RCW 46.96.196
323 words·~1 min read·
/wa/title-46/chapter-46-96/46-96-196·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding the terms of a franchise agreement, a brand owner shall not directly or indirectly:
(a)Require a new motor vehicle dealer to offer a secondary product;
(b)Require a new motor vehicle dealer to provide a customer with a disclosure not otherwise required by law; or
(c)Prohibit a new motor vehicle dealer from offering a secondary product including, but not limited to:
(i)Service contracts;
(ii)Maintenance agreements;
(iii)Extended warranties;
(iv)Protection product guarantees;
(v)Guaranteed asset protection waivers;
(vi)Insurance;
(vii)Replacement parts;
(viii)Vehicle accessories;
(ix)Oil; or
(x)Supplies.
(2)It is not a violation of this section for a brand owner to offer an incentive program to new motor vehicle dealers to encourage them to sell or offer to sell a secondary product approved, endorsed, sponsored, or offered by the brand owner, provided the program does not provide vehicle sales or service incentives.
(3)It is not a violation of this section for a brand owner to prohibit a new motor vehicle dealer from using secondary products for any repair work paid for by the brand owner under the terms of a warranty, recall, service contract, extended warranty, maintenance plan, or certified preowned vehicle program established or offered by the brand owner.
(4)For the purposes of this section:
(a)"Brand owner" means a manufacturer, distributor, factory branch, factory representative, agent, officer, parent company, wholly or partially owned subsidiary, affiliate entity, or other person under common control with a factory, importer, or distributor.
(b)"Common control" has the same meaning as in RCW 48.31B.005 .
(c)"Customer" means the retail purchaser of a vehicle or secondary product from a new motor vehicle dealer.
(d)"Original equipment manufacturer parts" means parts manufactured by or for a vehicle's original manufacturer or its designee.
(e)"Secondary product" means all products that are not new motor vehicles or original equipment manufacturer parts.
[ 2020 c 174 s 1 .]