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lower actual price than the actual price offered to any other | franchisee or other person for the same parts. |
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| | In any claim that is disapproved by the manufacturer, and the | dealer brings legal action to collect the disapproved claim and | is successful in the action, the court shall award the dealer the | cost of the action together with reasonable attorney attorney's | fees. Reasonable attorney attorney's fees shall be are determined | by the value of the time reasonably expended by the attorney and | not by the amount of the recovery on behalf of the dealer. |
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| | A franchisor may periodically audit a franchisee in relation | to warranty claims submitted by the franchisee.__Audits of | warranty claims may be only for the 3-month period immediately | preceding the date the audit is commenced.__A franchisor may not | impose time limits for the submission of claims that limit a | franchisee's right to recover such claims within the time | authorized by section 1183. |
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| | A claim that has been approved and paid may not be charged | back by the franchisor to the franchisee unless the franchisor | can prove that the claim was false or fraudulent, that the | repairs were not properly made or were unnecessary to correct the | defective condition or that the franchisee failed to minimally | substantiate the claim.__The franchisor has the burden of proving | by clear and convincing evidence that a warranty claim may be | charged back for one of the reasons authorized in this paragraph. |
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| | It is unlawful for a franchisor, manufacturer, factory branch, | distributor branch or subsidiary to own, operate or control, | either directly or indirectly, a motor vehicle warranty or | service facility located in the State except on an emergency or | interim basis or if no qualified applicant has applied for | appointment as a dealer in a market previously served by a new | motor vehicle dealer of that manufacturer, factory branch, | distributor branch or subsidiary's line make. |
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| | It is unlawful for a franchisor, manufacturer, factory branch, | distributor branch or subsidiary to authorize or to pay for | warranty repair services to be performed by any person other than | a franchised new motor vehicle dealer of that line make, except | that warranty repair services may be performed by the Federal | Government or any agency of the Federal Government on its own | fleet, by the State or any agency of the State on its own fleet, | or by the owner of a fleet of 15 or more vehicles as long as such | warranty repair services are limited to those vehicles in any | such fleet that are owned by and registered to the person | performing such warranty repair services. |
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