reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36352 - Termination or discontinuation of franchise: Notice; grounds; protest by dealer; hearing.

1. Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent of the dealer or:
(a) It has given written notice of its intention to the dealer and the Director; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest with the Director within the time allowed by this section; or
(2) After the dealer has filed a protest and the Director has conducted a hearing on the matter, the Director issues an order authorizing the manufacturer or distributor to terminate the franchise or permit it to lapse.
2. The notice required by this section must be given to the dealer and the Director:
(a) At least 15 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal include any of the following:
(1) Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;
(2) Material misrepresentation by the dealer in applying for the franchise;
(3) Insolvency of the dealer or the filing of any petition by or against the dealer under any law governing bankruptcy or receivership;
(4) Any unfair business practice by the dealer after the manufacturer or distributor has issued a written warning to the dealer to desist from that practice;
(5) Revocation of a dealer’s license under this chapter;
(6) Conviction of the dealer for a felony; and
(7) Closure by the dealer for a period longer than 14 days, unless the closure was caused by a force beyond the control of the dealer.
(b) At least 60 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal do not include one or more of those set forth in paragraph (a).
The notice required by this section must include a statement of the particular grounds for the intended termination or refusal to continue a franchise.
3. A dealer who has received a notice pursuant to this section may file a protest with the Director:
(a) Within 10 days after receiving the notice if it states one or more of the grounds specified in paragraph (a) of subsection 2;
(b) Within 30 days after receiving the notice if it does not state one of the grounds specified in that paragraph; or
(c) In either case, within 30 days after the end of any appellate procedure provided by the manufacturer or distributor.
(Added to NRS by 1981, 698; A 1985, 1831; 1999, 2507)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.363521 - Termination or discontinuation of franchise: Compensation of dealer.

1. Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for:
(a) The dealer’s inventory of new vehicles, including new vehicles not of the current model year if delivered to the dealer during the 18-month period immediately preceding the effective date of the termination or refusal to continue the franchise. As used in this paragraph, a "new vehicle" is one which has not been damaged, materially altered or registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.
(b) The dealer’s inventory of parts and accessories which:
(1) Have been purchased by the dealer from the manufacturer or distributor; and
(2) Are listed in a current parts catalog of the manufacturer or distributor.
(c) Any special tools purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.
(d) Any equipment, furnishings or signs purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.
(e) Except as otherwise provided in subsection 4, the fair rental value for 90 days, and any additional period allowed by the Director after considering the difficulty of finding a new tenant for the dealer’s premises affected, after the effective date of the termination or refusal to continue of the portion of the dealer’s place of business that was used by the dealer to sell or service vehicles or other products of the manufacturer or distributor.
2. Compensation paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at least equal to the greater of:
(a) The amount actually paid by the dealer for the vehicles, parts, tools and equipment; or
(b) The amount currently paid by other dealers in this State for the vehicles, parts, tools and equipment.
3. If compensation is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the manufacturer or distributor paying the compensation the use and possession of the premises affected.
4. The manufacturer or distributor is not required to pay compensation pursuant to paragraph (e) of subsection 1 if the dealer has been convicted of a crime involving fraud in connection with his or her application for or operation of the franchise.
5. This section does not relieve a dealer of the obligation to mitigate damages resulting from the termination or refusal to continue the franchise.
(Added to NRS by 1987, 2200; A 1999, 2508; 2003, 20th Special Session, 300)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.363523 - Termination or discontinuation of franchise: Duties of dealer.

Upon the termination or refusal to continue a franchise, the dealer:
1. May not require reimbursement by the manufacturer or distributor for any parts or services furnished by the dealer, after the effective date of the termination or refusal to continue, to customers pursuant to any warranties of the manufacturer or distributor;
2. Shall deliver to the manufacturer or distributor any invoices and money deposited by customers for vehicles or other products of the manufacturer or distributor that were not delivered to the customers before the effective date of the termination or refusal to continue; and
3. Shall furnish the manufacturer or distributor with copies of all of his or her records concerning the servicing of any vehicle or other product of the manufacturer or distributor. The manufacturer or distributor shall reimburse the dealer for the reasonable cost of compiling and copying the records and delivering the copies.
(Added to NRS by 1987, 2201; A 2003, 20th Special Session, 301)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36354 - Modification or replacement of franchise: Notice; protest by dealer; hearing; change of area of primary responsibility of dealer; requirement for franchise agreement to be offered if manufacturer is purchased by another manufacturer or entity.

