Revised Code of Washington
Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.
46.96.260 - Civil actions for violations.

RCW 46.96.260
Civil actions for violations.

A new motor vehicle dealer who is injured in his or her business or property by a violation of this chapter, or any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle dealers and is acting for itself or by, for, or on behalf of one or more new motor vehicle dealers, has standing to file a petition to the department to have the matter handled as an adjudicative proceeding under chapter 34.05 RCW, or may bring a civil action in a court of competent jurisdiction to recover the actual damages sustained by the dealer, to seek declaratory relief, or to enjoin further violations, together with the costs of the suit, including reasonable attorneys' fees if the new motor vehicle dealer, corporation, or association prevails. In addition, the court may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained for a willful violation. If a petition is filed with the department, the petition must be accompanied with a filing fee in accordance with RCW 46.96.210.

[ 2018 c 296 § 3; 2010 c 178 § 11.]

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.

46.96.010 - Legislative findings.

46.96.020 - Definitions.

46.96.030 - Termination, cancellation, or nonrenewal of franchise restricted.

46.96.035 - Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.

46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

46.96.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

46.96.060 - Good cause, what constitutes—Burden of proof.

46.96.070 - Notice of termination, cancellation, or nonrenewal.

46.96.080 - Payments by manufacturer to dealer for inventory, equipment, etc.

46.96.090 - Payments by manufacturer for dealership facilities.

46.96.095 - Compensation by manufacturer for labor and parts required to perform recall repairs—Applicability to certain used vehicles—Reimbursement claims—Recovery of costs—Remedy, exclusive.

46.96.100 - Mitigation of damages.

46.96.105 - Warranty work.

46.96.110 - Designated successor to franchise ownership.

46.96.140 - Relevant market area—Definition—New or relocated dealerships, notice of.

46.96.150 - Protest of new or relocated dealership—Hearing—Arbitration.

46.96.160 - Factors considered by administrative law judge.

46.96.170 - Hearing—Procedures, costs, appeal.

46.96.180 - Exceptions.

46.96.185 - Unfair practices—Exemptions—Definitions.

46.96.190 - Prohibited practices by manufacturer.

46.96.192 - Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.

46.96.194 - Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.

46.96.196 - Practices by brand owner.

46.96.200 - Sale, transfer, or exchange of franchise.

46.96.210 - Petition and hearing—Filing fee, costs, security.

46.96.220 - Right of first refusal.

46.96.230 - Manufacturer incentive programs.

46.96.240 - Venue.

46.96.250 - Immunity of franchisees and assigns.

46.96.260 - Civil actions for violations.

46.96.270 - Release of dealer and customer data and information—Access to management computer systems—Immunity.