Nev. Rev. Stat. » NRS: CHAPTER 482 - MOTOR VEHICLES AND TRAILERS: LICENSING, REGISTRATION, SALES AND LEASES

Nev. Rev. Stat. § 482.36355

Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise

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NRS 482.36355  Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise.  In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the Director shall consider, without limitation:

      1.  The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant marketing area. All transactions and all registrations must be taken into account within the area covered by the franchise.

      2.  The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.

      3.  Whether the proposed action would be injurious or beneficial to the public welfare.

      4.  Whether the dealer has adequate new facilities for sales and service, equipment, vehicle parts and qualified personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether the dealer has been and is rendering adequate services to the public.

      5.  Whether the dealer fails to fulfill warranty obligations of the manufacturer or distributor to be performed by the dealer.

      6.  The extent of the dealer’s failure, if any, to comply with the terms of the franchise.

      7.  Whether the dealer, the successor in interest of the dealer or the manufacturer or distributor has complied with the provisions of NRS 482.36396 to 482.36414, inclusive.

      (Added to NRS by 1981, 699; A 1985, 1832; 1999, 2509)

     

Notes of Decisions
Cited in 4 cases, 2015–2019 · leading case: Chrysler Group LLC v. Fox Hills Motor Sales, Inc.
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Chrysler Group LLC v. Fox Hills Motor Sales, Inc. (2015) ca6 “The factors that the arbitrator must take into consideration parallel the factors relevant for the state-law determination of whether good cause exists to terminate a dealership, especially those related to the performance of the dealership prior to termination.”
Colonial Chevrolet Co., Inc. v. United States (2019) uscfc “” Nev. Rev. Stat. Ann. § 482.36355 (West 2009).”
Colonial Chevrolet Co., Inc. v. United States (2019) uscfc “” Nev. Rev. Stat. Ann. § 482.36355 (West 2009).”
Ford Motor Co. Vs. Jones-West Ford, Inc. (2019) nev “Here, the DMV found that Ford did not 2Mi1es has over 35 years of experience dealing with California's motor vehicle regulatory scheme.”
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