(A) A manufacturer may not coerce or attempt to coerce a dealer to:
(1) purchase a product that the dealer did not order;
(2) enter into an agreement with the manufacturer; or
(3) enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter.
(B) As used in this section, the term "coerce" includes, but is not limited to, threatening to terminate, cancel, or not renew a manufacturer/dealer agreement without good cause or threatening to withhold product lines the dealer is entitled to purchase pursuant to the manufacturer/dealer agreement or delay product delivery as an inducement to amending the manufacturer/dealer agreement.
HISTORY: 2017 Act No. 51 (S.321), Section 1, eff November 19, 2017.
Editor's Note
2017 Act No. 51,Sections 6, 7, provide:
"SECTION 6. The department is authorized to promulgate regulations for the enforcement of the provisions of Chapter 14, Title 56.
"SECTION 7. This act takes effect six months after approval by the Governor and applies to manufacturer/dealer agreements entered into on or after July 1, 2018."
Structure South Carolina Code of Laws
Chapter 14 - Regulation Of Manufacturers, Distributors And Dealers Of Recreational Vehicles
Section 56-14-10. Definitions.
Section 56-14-20. Persons subject to chapter and jurisdiction of courts; service of process.
Section 56-14-25. Applicability to park model trailers.
Section 56-14-30. License for dealer; exhibition license; fees; penalties.
Section 56-14-60. Records of transfers; organization; penalties.
Section 56-14-70. Denial, suspension, or revocation of license.
Section 56-14-80. Manufacturer/dealer agreement.
Section 56-14-105. Manufacturer's repurchase of new recreational vehicles and accessories.
Section 56-14-130. Indemnification; violations of this chapter.
Section 56-14-140. Procedures for new recreational vehicles damaged prior to transit to dealer.
Section 56-14-150. Coercion by manufacturers prohibited.
Section 56-14-160. Civil actions; venue; demand for mediation; injunctions.