1. A manufacturer or distributor shall not modify the franchise of a dealer or replace the franchise with another franchise if the modification or replacement would have a substantially adverse effect upon the dealer’s investment or obligations to provide sales and service, unless:
(a) The manufacturer or distributor has given written notice of its intention to the Director and the dealer affected by the intended modification or replacement; and
(b) Either of the following conditions occurs:
(1) The dealer does not file a protest with the Director within 30 days after receiving the notice; or
(2) After a protest has been filed with the Director and the Director has conducted a hearing, the Director issues an order authorizing the manufacturer or distributor to modify or replace the franchise.
2. The notice required by subsection 1 must be given to the dealer and to the Director at least 60 days before the date on which the intended action is to take place.
3. If a manufacturer or distributor changes the area of primary responsibility of a dealer, the change constitutes a modification of the franchise of the dealer for the purposes of NRS 482.36311 to 482.36425, inclusive. As used in this subsection, "area of primary responsibility" means the geographic area in which a dealer, pursuant to a franchise agreement, is responsible for selling, servicing and otherwise representing the products of a manufacturer or distributor.
4. Notwithstanding the provisions of this section, if a manufacturer is purchased by another manufacturer or entity, a dealer must be offered a franchise agreement that is substantially similar to the franchise agreement offered to other dealers of the same line and make of vehicles.
(Added to NRS by 1981, 699; A 2005, 1147; 2011, 1027)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36355 - Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise.

In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the Director shall consider, without limitation:
1. The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant marketing area. All transactions and all registrations must be taken into account within the area covered by the franchise.
2. The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.
3. Whether the proposed action would be injurious or beneficial to the public welfare.
4. Whether the dealer has adequate new facilities for sales and service, equipment, vehicle parts and qualified personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether the dealer has been and is rendering adequate services to the public.
5. Whether the dealer fails to fulfill warranty obligations of the manufacturer or distributor to be performed by the dealer.
6. The extent of the dealer’s failure, if any, to comply with the terms of the franchise.
7. Whether the dealer, the successor in interest of the dealer or the manufacturer or distributor has complied with the provisions of NRS 482.36396 to 482.36414, inclusive.
(Added to NRS by 1981, 699; A 1985, 1832; 1999, 2509)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36356 - Additional criteria for determining existence of good cause for termination, discontinuation, modification or replacement of franchise or for establishing additional dealership or relocating existing dealership.

1. In addition to other criteria provided for determining whether good cause exists for terminating, refusing to continue, modifying or replacing a franchise, or for establishing an additional dealership or relocating an existing dealership, the Director shall consider the lasting nature of each affected dealer’s investment. The investment includes commitments of the owner to the dealership, the value of time and effort devoted to building the business, and any real property of the owner used by the dealership whether or not held in the name of the dealership.
2. The sole fact that a manufacturer or distributor desires further penetration of the market does not constitute good cause to take any of the actions described in subsection 1.
(Added to NRS by 1999, 2505)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36357 - Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice; protest of dealer; hearing; exemptions.

1. Except as otherwise provided in subsection 2, a manufacturer or distributor shall not enter into a franchise which would establish an additional dealership for new vehicles or relocate an existing dealership within the relevant market area of another dealer in the same line and make of vehicles unless:
(a) The manufacturer or distributor has given written notice of its intention to the Director and to each dealer in the same line and make in the relevant market area; and
(b) Either of the following conditions occurs:
(1) None of the dealers affected files a protest with the Director within 15 days after receiving the notice or within 15 days after the end of any appeal procedure provided in the franchise agreement; or
(2) After a protest has been filed with the Director and the Director has conducted a hearing, the Director finds that there is not good cause for preventing the intended establishment or relocation of a dealership and issues an order authorizing the manufacturer or distributor to establish the additional dealership or relocate the existing dealership.
2. The requirements of this section do not apply to:
(a) Relocation of a dealership if the new location is within 2 miles of the former location and is within the same city and relevant market area as the former location.
(b) The establishment of a branch office of the manufacturer or distributor for the purpose of selling vehicles at a fair, exhibition or similar event if the branch office is not intended to operate for more than 30 days.
(c) Reopening of a dealership which has been out of operation for less than 2 years.
(Added to NRS by 1981, 700)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.363571 - Manufacturer prohibited from modifying franchise of or taking adverse action against dealer for selling vehicle which is later exported outside of United States; exception.

