GA Motor Vehicle Franchise Practices Act enforced for measuring the performance, including, but not limited to, sales or service performance, of a dealer unless such criteria: (A) Is fair, reasonable, and equitable; and (B) Is based on accurate and relevant information; (21) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment or reimbursement for incentives, hold-backs, sales or service promotion or other special program money, or any other amount owed to such dealer by the franchisor, if based solely on the dealer’s compliance with a specific program requirement of the franchisor that would cause the dealer to violate a law or any properly promulgated rule or regulation of this state; or (22) To fail to provide to the dealer a written disclosure, which may be provided to a potential consumer or a new motor vehicle, or each accessory or function of the motor vehicle that may be initiated, updated, changed, or maintained by the manufacturer or distributor through remote means, and the charge to the consumer for the initiation, update, change, or maintenance that is known at the time of the transaction. A manufacturer or distributor may comply with this paragraph by notifying the dealer that the information is available on a public website or by other digital means. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983. 10-1-663. Prohibited Acts by franchisors. (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or materials at the expense of the dealer; or (2) To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards determined by the franchisor in accordance with uniformly applied criteria and provided no change in the 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 franchisor, which consent shall not unreasonably be withheld. (b) No franchisor shall: (1) Refuse to disclose to any dealer the manner and mode of distribution of the same line make as handled by the dealer within the dealer’s market area; (2) Increase prices of new motor vehicles which the dealer had ordered for consumers prior to the dealer’s receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided the vehicle is in fact delivered to that customer. Price differences applicable to new models or series shall not be considered a price increase. Price changes caused by the addition to a motor vehicle of required or optional equipment, revaluation of the United States dollar in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by carriers shall not be subject to the provisions of this paragraph; (3) Discriminate unfairly among its dealers with respect to any aspect of operating a motor vehicle dealership; (4) Establish or create: (A) By agreement or otherwise, unreasonable restrictions relative to noncompetition covenants or site control, whether by sublease, collateral pledge of lease, agreement, or other means; (B) Reserved; (C) By agreement or otherwise, an option to purchase the dealership or its assets from the dealer; or (D) By agreement or otherwise, unreasonable requirements to comply with subjective standards or other matters incident to the operation of the dealership; or 80 | 2025 MEMBERSHIP DIRECTORY | 2026 MEMBERSHIP DIRECTORY
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