Massachusetts General Laws
Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers
Section 16 - Franchise Agreement; Void Provisions; Arbitration, Mediation, or Alternative Dispute Resolution Clause; Voluntariness

Section 16. (a) Any provision of a franchise agreement or practice thereunder in violation of this chapter shall be against public policy and shall be void and unenforceable.
(b) A clause or provision in a franchise agreement requiring the parties to submit to arbitration, mediation or any other alternative dispute resolution mechanism before filing suit shall be enforceable only if the parties have voluntarily entered into an agreement to submit to arbitration, mediation or any other alternative dispute resolution mechanism, and the matter is conducted at a reasonable location within the commonwealth; provided, however, that the provisions of this subsection shall not prohibit the enforceability of a clause or provision in a franchise agreement which requires the parties to submit to non-binding mediation; and provided, further, that said non-binding mediation is conducted at a reasonable location within the commonwealth.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 93b - Regulation of Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers

Section 1 - Definitions

Section 2 - Applicability of Chapter

Section 3 - Unfair Competition and Practices

Section 4 - Violations

Section 5 - Franchise Agreement; Renewal; Termination; Notice; Good Cause; Hearing; Burden of Proof

Section 6 - New Motor Vehicle Dealer Franchise Locations; Relocation of Existing Franchises; Notice; Good Cause; Protest by Other Franchises; Burden of Proof

Section 7 - Advertising by Manufacturer, Distributor or Dealer; New Motor Vehicle Prices; Charges Included

Section 8 - Indemnification of Dealer; Negligence of Manufacturer; Indemnification of Manufacturer, Distributor; Negligence of Dealer; Court Action

Section 9 - Delivery and Preparation Obligations; Express Warranty Agreements; Audit of Claims

Section 10 - Unreasonable Dealer or Franchise Restrictions; Voluntary Restrictions; Right of First Refusal; Dealer Financial Data

Section 11 - Franchise Relationship; Written or Oral Agreements; Applicability

Section 12 - Franchise Agreement Renewals; Void and Unenforceable Notice

Section 13 - Free Association

Section 14 - Enforcement

Section 15 - Loss by Manufacturer, Distributor or Motor Vehicle Dealer; Settlement Conference; Suit for Damages and Equitable Relief; Offer of Settlement; Attorneys' Fees and Costs; Exclusive Rights and Remedies

Section 16 - Franchise Agreement; Void Provisions; Arbitration, Mediation, or Alternative Dispute Resolution Clause; Voluntariness

Section 17 - Time Limitations; Cause of Action

Section 18 - Rights and Remedies