(1) As used in this section, unless the context otherwise requires:
"Average trade-in value" means the value of a used motor vehicle as established by agenerally accepted, published, third-party used vehicle resource.
"Stop-sale directive" means an unconditional directive from a manufacturer or distributor to a motor vehicle dealer to stop selling a type of motor vehicle manufactured by the manufacturer or distributed by the distributor because of a safety defect.
(2) A manufacturer or distributor shall reimburse a motor vehicle dealer in accordance with subsection (3) of this section if:
The manufacturer or distributor issues a stop-sale directive for a motor vehicle manufactured or distributed by the issuer of the stop-sale directive;
The motor vehicle dealer holds an active sales, service, and parts agreement with themanufacturer or distributor for the line-make of the used motor vehicle covered by the stop-sale directive;
The used motor vehicle covered by the stop-sale directive is held in the inventory ofthe motor vehicle dealer on the date the stop-sale directive is issued or taken by the dealer as a trade-in vehicle on a consumer purchase of the same line-make; and
The manufacturer or distributor has not provided a remedy procedure or made partsavailable to repair the used motor vehicle for more than thirty days after the stop-sale directive is issued.
(3) If the conditions in subsection (2) of this section are met, the manufacturer or distributor shall, upon application by the motor vehicle dealer, pay or credit the dealer one and one-half percent per month of the average trade-in value of the used motor vehicle's model prorated from thirty days after the stop-sale directive was issued to the earlier of:
(a) The date when the manufacturer or distributor provides the motor vehicle dealer with a remedy procedure and any necessary parts for ordering to repair the used motor vehicle; or (b) The date the motor vehicle dealer transfers the motor vehicle.
A manufacturer or distributor may determine a reasonable manner and method required for a motor vehicle dealer to demonstrate the inventory status of a used motor vehicle to determine eligibility for reimbursement.
(a) This section applies only to used motor vehicles.
This section is not intended to prevent a manufacturer or distributor from requiringthat a motor vehicle not be subject to an open recall or stop-sale directive for the motor vehicle to be qualified or sold as a certified preowned vehicle or substantially similar designation.
This section does not require a manufacturer or distributor to provide total compensation to a motor vehicle dealer that would exceed the total average trade-in valuation of the affected used motor vehicle.
This section does not preclude a motor vehicle dealer and a manufacturer or distributor from agreeing to reimbursement terms that differ from those specified in this section.
Compensation provided to a motor vehicle dealer under this section is exclusive andmay not be combined with any other remedy under state or federal law.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 89, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-132 as it existed prior to 2018.