member to succeed in dealership ownership. (1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacitated dealer giving the manufacturer, factory branch, distributor, or importer of new motor vehicles written notice of the intention to succeed the dealer in the ownership or operation of the dealership within 120 days prior to the dealer's expected date of retirement or within 120 days after the death or incapacity of the dealer. The manufacturer, factory branch, distributor, or importer may refuse to honor the notice of succession only for good cause in the manner provided for in 61-4-133.   (2) The manufacturer, factory branch, distributor, or importer may request, and the designated family member shall provide, on request, personal and financial data that is reasonably necessary to determine whether the succession should be honored. The designated family member must meet the manufacturer's, factory branch's, distributor's, or importer's reasonable, uniformly applied written requirements to be a dealer. If the designated family member lacks experience required to meet those requirements, then the manufacturer shall allow the successor a reasonable amount of time to meet those requirements provided that during the period, the successor employs an individual who is qualified and experienced as a general manager to manage the day-to-day operations of the motor vehicle dealership.   History: En. 51-610 by Sec. 2, Ch. 381, L. 1977; R.C.M. 1947, 51-610; amd. Sec. 1941, Ch. 56, L. 2009; amd. Sec. 11, Ch. 283, L. 2019.
MT Code § 61-4-133 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-133. Refusal to honor succession to ownership -- notice required

  61-4-133. Refusal to honor succession to ownership -- notice required. (1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, the manufacturer, factory branch, distributor, or importer may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.   (2) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.   (3) If notice of refusal and discontinuance is not timely served upon the designated family member and the department or if the department rules in favor of the designated family member in a hearing held pursuant to 61-4-134, the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.   (4) In the event that a manufacturer, factory branch, distributor, or importer refuses to honor the family member's succession to the ownership and operation of the dealership without complying with this part, the designated family member may commence a proceeding before the department for declaratory judgment against the manufacturer, factory branch, distributor, or importer for an order that the designated family member's right to succession be recognized. The burden of proof, rights, and remedies in the action are the same as if the designated family member had filed a notice of objection to a notice of refusal and discontinuance filed by a manufacturer, factory branch, distributor, or importer.   History: En. 51-611 by Sec. 3, Ch. 381, L. 1977; R.C.M. 1947, 51-611; amd. Sec. 6, Ch. 221, L. 1997; amd. Sec. 12, Ch. 283, L. 2019.
MT Code § 61-4-134 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-134. Procedure to determine right to succeed

  61-4-134. Procedure to determine right to succeed. (1) Any designated family member who receives notice of the manufacturer's, factory branch's, distributor's, or importer's refusal to honor the family member's succession to the ownership and operation of the dealership may, within the 90-day period, file a written complaint with the department for a hearing and determination by the department as to whether good cause exists for refusal to honor the designated family member's succession to the operation and ownership of the dealership.   (2) The manufacturer, factory branch, distributor, or importer must establish good cause for refusal by showing that the designated family member failed to comply with the provisions of 61-4-132(2) or that the succession would be detrimental to the public interest.   (3) The franchise agreement must continue in effect until the final adjudication by the department on the written complaint and the exhaustion of all appellate remedies available to the designated family member. The manufacturer, factory branch, distributor, or importer and the designated family member shall abide by the terms of the franchise agreement and the laws of Montana during adjudication by the department and the appeals process.   (4) If the manufacturer, factory branch, distributor, or importer prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the designated family member an opportunity to receive fair and reasonable compensation for the value of the dealership.   (5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.   History: En. 51-612 by Sec. 4, Ch. 381, L. 1977; R.C.M. 1947, 51-612; amd. Sec. 7, Ch. 221, L. 1997; amd. Sec. 13, Ch. 283, L. 2019.
MT Code § 61-4-135 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-135. Written designation of succession unaffected

  61-4-135. Written designation of succession unaffected. Sections 61-4-132 through 61-4-137 do not preclude a new dealer from designating any person as the new dealer's successor by written instrument filed with the manufacturer, factory branch, distributor, or importer.   History: En. 51-613 by Sec. 5, Ch. 381, L. 1977; R.C.M. 1947, 51-613; amd. Sec. 50, Ch. 329, L. 2007.
MT Code § 61-4-136 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-136. Violation -- penalty

  61-4-136. Violation -- penalty. Any person violating the provisions of 61-4-132 through 61-4-137 shall upon conviction be fined no more than $5,000.   History: En. 51-614 by Sec. 6, Ch. 381, L. 1977; R.C.M. 1947, 51-614; amd. Sec. 51, Ch. 329, L. 2007.
MT Code § 61-4-137 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-137. Civil damages

  61-4-137. Civil damages. Any new dealer suffering pecuniary loss because of a violation of 61-4-132 through 61-4-136, upon prevailing in a civil action for a violation, is entitled to damages equal to three times the pecuniary loss, together with court costs and reasonable attorney fees.   History: En. 51-615 by Sec. 7, Ch. 381, L. 1977; R.C.M. 1947, 51-615; amd. Sec. 52, Ch. 329, L. 2007.
MT Code § 61-4-138 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-138. through 61-4-140 reserved