A manufacturer shall not modify the franchise of a dealer or take any adverse action against a dealer that sells a vehicle which is later exported outside the United States, unless the dealer had actual knowledge of or reasonably should have known of the exportation of the vehicle.
(Added to NRS by 2011, 1027)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.363573 - Substantial alteration of existing facility of dealer: Restrictions on manufacturer; criteria that constitute modification of franchise agreement.

1. A manufacturer shall not require a dealer:
(a) To alter substantially an existing facility of the dealer; or
(b) To construct a new facility,
for any new vehicles that are handled by the dealer unless the alteration or new construction constitutes a reasonable facility requirement in accordance with the franchise agreement.
2. If a manufacturer requires a substantial alteration of an existing facility of the dealer or requires the dealer to construct a new facility, that requirement constitutes a modification of the franchise of the dealer for the purposes of this section and NRS 482.36311 to 482.36425, inclusive.
(Added to NRS by 2011, 1026)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.363575 - Director to adopt regulations for conduct of discovery preliminary to hearings required for termination, discontinuation, modification or replacement of franchises or for establishment or relocation of dealership in marketing area of another dealer in same line and make of vehicles.

The Director shall adopt regulations for the conduct of discovery preliminary to each hearing required pursuant to NRS 482.36352, 482.36354 or 482.36357. The practice so established must conform insofar as practicable to the practice established for use in the district courts pursuant to N.R.C.P. 26 to 37, inclusive.
(Added to NRS by 1999, 2505)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36358 - Considerations for determining good cause for establishing or relocating dealership in marketing area of dealer in same line and make of vehicles.

In determining whether good cause has been established for preventing a manufacturer or distributor from establishing an additional dealership or relocating an existing dealership within the relevant market area of another dealer in the same line and make of vehicles, the Director shall consider, without limitation:
1. The effect of the intended action on the business of selling new vehicles at retail in the relevant market area.
2. Whether the establishment of an additional dealership or the relocation of an existing dealership for vehicles of the particular line and make would be injurious to the welfare of the public.
3. Whether the dealers franchised to sell new vehicles of the particular line and make in the relevant market area are providing adequate competition, convenient customer service and adequate personnel and facilities for sales of the vehicles to persons in the area, as well as adequate equipment, spare parts and qualified mechanics and other service personnel for repair and maintenance of the vehicles.
4. Whether the establishment of an additional dealership or the relocation of an existing dealership would increase constructive competition and therefore be in the public interest.
5. Any other fact which the Director regards as relevant to the decision required of the Director.
(Added to NRS by 1981, 701; A 1999, 2509; 2003, 20th Special Session, 301)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36361 - Written protests: Notice; manufacturer or distributor not to take further action pending determination; hearing; consolidation of hearings.

1. If the Director receives a written protest from a dealer pursuant to NRS 482.36352, 482.36354 or 482.36357, the Director shall give notice as follows:
(a) To the manufacturer or distributor, that the protest has been filed and that the manufacturer or distributor may not take the intended action which has given rise to the protest until the Director has made his or her findings and issued an order permitting the manufacturer or distributor to do so; and
(b) To any other dealer who has requested such a notice or who may be adversely affected by the intended action, that the protest has been filed.
2. A manufacturer or distributor who receives a notice pursuant to this section shall not proceed with the action which has given rise to the protest until the Director notifies the manufacturer or distributor that the Director has made a decision authorizing the manufacturer or distributor to proceed with that action.
3. Upon completion of discovery by the parties, the Director shall schedule a hearing upon the protest, to be held within 60 days thereafter.
4. If two or more protests are filed concerning a particular intended action, the Director may consolidate the hearings on the protests.
(Added to NRS by 1981, 701; A 1999, 2510)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36363 - Hearings: Burden of proof; consideration of economic effect.

