190.062 Action for damages -- Power of commission -- Applicability of chapter.
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Notwithstanding the terms, provisions, or conditions of any agreement or franchise,
or the terms or provisions of any waiver, any person who is injured in his business
or property by a violation of this section or any person so injured because he refuses
to accede to a proposal for an arrangement which, if consummated, would be in
violation of this section, may bring a civil action in the Franklin Circuit Court to
enjoin further violations, to recover the actual damages sustained by him, together
with costs of the suit, including a reasonable attorney's fee.
The commission may order, deny, suspend, or revoke the license of any new motor
vehicle dealer, manufacturer, distributor, factory branch, or factory representative
for failing to comply with any provisions of KRS 190.010 to 190.080, or in lieu
thereof, or in addition thereto, may assess monetary penalties of a civil nature not to
exceed one thousand dollars (,000) for each violation.
The provisions of KRS 190.010 to 190.080 shall apply to all persons required to be
licensed under the terms herein, and to dealerships and contracts between new
motor vehicle dealers and manufacturers, distributors, factory branches, or factory
representatives at the time of its passage, and to all such future new motor vehicle
dealerships and contracts.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 374, sec. 3, effective July 15, 1982.
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