  61-4-138 through 61-4-140 reserved.
MT Code § 61-4-141 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-141. Repealed

  61-4-141. Repealed. Sec. 4, Ch. 93, L. 2017.   History: En. Sec. 13, Ch. 221, L. 1997; amd. Sec. 169, Ch. 542, L. 2005.
MT Code § 61-4-142 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-142. reserved

  61-4-142 reserved.
MT Code § 61-4-143 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-143. Unlawful curbstoning of vehicle for sale

  61-4-143. Unlawful curbstoning of vehicle for sale. (1) Except as provided in 61-4-123, a person may not display or park a motor vehicle offered or posted for sale on real property in which the person does not have a legal interest if the primary purpose of displaying or parking the vehicle on the property is to promote or effect the sale of the vehicle.   (2) This section does not prohibit the display or parking of a motor vehicle offered or posted for sale when:   (a) the display or parking of the motor vehicle is incidental to actual operation and immediate use of the motor vehicle by the motor vehicle owner;   (b) the motor vehicle owner obtains the written consent of the real property owner, lessee, or agent of the owner or lessee on whose property the motor vehicle is displayed and posts the written consent or a copy of the written consent in the front or rear window of the motor vehicle; or   (c) unless otherwise prohibited by local ordinance, the motor vehicle is displayed on a public street that is adjacent to real property in which the person offering the motor vehicle for sale has a legal interest.   (3) A person who violates subsection (1):   (a) is subject to a written warning for the first violation; and   (b) for a second or subsequent violation, is guilty of a misdemeanor and upon conviction may be fined an amount not less than $250 and not more than $500.   (4) Each violation of subsection (1) is considered a separate offense.   History: En. Sec. 1, Ch. 385, L. 2001; amd. Sec. 170, Ch. 542, L. 2005.
MT Code § 61-4-144 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-144. through 61-4-149 reserved

  61-4-144 through 61-4-149 reserved.
MT Code § 61-4-150 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 1. Dealers|61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice

  61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice. (1) A manufacturer of new motor vehicles, a factory branch, a distributor, a distributor branch, an importer, a field representative, an officer, an agent, or any representative of the persons or entities listed in this subsection may not unreasonably withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state who meets the state's statutory requirements for appointment as a dealer.   (2) (a) A manufacturer or distributor shall respond to a dealer in writing within 60 days of receipt of the dealer's request, delivered by certified mail to the manufacturer or distributor, for consent to the sale, transfer, or exchange of the dealer's franchise submitted by the dealer to the manufacturer or distributor pursuant to the provisions of subsection (1).   (b) The manufacturer shall acknowledge, in writing delivered by certified mail to the dealer and the buyer designated in the dealer's request for consent, receipt of the request. Failure to respond within the 60-day period established in subsection (2)(a) is approval of the request.   (c) If the manufacturer or distributor requires additional information to complete its review, the manufacturer or distributor shall notify the buyer in writing delivered by certified mail within 15 business days of receipt of the dealer's request. If the manufacturer or distributor requests additional information, the 60-day time period for approval runs from the time of the receipt of the requested supplemental information. The manufacturer or dealer may request additional information only one time.   History: En. Sec. 2, Ch. 177, L. 2001.
MT Code § 61-4-203 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 2. Licensing of New Motor VehicleManufacturers, Distributors, and Importers -- Disputes -- Standing|61-4-203. Administration

  61-4-203. Administration. The department shall supervise and regulate all persons required by this part to be licensed. In the supervision and regulation thereof the department may:   (1) make investigations it considers necessary; and   (2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana Administrative Procedure Act.   History: En. 51-603 by Sec. 3, Ch. 380, L. 1977; R.C.M. 1947, 51-603; amd. Sec. 2, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 12, Ch. 335, L. 2019.
MT Code § 61-4-209 (2021)
2021 Montana Code Annotated|Title 61. Motor Vehicles|Chapter 4. Sales and Distribution of Motor Vehicles|Part 2. Licensing of New Motor VehicleManufacturers, Distributors, and Importers -- Disputes -- Standing|61-4-209. Cease and desist orders

  61-4-209. Cease and desist orders. When the department has reasonable cause to believe, from information furnished to or from an investigation made by it, that any person is engaged in any business regulated by this part without being licensed as required, it shall immediately issue and serve upon the person, by certified mail, a cease and desist order, requiring the person to cease and desist from further engaging in that business. Upon failure of that person to comply with the order, the department shall file an action in the district court of Lewis and Clark County to restrain and enjoin the person from engaging in the business. The court in the action shall proceed as in other actions for injunctions.   History: En. 51-608 by Sec. 8, Ch. 380, L. 1977; R.C.M. 1947, 51-608; amd. Sec. 2, Ch. 431, L. 1981; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1942, Ch. 56, L. 2009.