§437-34 Credit sale contracts, when purchase of unlawful. No person engaged in the business of buying credit sale contracts from motor vehicle dealers in this State, and no officer, agent, or representative of such person, shall purchase or attempt to purchase any such credit sale contract from any motor vehicle dealer in this State:
(1) When the dealer in consequence of any contract, agreement, or arrangement between such person and a manufacturer or distributor supplying motor vehicles to the dealer has been induced or coerced to sell such credit sale contract by means of any statement, suggestion, promise, or threat, made, directly or indirectly, that the manufacturer or distributor supplying motor vehicles to the dealer would in any manner injure or benefit the dealer, or by means of any act of the manufacturer or distributor that has benefited or injured the dealer, or by means of any statement or representation, made, directly or indirectly, that the dealer is under any obligation whatsoever to make such sale;
(2) When such person has received or has contracted to receive from any manufacturer or distributor supplying motor vehicles to the dealer, or has given or contracted to give to the manufacturer or distributor, any subsidy or thing of service or value, where the effect of the giving or receiving of such subsidy or thing of service or value may be to lessen or eliminate competition in the business of purchasing credit sale contracts from motor vehicle dealers or tend to grant an unfair trade advantage or to create a monopoly in such person. [L 1939, c 258, §18; RL 1945, §7379; am L 1951, c 90, pt of §1; RL 1955, §160-179; HRS §437-34; am L 1987, c 283, §29]
Structure Hawaii Revised Statutes
Title 25. Professions and Occupations
437. Motor Vehicle Industry Licensing Act
437-1 Legislative findings and declaration.
437-2.5 REPEALED. L 1996, c 264, §15.
437-3 Prohibited acts for dealer or auction.
437-6 Powers and duties of the board.
437-7 Application for issuance or renewal of license.
437-11 Additional requirements for dealer's and auction's license.
437-12 Legal ownership certificates.
437-14 Delivery of contract required.
437-15 Principals held responsible.
437-24 Licenses terminate, when.
437-26 License not transferable; other requirements.
437-27 Change of status, notice.
437-27.5 Requirements to maintain license.
437-28 Suspension; revocation; fine; denial of issuance or renewal of a license.
437-29 Discretionary powers of board.
437-31.5 New or used motor vehicle sales and lease contracts.
437-32 Credit sale contracts; agreements concerning, unlawful.
437-33 Coercion by manufacturer or distributor unlawful.
437-34 Credit sale contracts, when purchase of unlawful.
437-37 Credit sale contract violations; penalty.
437-37.5 Cumulative penalties.
437-40 Information in applications, confidential; penalty for divulging.
437-41 Liberal interpretation.
437-42 Sections 445-171 and 445-172 not to apply.
437-53 Sale, assignment, or transfer of franchise to qualified purchaser.
437-54 Transfer of franchise to successor who is not a qualified purchaser.
437-55 Establishment or relocation of franchise within relevant market area.
437-56 Reimbursement for parts.
437-57 Warranty and incentive audits.
437-58 Cancellation or failure to renew franchise agreement.