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Session Laws, 1996
Volume 794, Page 3309   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 583

(2)     Directs and supervises its representatives in this State; or

(3)     Supervises or contacts its dealers or prospective dealers in this State.

[(d)](E) "License" means a manufacturer's, distributor's, or factory branch's
license issued by the Administration under this subtitle.

[(e)](F) "Manufacturer" means:

(1)     A manufacturer of new motor vehicles constructed or assembled in the
United States;

(2)     A second-stage manufacturer of new two-stage vehicles completed in
the United States; and

(3)     In the case of trucks, a person engaged in the business of manufacturing
truck component parts.

[(f)](G) "Second-stage manufacturer" has the meaning stated in § 13-113.2 of
this article.

15-207.

(a)     In this section:

(1)     "Coerce" means to compel or attempt to compel by threat of harm,
breach of contract, or other adverse consequences; and

(2)     "Coerce" does not mean to argue, urge, recommend, or persuade.

(b)     A manufacturer, distributor, or factory branch, whether directly or through an
agent, employee, or representative, may not coerce any dealer to make any agreement
with the manufacturer, distributor, or factory branch.

(c)     A manufacturer, distributor, or factory branch, whether directly or through an
agent, employee, or representative, may not coerce any dealer to order or accept delivery
of any vehicle, any equipment, parts, or accessories for a vehicle, or any other commodity
that is not required by law or by the dealer's franchise or that was not ordered voluntarily
by the dealer.

(D) A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH, WHETHER
DIRECTLY OR THROUGH AN AGENT, EMPLOYEE, OR REPRESENTATIVE, MAY NOT
REQUIRE OR COERCE A DEALER, BY FRANCHISE AGREEMENT OR OTHERWISE, OR
AS A CONDITION TO THE GRANT RENEWAL OR CONTINUATION OF A FRANCHISE
AGREEMENT, TO: UNDERUTILIZE FACILITIES OWNED BY THE DEALER IF THE
UNDERUTILIZATION WOULD HAVE A MATERIAL ADVERSE IMPACT ON THE
BUSINESS
OF THE DEALER

(1) ELIMINATE FROM THE USE OF THE DEALER'S FACILITIES A
DEALERSHIP FOR WHICH THE DEALER HAS A FRANCHISE AGREEMENT TO UTILIZE
THE FACILITIES AS OF MARCH 1, 1996; OR

- 3309 -

 

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Session Laws, 1996
Volume 794, Page 3309   View pdf image
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