§ 445.1921 Short title
§ 445.1923 Definitions
§ 445.1925 Sale of recreational vehicles; dealer agreement required; dealer’s area of sales responsibility; sale outside of designated area; principal of dealer; designation or successor plan
§ 445.1927 Publication of prices, charges, and terms of sale; offer of rebate, discount, or program; imposition of certain requirements in renewal of dealer agreement; limitation
§ 445.1929 Termination or nonrenewal of dealer agreement by manufacturer; good cause required; burden; factors; notice; option by manufacturer to repurchase from dealer; return of items; “good cause” define
§ 445.1931 Termination or nonrenewal of dealer agreement by dealer; good cause required; provisions applicable to termination
§ 445.1933 Sale of line-make after termination or nonrenewal
§ 445.1935 Change of ownership; death, incapacity, or retirement of designated principal
§ 445.1937 Warrantor; obligations; audits; submission of claims; notice of inability to perform warranty repairs; approval or disapproval of claim by warrantor
§ 445.1939 Warrantor; prohibited conduct; indemnification; “products” and “warranted products” defined
§ 445.1941 Dealer; prohibited conduct; indemnification
§ 445.1943 Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer
§ 445.1945 Coercion; prohibitions; definition
§ 445.1947 Violation of act; civil action; attorney fees; venue; mediation; written demand; service; selection of mediator; filing of complaint, petition, protest, or other action; order suspending action;
§ 445.1949 Injunction; bond
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Terms Used In Michigan Laws > Chapter 445 > Act 33 of 2009 - Recreational Vehicle Franchise Act

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of sales responsibility: means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the public. See Michigan Laws 445.1923
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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 that is a dealer, as that term is defined in section 11 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Dealer agreement: means a written agreement or contract entered into between a manufacturer and a dealer that establishes the legal rights and obligations of the parties to that agreement or contract and pursuant to which the dealer is authorized to sell new recreational vehicles manufactured or distributed by the manufacturer. See Michigan Laws 445.1923
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of state. See Michigan Laws 445.1923
  • 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 campaign: means an effort by a warrantor to contact recreational vehicle owners or dealers in order to address an issue concerning a problem or defective part or equipment. See Michigan Laws 445.1923
  • Family member: means any of the following:
    (i) A spouse of an individual. See Michigan Laws 445.1923
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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 a specific series of recreational vehicle products that meet all of the following:
    •     (i) Are identified by a common series trade name or trademark. See Michigan Laws 445.1923
  • Manufacturer: means a person that manufactures or wholesales recreational vehicles or that distributes or wholesales recreational vehicles to dealers. See Michigan Laws 445.1923
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • Park model trailer: means that term as defined in section 38a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • 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: means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity. See Michigan Laws 445.1923
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Public vehicle show: means a recreational vehicle show that meets the requirements of section 248(10) of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Recreational vehicle: means that term as defined in section 49a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Transient customer: means a person who owns a recreational vehicle, is temporarily traveling through a dealer's area of sales responsibility, and engages the dealer to perform service work on that recreational vehicle. See Michigan Laws 445.1923
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Warrantor: means a manufacturer or any other person that provides a warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. See Michigan Laws 445.1923