1. In any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership.
2. In any hearing on a protest filed pursuant to NRS 482.36357, the Director shall consider the economic effect of the proposed action upon the protesting dealer.
(Added to NRS by 1981, 701; A 1999, 2510)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36366 - Hearings: Fees for witness; assessment of costs; attorney’s fees.

1. Each witness, other than an officer or employee of the State or of a political subdivision of the State or an expert witness, who appears by order of the Director in a hearing pursuant to NRS 482.36311 to 482.36425, inclusive, is entitled to receive for attending the hearing the same fees allowed by law to witnesses in civil cases. Except as otherwise provided in subsection 2, the amount must be paid by the party at whose request the witness is ordered to appear.
2. The Director may assess other costs against the parties as the Director deems appropriate. After any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, if the Director determines that the manufacturer or distributor has failed to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership, the Director shall award to the dealer attorney’s fees and costs.
3. For the purposes of this section, "costs" includes:
(a) Except as otherwise provided in paragraph (b), any applicable cost set forth in NRS 18.005; and
(b) The actual amount of any fees paid by a dealer to an expert witness in connection with the hearing.
(Added to NRS by 1981, 702; A 2003, 20th Special Session, 302)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36368 - Decision of Director: Judicial review; notice.

1. The decision of the Director concerning a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, is a final decision in a contested case for the purpose of judicial review.
2. The decision is not subject to rehearing or reconsideration by the Director after it is received by the parties.
3. When the written decision of the Director is delivered to the parties, copies of the decision, including the findings of fact as well as the determination of the issues, must be delivered to all persons who have requested notice of such decisions.
(Added to NRS by 1981, 702)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36371 - Unfair practices: Change in capital structure, executive management, ownership or control; compensation for value of dealership; consent not to be unreasonably withheld; time period for complying with request for consent; effect of failure to grant or deny request.

1. It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:
(a) Prevent or require or attempt to prevent or require by contract or otherwise any change in the capital structure of a dealer or the means by which the dealer finances his or her operation if at all times the dealer meets any reasonable standards for capital previously agreed to by the dealer and the manufacturer or distributor. A dealer may not change the capital structure if it causes a change in the ownership or control of the franchised dealership, or has the effect of a sale of the franchised dealership, without the consent of the manufacturer or distributor. The consent must not be unreasonably withheld.
(b) Prevent or require or attempt to prevent or require a dealer to change his or her executive management.
(c) Prevent or require or attempt to prevent or require by contract or otherwise the sale or transfer of any part of the interest of the principal owner or any officer, partner or stockholder of any dealership to any other person. Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, a principal owner, officer, partner or stockholder may not cause a change in the control of the dealership or sell, transfer or assign the franchise or any right thereunder without the consent of the manufacturer or distributor. The consent must not be unreasonably withheld.
(d) Prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised dealership as a going concern.
2. If the consent of a manufacturer or distributor to a change of ownership or control is requested pursuant to paragraph (a) or (c) of subsection 1, the manufacturer or distributor shall grant or deny the request, in writing, within 60 days after receipt of the request. If the request is denied, the material reasons for the denial must be stated. Failure to grant or deny the request, in writing, within 60 days has the effect of granting the request.
(Added to NRS by 1977, 555; A 1985, 1833; 1999, 2510)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36386 - Unfair practices: Selling or offering to sell new vehicle, parts or accessories at lower actual price than offered or charged another dealer; exceptions.

It is an unfair act or practice for a manufacturer or distributor to:
1. Sell or offer to sell a new vehicle to a dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped or to use a promotion or other device that results in a lower actual price. This subsection does not apply to a sale to a governmental unit or to a dealer for resale to a governmental unit, or to a sale to a dealer of a vehicle ultimately sold, donated or used by the dealer or in a program of drivers’ education.
2. Offer, sell or lease a new vehicle to any person, except a distributor, at a lower actual price than the price offered or charged a dealer for the same model similarly equipped, or use any device that results in a lower actual price.
3. Offer or sell parts or accessories to a dealer for the dealer’s own use in repairing or replacing the same or a comparable part or accessory at a lower actual price than the actual price charged to another dealer for a similar use, but a lower price may be charged to a dealer who buys as a distributor for resale to retail outlets than is charged to a dealer who does not buy for that purpose.
(Added to NRS by 1999, 2506; A 2003, 20th Special Session, 304)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36387 - Unfair practices: Ownership or operation of facility for repair or maintenance of vehicles by manufacturer or distributor or certain persons or entities under common control therewith; exception.

