Maine Revised Statutes Title 10 Sec. 1243-A – Unlawful sale of new personal sports mobile
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 10 Sec. 1243-A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
- New personal sports mobile: means a personal sports mobile that has not been sold previously to any person except a distributor or wholesaler or personal sports mobile dealer for resale. See Maine Revised Statutes Title 10 Sec. 1242
- person: includes any other entity in which the person has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
- Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of any personal sports mobile or interest in a personal sports mobile or of any franchise related to a personal sports mobile; and any option, subscription or other contract or solicitation looking to a sale, or any offer or attempt to sell in any form, whether spoken or written. See Maine Revised Statutes Title 10 Sec. 1242
A person is guilty of unlawful sale of a new personal sports mobile if that person sells a new personal sports mobile and does not possess a current and valid franchise with the personal sports mobile manufacturer of the brand of new personal sports mobile being sold. If, upon demand by a law enforcement officer, a person fails to produce evidence of a franchise required by this section, this failure is prima facie evidence that the person does not possess that franchise. [PL 2001, c. 616, §4 (NEW).]
A person who violates this section commits a Class E crime and additionally is liable in any action brought for unfair methods of competition or unfair and deceptive trade practices for treble damages, which include, but are not limited to, damages related to warranty coverage. [PL 2001, c. 616, §4 (NEW).]
This section may be enforced by any law enforcement officer. [PL 2001, c. 616, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 616, §4 (NEW).