whether good cause exists for terminating, refusing to continue,

modifying or replacing a franchise, or for establishing an additional

dealership or relocating an existing dealership, the director shall

consider the lasting nature of each affected dealer’s investment. The

investment includes commitments of the owner to the dealership, the

value of time and effort devoted to building the business, and any real

property of the owner used by the dealership whether or not held in the

name of the dealership.

2. The sole fact that a manufacturer or distributor desires further

penetration of the market does not constitute good cause to take any of

the actions described in subsection 1.

discovery preliminary to each hearing required pursuant to NRS

482.36352, 482.36354 or 482.36357. The practice so established must

conform insofar as practicable to the practice established for use in the

district courts pursuant to N.R.C.P. 26 to 37, inclusive.

subsidiary or enterprise under common control with a manufacturer or

distributor shall not own or operate a facility for the repair or

maintenance of motor vehicles except:

1. Vehicles owned or operated by the manufacturer, distributor or a

related person; or

2. Service required to comply with a statute or regulation or the order

of a court.

distributor to:

1. 1. Sell or offer to sell a new motor vehicle to a dealer at a lower

1. actual price than the actual price offered to another dealer for the same

1. model similarly equipped or to use a promotion or other device that

1. results in a lower actual price. This subsection does not apply to a sale to

1. a governmental unit or to a dealer for resale to a governmental unit, or

1. to a sale to a dealer of a vehicle ultimately sold, donated or used by the

1. dealer or in a program of driver’s education.
2. 2. Offer, sell or lease a new motor vehicle to any person, except a

1. distributor, at a lower actual price than the price offered or charged a

1. dealer for the same model similarly equipped, or use any device that

1. results in a lower actual price.

1. 3. Offer or sell parts or accessories to a dealer for his own use in

1. repairing or replacing the same or a comparable part or accessory at a

1. lower actual price than the actual price charged to another dealer for his

1. own similar use, but a lower price may be charged to a dealer who buys

1. as a distributor for resale to retail outlets than is charged to a dealer who

1. does not buy for that purpose.

1. Adopt or put into effect a method for the allocation, scheduling or

delivery of new motor vehicles, parts or accessories to its dealers that is

not fair, reasonable and equitable or change an existing method so as to

be unfair, unreasonable or inequitable. Upon the request of a dealer, a

manufacturer, importer or distributor shall disclose in writing to the

dealer the method by which new motor vehicles, parts and accessories are

allocated, scheduled or delivered to its dealers handling the same line or

make of vehicles.

2. Refuse or fail to deliver, in reasonable quantities and within a

reasonable time after receipt of an order, to a dealer holding a franchise

for a line or make of motor vehicle sold or distributed by the

manufacturer, importer or distributor any new vehicle sold under the

same name, trade-mark, service mark or brand, or parts or accessories

for the new vehicle, if the vehicle, parts or accessories are being delivered

to others or advertised as available for delivery, or require a dealer to

purchase unreasonable advertising displays or other materials, or require

a dealer to remodel or renovate his existing facilities as a prerequisite to

receiving a model or series of vehicles. Compliance with this subsection

is excused if prevented by an act of God, strike or labor dispute, embargo

or other cause beyond the control of the manufacturer, importer or

distributor.

482.36414, inclusive, if a transfer of the entire, or substantially the

entire, ownership or of all, or substantially all, the assets of a dealership

is proposed, a manufacturer or distributor may exercise a contractual

right of first refusal only if all the following requirements are met:

(a) The transfer is not to the dealer’s spouse, a member of his family,

a qualified manager, or a trust or artificial person controlled by any of

them.

(b) The manufacturer or distributor notifies the dealer in writing,

within 60 days after receipt of the completed form and information

customarily used to review such transfers and a copy of all relevant

agreements, of its intent to exercise the right of first refusal or its

rejection of the proposed transfer. If the manufacturer or distributor fails

to notify the dealer within the 60-day period, the effect is to approve the

proposed transfer.

(c) The exercise of the right of first refusal provides to the dealer the

same compensation as or greater compensation than he had negotiated

to receive from the proposed transferee.

(d) The manufacturer or distributor agrees to pay the reasonable

expenses, including attorney’s fees that do not exceed the usual and

reasonable fees charged to other clients for similar work, incurred by the

proposed transferee before the exercise of the right of first refusal in

negotiating and putting into effect the proposed transfer.

2. A manufacturer or distributor shall not utilize a right of first

refusal to influence terms offered by a third person, or to influence a

third person to refrain from negotiating, for the acquisition of a

dealership.

information concerning a customer to the manufacturer or a third party

if the customer objects or the disclosure is otherwise unlawful.

1. (c) In either case, within 30 days after the end of any appellate

1. procedure provided by the manufacturer or distributor.

1. affected.

1. proposed action upon the protesting dealer.

1. request.

1. material reasons for the denial must be stated. Failure to approve or deny

1. the request, in writing, within 90 days has the effect of approval.

1. r
2. (c) Refuse to consent to the designation of a successor, refuse to

1. honor a right of succession set forth in a franchise or refuse to approve

1. the transfer of a controlling interest in a dealership.