A manufacturer or distributor, or an agent, officer, parent, subsidiary or enterprise under common control with a manufacturer or distributor shall not own or operate a facility for the repair or maintenance of vehicles except:
1. Vehicles owned or operated by the manufacturer, distributor or a related person; or
2. Service required to comply with a statute or regulation or the order of a court.
(Added to NRS by 1999, 2505; A 2003, 20th Special Session, 304)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36388 - Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories; refusal or failure to deliver new vehicles, parts or accessories; exception.

A manufacturer, importer or distributor shall not:
1. Adopt or put into effect a method for the allocation, scheduling or delivery of new vehicles, parts or accessories to its dealers that is not fair, reasonable and equitable or change an existing method so as to be unfair, unreasonable or inequitable. Upon the request of a dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer the method by which new vehicles, parts and accessories are allocated, scheduled or delivered to its dealers handling the same line or make of vehicles.
2. Refuse or fail to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of vehicle sold or distributed by the manufacturer, importer or distributor any new vehicle sold under the same name, trademark, service mark or brand, or parts or accessories for the new vehicle, if the vehicle, parts or accessories are being delivered to others or advertised as available for delivery, or require a dealer to purchase unreasonable advertising displays or other materials, or require a dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of vehicles. Compliance with this subsection is excused if prevented by an act of God, strike or labor dispute, embargo or other cause beyond the control of the manufacturer, importer or distributor.
(Added to NRS by 1999, 2506; A 2003, 20th Special Session, 305)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36389 - Unfair practices: Requiring dealer to disclose information concerning customer to manufacturer or third party; prohibiting or preventing dealer from disclosing information concerning service, repair or recall notice, or notifying customer of warranty information.

A manufacturer shall not:
1. Require a dealer to disclose information concerning a customer to the manufacturer or a third party if the customer objects or the disclosure is otherwise unlawful; or
2. Prohibit or prevent a dealer from disclosing a service, repair guidance or recall notice that is documented by the manufacturer or notifying customers of available warranty coverage and expiration dates of existing warranty coverage.
(Added to NRS by 1999, 2507; A 2011, 1029)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36391 - Unfair practices: Inducing dealer by coercion to order or accept vehicle, parts, accessories or other commodities.

No manufacturer, distributor, factory branch or representative thereof may induce by means of coercion, intimidation or discrimination any dealer to:
1. Order or accept delivery of any vehicle, parts or accessories therefor, or any other commodity which was not voluntarily ordered by the dealer.
2. Order or accept delivery of any vehicle with special features, appliances, accessories or equipment not included in the list price of the vehicle as publicly advertised by the manufacturer thereof.
3. Order from any person any parts, accessories, equipment, machinery, tools, appliances or other commodity.
(Added to NRS by 1969, 674; A 1977, 558; 2003, 20th Special Session, 305)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36395 - Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices; refusal to deliver order; requiring payment of costs for promotion or advertising; requiring compliance with standards exceeding commonly accepted business practices; taking certain actions against dealer based solely on survey of dealer’s customers.

No manufacturer, distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell or lease vehicles through any false, deceptive or misleading sales or financing practice.
2. Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the manufacturer or distributor.
3. Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotional activity or scheme, or method of implementing the sale or lease of vehicles.
4. Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any vehicle which is being sold or leased pursuant to a franchise, unless the dealer has agreed thereto in writing.
5. Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the vehicle industry relating to sales, leases or service of vehicles.
6. Based solely upon the results of a survey of a dealer’s customers conducted by or on behalf of a manufacturer which is intended or otherwise purports to measure the performance of a dealer:
(a) Discriminate, directly or indirectly, against a dealer;
(b) Take any action to terminate a dealer’s franchise; or
(c) Refuse to consent to the designation of a successor, refuse to honor a right of succession set forth in a franchise or refuse to approve the transfer of a controlling interest in a dealership.
This subsection does not prohibit a manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales, leases or service of vehicles.
(Added to NRS by 1969, 674; A 1977, 558; 1995, 2822; 1999, 2513, 3284; 2001, 237; 2003, 20th Special Session, 305)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36396 - Death of dealer: Termination of franchise prohibited if dealer designates successor in interest; primary and alternate successors in interest.

