20-304. Coercion of retail dealer by manufacturer or distributor in connection with installment sales contract prohibited.
(a) It shall be unlawful for any manufacturer, wholesaler or distributor, or any officer, agent or representative of either, to coerce, or attempt to coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer in this State to sell, assign or transfer any retail installment sales contract, obtained by such dealer in connection with the sale by him in this State of motor vehicles manufactured or sold by such manufacturer, wholesaler, or distributor, to a specified finance company or class of such companies, or to any other specified persons, by any of the acts or means hereinafter set forth, namely:
(1) By any statement, suggestion, promise or threat that such manufacturer, wholesaler, or distributor will in any manner benefit or injure such dealer, whether such statement, suggestion, threat or promise is expressed or implied, or made directly or indirectly,
(2) By any act that will benefit or injure such dealer,
(3) By any contract, or any expressed or implied offer of contract, made directly or indirectly to such dealer, for handling motor vehicles, on the condition that such dealer sell, assign or transfer his retail installment sales contract thereon, in this State, to a specified finance company or class of such companies, or to any other specified person,
(4) By any expressed or implied statement or representation, made directly or indirectly, that such dealer is under any obligation whatsoever to sell, assign or transfer any of his retail sales contracts, in this State, on motor vehicles manufactured or sold by such manufacturer, wholesaler, or distributor to such finance company, or class of companies, or other specified person, because of any relationship or affiliation between such manufacturer, wholesaler, or distributor and such finance company or companies or such other specified person or persons.
(b) Any such statements, threats, promises, acts, contracts, or offers of contracts, when the effect thereof may be to lessen or eliminate competition, or tend to create a monopoly, are declared unfair trade practices and unfair methods of competition and against the public policy of this State, are unlawful and are hereby prohibited. (1955, c. 1243, s. 20.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law.
§ 20-285 - Regulation of motor vehicle distribution in public interest.
§ 20-287 - Licenses required; penalties.
§ 20-288 - Application for license; license requirements; expiration of license; bond.
§ 20-291 - Representatives to carry license and display it on request; license to name employer.
§ 20-292 - Dealers may display motor vehicles for sale at retail only at established salesrooms.
§ 20-292.1 - Supplemental temporary license for sale of antique and specialty vehicles.
§ 20-294 - Grounds for denying, suspending, placing on probation, or revoking licenses.
§ 20-295 - Action on application; grace period while application for license renewal is pending.
§ 20-297 - Retention and inspection of certain records.
§ 20-297.1 - Franchise-related form agreements.
§ 20-299 - Acts of officers, directors, partners, salesmen and other representatives.
§ 20-300 - Appeals from actions of Commissioner.
§ 20-301 - Powers of Commissioner.
§ 20-301.1 - Notice of additional charges against dealer's account; informal appeals procedure.
§ 20-302 - Rules and regulations.
§ 20-305.1 - Automobile dealer warranty and recall obligations.
§ 20-305.2 - Unfair methods of competition; protection of car-buying public.
§ 20-305.5 - Recreational vehicle manufacturer warranty recall obligations.
§ 20-305.6 - Unlawful for manufacturers to unfairly discriminate among dealers.
§ 20-305.7 - Protecting dealership data and consent to access dealership information.
§ 20-307 - Article applicable to existing and future franchises and contracts.