20-308.2. Applicability of this Article.
(a) Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale, or has business dealings, with respect to a new motor vehicle sale within this State, shall be subject to the provisions of this Article and shall be subject to the jurisdiction of the courts of this State.
(b) The applicability of this Article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.
(c) Any provision of any agreement, franchise, waiver, novation or any other written instrument which is in violation of any section of this Article shall be deemed null and void and without force and effect.
(d) It shall be unlawful for a manufacturer or distributor to use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association or person to accomplish what would otherwise be illegal conduct under this Article on the part of the manufacturer or distributor.
(e) The provisions of this Article shall apply to all written agreements between a manufacturer, wholesaler, or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements between a motor vehicle dealer and a manufacturer, wholesaler, or distributor. (1983, c. 704, s. 17; 2005-409, s. 6.)
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.