1. On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceeds 1 year any provision which calls for the termination of the franchise by the manufacturer or distributor upon the death of the dealer if the dealer, in a form prescribed by and delivered to the manufacturer or distributor, designates as successor in interest his or her spouse or an adult child, who meets the current requirements for a franchise.
2. A dealer may designate a primary and one alternate successor in interest. An alternate successor in interest has no rights under NRS 482.36396 to 482.36412, inclusive, in the event of any exercise of rights by the primary successor in interest.
(Added to NRS by 1985, 1829)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36397 - Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor; deposit by dealer; arrangements for discharge of terms of franchise agreement for period after death.

1. Within 21 days after the death of a dealer, a designated successor in interest must notify the manufacturer or distributor in writing of his or her decision to assume and operate the franchise, and commence operation under the franchise within 10 days after it has been assumed. The notification must contain all information reasonably requested by the manufacturer or distributor regarding the successor’s business experience and financial condition. If an alternate successor in interest desires to assume the franchise upon the decision of the primary successor in interest not to do so, the alternate successor must comply with all requirements of this subsection, giving notice within 21 days after the primary successor’s decision.
2. A manufacturer or distributor may require a dealer who designates a successor in interest to deposit with the manufacturer or distributor at the time of the designation a sum reasonably determined to compensate the manufacturer or distributor under the terms of the franchise agreement if a designated successor in interest fails to assume the franchise within 21 days after the death of the dealer. If the franchise is assumed within 21 days or the franchise is temporarily operated by the manufacturer or distributor within that period, any unearned portion of the deposit must be refunded to the estate or legal representative of the deceased dealer.
3. In addition, the manufacturer or distributor may require a dealer who designates a successor in interest to arrange for the discharge of certain terms of the franchise agreement for a period of not more than 21 days after the dealer’s death, but the manufacturer or distributor may not require the business under the franchise to remain open to the public during that period.
(Added to NRS by 1985, 1830)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36398 - Death of dealer: Operation of business and accounting to heirs or estate by manufacturer or distributor pending assumption by designated successor; accounting to heirs or estate by successor.

1. After the death of a dealer and before the operation of the business under the franchise by a designated successor in interest, the manufacturer or distributor may operate the business by contract or otherwise for his or her own account without obligation or duty to the heirs or estate of the deceased dealer or to the successor in interest except for the obligation to account to the heirs or estate of the deceased dealer for unused portions of prepaid rent or other sums prepaid by the dealer and for any physical inventory used or sold by the manufacturer or distributor.
2. If the successor in interest assumes the franchise and there has been no intervening operation by the manufacturer or distributor, the successor in interest shall account to the heirs or estate of the deceased dealer for the value or other disposition of personal property of the deceased dealer located at the business or related to the business or franchise.
(Added to NRS by 1985, 1830)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36399 - Assumption of provisions of franchise agreement by successor required.

Unless the manufacturer or distributor otherwise agrees in writing, a successor in interest may not operate under the franchise agreement until all provisions of the agreement have been expressly assumed by the successor, including, but not limited to:
1. Leases;
2. Agreements relating to products;
3. Agreements relating to loaned equipment;
4. Agreements to comply with federal and state environmental law;
5. Licenses; and
6. Permits relating to taxes.
(Added to NRS by 1985, 1830)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36412 - Franchise assumable by successor same as existed at death of dealer.

The franchise assumable by a successor in interest is the same as it existed in the name of the deceased dealer at the time of the dealer’s death.
(Added to NRS by 1985, 1831)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36413 - Termination of franchise upon divorce prohibited; award of franchise to either party in divorce action.

On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceeds 1 year any provision which calls for the termination of the franchise by the manufacturer or distributor upon the divorce of the dealer. The franchise may be awarded by the court to either party in a divorce action as part of the property settlement, and the party to whom it is awarded may continue to operate the business under the terms of the franchise agreement.
(Added to NRS by 1985, 1831)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36414 - License as dealer required for assumption of operation of franchise.

