Terms Used In Arizona Laws > Title 28 > Chapter 10 > Article 5 - Franchise Regulation

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Area of responsibility: means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing new motor vehicles. See Arizona Laws 28-4301
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automotive recycler: means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year. See Arizona Laws 28-101
• Community: means the relevant market area. See Arizona Laws 28-4301
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
• Director: means the director of the department of transportation. See Arizona Laws 28-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a person who either:

  (a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Distributor branch: means a branch office maintained or availed of by a distributor for either:

  (a) The sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Factory branch: means a branch office maintained or availed of by a manufacturer for either:

  (a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Financial institution: means a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or holding company that is licensed, regulated or insured by the department of insurance and financial institutions, the federal deposit insurance corporation, the office of thrift supervision, the comptroller of the currency, the national credit union share insurance fund or the national credit union administration. See Arizona Laws 28-4301
• Franchise: means a contract between two or more persons if all of the following conditions are included:

  (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

• Franchisee: means a person who both:

  (a) Receives new motor vehicles from the franchisor under a franchise. See Arizona Laws 28-4301

• Franchisor: means a person who both:

  (a) Manufactures or distributes new motor vehicles. See Arizona Laws 28-4301

• Fraud: Intentional deception resulting in injury to another.
• Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Arizona Laws 28-4301
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Lead: means any retail consumer who satisfies all of the following:

  (a) Responds to a factory-directed program that obtains consumer contact information and that provides such information to one or more dealers. See Arizona Laws 28-4301

• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Line-make: means those motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name of the manufacturer of those same motor vehicles. See Arizona Laws 28-4301
• Manufacturer: means any person who either:

  (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
• Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
• New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:

  (a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301

• New motor vehicle dealer: means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale. See Arizona Laws 28-4301
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: means :

  (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Retail consumer: means any person purchasing, leasing or acquiring or possibly purchasing, leasing or acquiring a vehicle or product, service or financing not for resale. See Arizona Laws 28-4301
• Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
• State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. See Arizona Laws 28-101
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Used motor vehicle: means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use. See Arizona Laws 28-4301
• Used motor vehicle dealer: means a person, other than a new motor vehicle dealer, who buys, sells, auctions, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, seven or more used motor vehicles in a continuous twelve month period. See Arizona Laws 28-4301
• Writing: includes printing. See Arizona Laws 1-215