60-1471. Manufacturer or distributor; coercive action; prohibited; burden of proof.
178 words·~1 min read·
/ne/chapter-60/60-1471A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section, coerce includes, but is not limited to:
(a)Threatening to initiate a termination action or not renew a manufacturer-dealer agreement without good cause;
(b)Threatening to withhold any product as an inducement to amending the manufacturer-dealer agreement; and
(c)Delaying the delivery of any product as an inducement to amending the manufacturer-dealer agreement.
(2)A manufacturer or distributor shall not coerce or attempt to coerce any dealer to:
(a)Purchase any product that the dealer did not order;
(b)Enter into any agreement with the manufacturer or distributor;
(c)Take any action that is unfair or unreasonable to the dealer;
(d)Enter into any agreement that requires the dealer to submit to binding arbitration or otherwise waive any right or responsibility provided under the Recreational Vehicle Industry Regulation Act; or
(e)Forego exercising a right authorized by a manufacturer-dealer agreement or any law governing the manufacturer, distributor, or dealer.
(3)The dealer bears the burden of proof regarding any coercive action by a manufacturer or distributor that is prohibited under this section.