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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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