Subdivision 1. Terms.
As used in sections
, unless the context otherwise
requires, the following terms have the meanings given them.
Subd. 2. Motor vehicle.
"Motor vehicle" is as defined in section
168.011, subdivision 4
but does not include farm implements or machinery or special mobile equipment as defined
168.011, subdivision 22
Subd. 3. New motor vehicle dealer; dealer.
"New motor vehicle dealer" or "dealer" means a
person who in the ordinary course of business is engaged in the business of selling new motor
vehicles to consumers or other end users and who holds a valid sales and service agreement,
franchise, or contract, granted by a manufacturer, distributor, or wholesaler for the sale of its
Subd. 4. Manufacturer.
"Manufacturer" means any person who manufactures or assembles
new motor vehicles or any person, partnership, firm, association, joint venture, corporation, or
trust which is controlled by the manufacturer.
Subd. 5. Distributor.
"Distributor" means any person who in whole or in part offers for
sale, sells, or distributes any new motor vehicle to new motor vehicle dealers, or who maintains
factory representatives or who controls any person who in whole or in part offers for sale, sells, or
distributes any new motor vehicle to new motor vehicle dealers.
Subd. 6. Factory branch.
"Factory branch" means a branch office maintained by a
manufacturer for the purpose of selling, or offering for sale, motor vehicles to a distributor or
new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor
Subd. 7. New motor vehicle.
"New motor vehicle" means a motor vehicle which is in the
possession of a manufacturer, distributor, or wholesaler, or has been sold only to the holders of a
valid sales and service agreement, franchise, or contract, granted by the manufacturer, distributor,
or wholesaler for the sale of the new motor vehicle and which is in fact new and on which the
original title has not been issued from the franchised dealer.
Subd. 8. Franchise.
"Franchise" means the written agreement or contract between any
new motor vehicle manufacturer and any new motor vehicle dealer which grants to the dealer
the right to market motor vehicles and which purports to fix the legal rights and liabilities of the
parties to the agreement or contract.
Subd. 9. Good faith.
"Good faith" means honesty in fact and the observation of reasonable
commercial standards of fair dealing in the trade as is defined and interpreted in section
, clause (1)(b).
Subd. 10. Designated family member.
"Designated family member" means the spouse,
child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealer who,
in the case of the owner's death, is entitled to inherit the ownership interest in the new motor
vehicle dealer under the terms of the owner's will or who, in the case of an incapacitated owner
of a new motor vehicle dealer, has been appointed by a court as the legal representative of the
new motor vehicle dealer's property.
Subd. 11.[Repealed, 1985 c 34 s 6
History: 1981 c 59 s 4; 1982 c 452 s 1