2014 Kentucky Revised Statutes CHAPTER 190 - MOTOR VEHICLE SALES 190.062 Action for damages -- Power of commission -- Applicability of chapter and KRS Chapter 190A -- Written demand for mediation required before civil action involving recreational vehicle franchise issues may be brought.
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190.062
Action for damages -- Power of commission -- Applicability of
chapter and KRS Chapter 190A -- Written demand for mediation required
before civil action involving recreational vehicle franchise issues may be
brought.
(1)
(2)
(3)
(4)
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, new recreational vehicle dealer, manufacturer, distributor,
factory branch, or factory representative for failing to comply with any
provisions of KRS 190.010 to 190.080 or KRS Chapter 190A, as such
provisions apply, respectively, to new motor vehicle dealers, new recreational
vehicle dealers, manufacturers, distributors, factory branches, or factory
representatives; or in lieu thereof, or in addition thereto, may assess monetary
penalties of a civil nature not to exceed one thousand dollars ($1,000) for each
violation.
The provisions of KRS 190.010 to 190.080 and KRS Chapter 190A, as such
provisions apply, respectively, to new motor vehicle dealers, new recreational
vehicle dealers, manufacturers, distributors, factor branches, or factory
representatives, shall apply to all persons required to be licensed under the
terms herein, and to dealerships and contracts between new motor vehicle
dealers, new recreational 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.
(a) In addition to the provisions of this section, before a civil action involving
recreational vehicle franchise issues is brought, the party bringing suit for
an alleged violation of this chapter shall serve a written demand for
mediation on the offending party. The demand for mediation shall include
a brief statement of the dispute and the relief sought by the party making
the demand. The party making the demand shall serve the demand by
certified mail to one (1) of the following addresses:
1.
In an action between a new recreational vehicle dealer and a
manufacturer, the address stated in the dealer agreement between
the parties;
2.
In an action between a new recreational vehicle dealer and a
warrantor that is not a manufacturer, the address stated in any
agreement between the parties; or
3
In an action between two (2) new recreational vehicle dealers, the
address of the offending dealer in the records of the commission.
(b) Within twenty (20) days after a demand for mediation is served under this
subsection, the parties shall mutually select an independent mediator who
is approved by the commission and meet with that mediator for the
(c)
(d)
purpose of attempting to resolve the dispute at a location in this state
selected by the mediator. The mediator may extend the date of the
meeting for good cause shown by either party or if the parties agree to the
extension.
The service of a demand for mediation under this subsection tolls the
time for the filing of any complaint, petition, protest, or other action under
this chapter until representatives of both parties have met with the
mediator selected pursuant to paragraph (b) of this subsection for the
purpose of attempting to resolve the dispute. If a complaint, petition,
protest, or other action is filed before that meeting, the court shall enter an
order suspending the proceeding or action until the mediation meeting
has occurred and may, if all the parties to the proceeding or action
stipulate in writing that they wish to continue to mediate under this
subsection, enter an order suspending the proceeding or action for as
long a period as the court considers appropriate.
Each of the parties to the mediation under this subsection is responsible
for its own attorney fees. The parties shall equally divide the cost of the
mediator.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 27, sec. 20, effective January 1, 2015. -Created 1982 Ky. Acts ch. 374, sec. 3, effective July 15, 1982.
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