Michigan Compiled Laws
Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949)
Section 445.1923 - Definitions.

Sec. 3.
As used in this act:
(a) "Area of sales responsibility" means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the public.
(b) "Dealer" means a person that is a dealer, as that term is defined in section 11 of the Michigan vehicle code, 1949 PA 300, MCL 257.11, and is licensed as a dealer of recreational vehicles under that act.
(c) "Dealer agreement" means a written agreement or contract entered into between a manufacturer and a dealer that establishes the legal rights and obligations of the parties to that agreement or contract and pursuant to which the dealer is authorized to sell new recreational vehicles manufactured or distributed by the manufacturer.
(d) "Department" means the department of state.
(e) "Factory campaign" means an effort by a warrantor to contact recreational vehicle owners or dealers in order to address an issue concerning a problem or defective part or equipment.
(f) "Family member" means any of the following:
(i) A spouse of an individual.
(ii) A child, grandchild, parent, sibling, niece, or nephew of an individual.
(iii) The spouse of a child, grandchild, parent, sibling, niece, or nephew of an individual.
(g) "Line-make" means a specific series of recreational vehicle products that meet all of the following:
(i) Are identified by a common series trade name or trademark.
(ii) Are targeted to a particular market segment based on their decor, features, equipment, size, weight, and price range.
(iii) Have dimensions and interior floor plans that distinguish the recreational vehicles from recreational vehicles that have substantially the same decor, features, equipment, weight, and price.
(iv) Belong to a single, distinct classification of recreational vehicle product type that has a substantial degree of commonality in the construction of the chassis, frame, and body.
(v) Are authorized for sale by the dealer in the dealer agreement.
(h) "Manufacturer" means a person that manufactures or wholesales recreational vehicles or that distributes or wholesales recreational vehicles to dealers.
(i) "Park model trailer" means that term as defined in section 38a of the Michigan vehicle code, 1949 PA 300, MCL 257.38a.
(j) "Person" means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity.
(k) "Proprietary part" means a recreational vehicle part manufactured by or for and sold exclusively by a manufacturer.
(l) "Public vehicle show" means a recreational vehicle show that meets the requirements of section 248(10) of the Michigan vehicle code, 1949 PA 300, MCL 257.248.
(m) "Recreational vehicle" means that term as defined in section 49a of the Michigan vehicle code, 1949 PA 300, MCL 257.49a, except a park model trailer.
(n) "Transient customer" means a person who owns a recreational vehicle, is temporarily traveling through a dealer's area of sales responsibility, and engages the dealer to perform service work on that recreational vehicle.
(o) "Warrantor" means a manufacturer or any other person that provides a warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. The term does not include a person that provides a service contract, mechanical or other insurance, or an extended warranty sold for separate consideration by a dealer or other person not controlled by a manufacturer.
History: 2009, Act 33, Eff. Dec. 1, 2009

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 33 of 2009 - Recreational Vehicle Franchise Act (445.1921 - 445.1949)

Section 445.1921 - Short Title.

Section 445.1923 - Definitions.

Section 445.1925 - Sale of Recreational Vehicles; Dealer Agreement Required; Dealer's Area of Sales Responsibility; Sale Outside of Designated Area; Principal of Dealer; Designation or Successor Plan.

Section 445.1927 - Publication of Prices, Charges, and Terms of Sale; Offer of Rebate, Discount, or Program; Imposition of Certain Requirements in Renewal of Dealer Agreement; Limitation.

Section 445.1929 - Termination or Nonrenewal of Dealer Agreement by Manufacturer; Good Cause Required; Burden; Factors; Notice; Option by Manufacturer to Repurchase From Dealer; Return of Items; "Good Cause" Defined.

Section 445.1931 - Termination or Nonrenewal of Dealer Agreement by Dealer; Good Cause Required; Provisions Applicable to Termination.

Section 445.1933 - Sale of Line-Make After Termination or Nonrenewal.

Section 445.1935 - Change of Ownership; Death, Incapacity, or Retirement of Designated Principal.

Section 445.1937 - Warrantor; Obligations; Audits; Submission of Claims; Notice of Inability to Perform Warranty Repairs; Approval or Disapproval of Claim by Warrantor.

Section 445.1939 - Warrantor; Prohibited Conduct; Indemnification; "Products" and "Warranted Products" Defined.

Section 445.1941 - Dealer; Prohibited Conduct; Indemnification.

Section 445.1943 - Damage of Recreational Vehicle Before Shipment or While in Transit; Inspection and Rejection; Unreasonable Number of Miles on Odometer.

Section 445.1945 - Coercion; Prohibitions; Definition.

Section 445.1947 - Violation of Act; Civil Action; Attorney Fees; Venue; Mediation; Written Demand; Service; Selection of Mediator; Filing of Complaint, Petition, Protest, or Other Action; Order Suspending Action; Costs.

Section 445.1949 - Injunction; Bond.