10-1-624. Persons subject to article; written instruments violating article void; franchisor’s use of subsidiary to accomplish illegal act. (a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state. (b) The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument. (c) Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article, and any amendments thereto, shall be deemed null and void and without force and effect. (d) No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor. 10-1-625. Statute of limitations. Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action. 10-1-626. Remedies not exclusive. The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts of this article. 10-1-627. Waiver of article void; voluntary releases valid. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration. 10-1-628. Attorney’s fees in action to enforce article. Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney´s fees. Such attorney´s fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed. Part 2: Motor Vehicle Dealer’s Day in Court 10-1-630. Short Title. This part shall be known and may be cited as the “Georgia Motor Vehicle Dealer´s Day in Court Act.” 10-1-631. Practices Violative of Existing Law. (a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer´s business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or WWW.GADA.COM | 59
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