Prohibiting ownership, operation or control of a warranty service facility; exception; objections

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28-4413. Prohibiting ownership, operation or control of a warranty service facility; exception; objections

A. A manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch shall not directly or indirectly own, operate or control, except on an emergency or interim basis, a new motor vehicle warranty service facility that is located in this state and that is not part of a franchise dealership.

B. Subsection A does not apply in a community or county in which a dealer is not available to perform required warranty repairs or if an existing dealer is unable or unwilling to perform the warranty repairs required by the manufacturer. If subsection A does not apply pursuant to this subsection, a dealer may object to a manufacturer, factory branch, distributor or distributor branch or a subsidiary of a manufacturer, factory branch, distributor or distributor branch directly or indirectly owning, operating or controlling a new motor vehicle warranty service facility as provided in article 5 of this chapter.


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