MOTOR VEHICLE FRANCHISE ACT
Act 118 of 1981
445.1565 Definitions; N to P.
Sec. 5.
(1) "New motor vehicle" means a motor vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold only to a new motor vehicle dealer and for which the new motor vehicle dealer has not issued an original title.
(2) "New motor vehicle dealer" means a person, including a distributor, that holds a dealer agreement granted by a manufacturer, distributor, or importer for the sale or distribution of its motor vehicles; is engaged in the business of purchasing, selling, exchanging, or dealing in new motor vehicles; and has an established place of business in this state.
(3) "Person" means a natural person, partnership, corporation, limited liability company, association, trust, estate, or other legal entity.
(4) "Proposed new motor vehicle dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor. Proposed motor vehicle dealer does not include a person whose dealer agreement is being renewed or continued.
History: 1981, Act 118, Imd. Eff. July 19, 1981 ;-- Am. 1998, Act 456, Imd. Eff. Dec. 30, 1998 ;-- Am. 2010, Act 139, Imd. Eff. Aug. 4, 2010
Notes of Decisions
Ford Motor Co. v. Ghreiwati Auto, 945 F. Supp. 2d 851 (E.D. Mich. 2013).
“Laws § 445.1565, s. 5(2). 3 Ford maintains that Auto and Orient are undisputedly not located in Michigan and undisputedly do not have established places of business in Michigan.”
Pung v. Gen. Motors Corp., 573 N.W.2d 80 (Mich. Ct. App. 1998).
“§ 445.1565; M.S.A. § 19.856(25). However, the statute gives standing to sue only to new motor vehicle dealers, not proposed new motor vehicle dealers.”
Pung v. Gen. Motors Corp., 573 N.W.2d 80 (Mich. Ct. App. 1997).
“” MCL 445.1565; MSA 19.856(25). However, the statute gives standing to sue only to new motor vehicle dealers, not proposed new motor vehicle dealers.”
Veritas Auto. Mach. v. Fca Int'l Operations (Mich. Ct. App. 2021).
“” MCL 445.1565(2). For purposes of the MVFA, an -6- “established place of business” means a permanent, enclosed commercial building located in this state that is easily accessible and open to the public at all reasonable times and at which a new motor vehicle dealer may legally…”
— Mich. Comp. Laws § 445.1565(2) — 2 cases
Veritas Auto. Mach. v. Fca Int'l Operations (Mich. Ct. App. 2021).
“” MCL 445.1565(2). For purposes of the MVFA, an -6- “established place of business” means a permanent, enclosed commercial building located in this state that is easily accessible and open to the public at all reasonable times and at which a new motor vehicle dealer may legally…”
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