A person who assumes operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive.
(Added to NRS by 1985, 1831; A 1987, 1084; 2003, 1906; 2009, 2757)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36419 - Exercise of right of first refusal by manufacturer or distributor if transfer of all or substantially all assets of dealership is proposed: Requirements; prohibited acts.

1. Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, if a transfer of the entire, or substantially the entire, ownership or of all, or substantially all, the assets of a dealership is proposed, a manufacturer or distributor may exercise a contractual right of first refusal only if all the following requirements are met:
(a) The transfer is not to the dealer’s spouse, a member of the dealer’s family, a qualified manager, or a trust or artificial person controlled by any of them.
(b) The manufacturer or distributor notifies the dealer in writing, within 60 days after receipt of the completed form and information customarily used to review such transfers and a copy of all relevant agreements, of its intent to exercise the right of first refusal or its rejection of the proposed transfer. If the manufacturer or distributor fails to notify the dealer within the 60-day period, the effect is to approve the proposed transfer.
(c) The exercise of the right of first refusal provides to the dealer the same compensation as or greater compensation than the dealer had negotiated to receive from the proposed transferee.
(d) The manufacturer or distributor agrees to pay the reasonable expenses, including attorney’s fees that do not exceed the usual and reasonable fees charged to other clients for similar work, incurred by the proposed transferee before the exercise of the right of first refusal in negotiating and putting into effect the proposed transfer.
2. A manufacturer or distributor shall not utilize a right of first refusal to influence terms offered by a third person, or to influence a third person to refrain from negotiating, for the acquisition of a dealership.
(Added to NRS by 1999, 2506)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36423 - Action for injunctive relief or civil damages; service of process; time to answer or plead.

1. Whenever it appears that a person has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.
2. In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his or her business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by the dealer or person, and the cost of suit, including a reasonable attorney’s fee. The amount of pecuniary loss sustained by a dealer, pursuant to subsection 7 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.
3. Any artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the State, who grants a franchise to any dealer in this State may be served with any legal process in any action for injunctive relief or civil damages in the following manner:
(a) By delivering a copy of the process to the Director; and
(b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons and a copy of the complaint, together with copies of any petition or order for injunctive relief.
4. The defendant has 30 days, exclusive of the day of service, within which to answer or plead.
5. The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.
(Added to NRS by 1977, 557; A 1985, 1834; 1989, 209; 1999, 2514; 2003, 20th Special Session, 306; 2005, 1149; 2014, 28th Special Session, 5; 2017, 1542)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.36425 - Civil penalty; civil suit by Attorney General.

1. Any manufacturer or distributor who willfully violates any provision of NRS 482.36311 to 482.36425, inclusive, is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for each act of violation. All civil penalties recovered must be paid to the State of Nevada.
2. Whenever it appears that a manufacturer or distributor has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, the Attorney General may institute a civil suit in any district court of this State for injunctive relief to restrain the violation or threat of violation or, if the violation or threat is willful, for the assessment and recovery of the civil penalty, or both.
(Added to NRS by 1977, 558; A 1981, 703; 2003, 20th Special Session, 307; 2014, 28th Special Session, 6; 2017, 1543)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.3643 - "Sell," "sold," "buy" and "purchase" defined.

As used in NRS 482.3643 to 482.3665, inclusive, unless the context otherwise requires, "sell," "sold," "buy" and "purchase" include exchange, barter, gift and offer or contract to buy or sell.
(Added to NRS by 1969, 583; A 1985, 519)
2023 Nevada Revised Statutes › Chapter 482 - Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases › NRS 482.3645 - Agreement to finance through designated source which lessens competition or creates monopoly unlawful; agreement declared void.

1. It is unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this State, on the condition or with an agreement or understanding, either express or implied, that such person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the security agreements or leases arising from the sale of motor vehicles or any one or number thereof only to a designated person or class of persons, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles or to purchase such security agreements or leases.
2. Any such condition, agreement or understanding is hereby declared to be void and against the public policy of this State.
(Added to NRS by 1969, 583)