18062.8
. It is unlawful for any manufacturer or distributor
licensed under this part to do any of the following:
(a) Refuse or fail to deliver, in reasonable quantities and within
a reasonable time after receipt of an order from a dealer having a
franchise for the retail sale of any new manufactured home,
mobilehome, or commercial coach sold or distributed by the
manufacturer or distributor, any new manufactured home, mobilehome,
or commercial coach or parts or accessories to new manufactured
homes, mobilehomes, or commercial coaches that are covered by the
franchise, if the mobilehome or commercial coach, parts or
accessories are publicly advertised as being available for delivery
or actually being delivered. This subdivision is not violated,
however, if the failure is caused by acts or causes beyond the
control of the manufacturer or distributor.
(b) Prevent or require or attempt to prevent or require, by
contract or otherwise, any change in the capital structure of a
dealership, if the dealer at all times meets any reasonable capital
standards agreed to by the dealer and the manufacturer or
distributor, and also provided that no change in capital structure
shall cause a change in the principal management or have the effect
of a sale of the franchise without the consent of the manufacturer or
distributor.
(c) Prevent or require, or attempt to prevent or require, a dealer
to change the executive management of a dealership, other than the
principal dealership operator or operators, if the franchise was
granted the dealer in reliance upon the personal qualifications of
that person or persons.
(d) Prevent or require, or attempt to prevent or require, by
contract or otherwise, any dealer, or any officer, partner, or
stockholder of any dealership, to participate in the sale or transfer
of any part of the interest of any of them to any other person or
persons. No dealer, officer, partner, or stockholder shall, however,
have the right to sell, transfer, or assign the franchise, or any
right thereunder, without the consent of the manufacturer or
distributor if the consent is not unreasonably withheld.
(e) Prevent, or attempt to prevent, a dealer from receiving fair
and reasonable compensation for the value of the franchised business.
There shall be no transfer or assignment of the dealer's franchise
without the consent of the manufacturer or distributor, if the
consent is not unreasonably withheld.
(f) Obtain money, goods, services, or any other benefit from any
other person with whom the dealer does business, on account of, or in
relation to, the transaction between the dealer and any other
person, other than for compensation for services rendered, unless the
benefit is promptly accounted for, and transmitted to, the dealer.
(g) Require a dealer to prospectively assent to a release,
assignment, novation, waiver, or estoppel that would relieve any
person from liability imposed by this part or to require any
controversy between a dealer and a manufacturer or distributor to be
referred to any person other than the department, if the referral
would be binding on the dealer. This subdivision does not, however,
prohibit arbitration before an independent arbitrator.
(h) Increase the prices of manufactured homes, mobilehomes, or
commercial coaches that the dealer ordered for private retail
consumers prior to the dealer's receipt of the written official price
increase notification. A sales contract signed by a private retail
consumer shall constitute evidence of each order. In the event of
manufacturer price reductions, the amount of any reduction received
by a dealer shall be passed on to the private retail consumer by the
dealer if the retail price was negotiated on the basis of the
previous higher price to the dealer. Price reductions shall apply to
all manufactured homes, mobilehomes, and commercial coaches in the
dealer's inventory that were subject to the price reduction. A price
difference applicable to new model or series manufactured homes,
mobilehomes, or commercial coaches at the time of the introduction of
new models or series shall not be considered a price increase or
price decrease. Price changes caused by either of the following shall
not be subject to this subdivision:
(1) The addition to a manufactured home, mobilehome, or commercial
coach of required or optional equipment pursuant to state or federal
law.
(2) Revaluation of the United States dollar, in the case of
foreign-made manufactured homes, mobilehomes, or commercial coaches.
(i) Fail to pay to a dealer, within a reasonable time following
receipt of a valid claim by a dealer thereof, any payment agreed to
be made by the manufacturer or distributor to the dealer by reason of
the fact that a new manufactured home, mobilehome, or commercial
coach of a prior year model is in the dealer's inventory at the time
of introduction of new model manufactured homes, mobilehomes, or
commercial coaches. A manufacturer or distributor shall not authorize
or enable any new model to be delivered by dealers at retail more
than 30 days prior to the eligibility date of the model change
allowance payment for prior year model manufactured homes,
mobilehomes, or commercial coaches.
(j) Deny, to the surviving spouse or heirs designated by a
deceased owner of a dealership, the opportunity to participate in the
ownership of the dealership or successor dealership under a valid
franchise for a reasonable time after the death of the owner.
(k) Offer any refunds or other types of inducements to any dealer
or other person for the purchase of new manufactured homes,
mobilehomes, or commercial coaches of a certain make and model to be
sold to the state or any political subdivision of the state without
making the same offer to all other dealers in the same make and model
within the relevant market area.
( l) Employ a person as a distributor who has not been licensed
pursuant to this chapter.
(m) Deny any dealer the right of free association with any other
dealer for any lawful purpose.
(n) Compete with a dealer in the same make and model operating
under an agreement or franchise from a manufacturer or distributor in
the relevant market area. A manufacturer or distributor shall not,
however, be deemed to be competing when operating a dealership either
temporarily for a reasonable period, or in a bona fide retail
operation that is for sale to any qualified independent person at a
fair and reasonable price, or in a bona fide relationship in which an
independent person has made a significant investment subject to loss
in the dealership and can reasonably expect to acquire full
ownership of the dealership on reasonable terms and conditions.
(o) Unfairly discriminate among its franchisees with respect to
warranty reimbursement or authority granted its franchisees to make
warranty adjustments with retail customers.
(p) Sell manufactured homes, mobilehomes, or commercial coaches to
persons not licensed under this part for resale, except as
authorized pursuant to Section 18015.7 or 18062.9.
(q) Fail to exercise reasonable supervision over the activities of
employees who negotiate or promote the sale of manufactured homes,
mobilehomes, or commercial coaches.