62 | 2024 Membership Directory (9) “Manufacturer” means any person who performs the major portion of the assembly of a new motor vehicle. (10) “Motor vehicle” means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment and recreational vehicles as defined in paragraph (5) or subsection (a) of Code Section 10-1-679. (11) “New motor vehicle” means a motor vehicle on which the original motor vehicle title has not been issued. (12) “Owner” means any person holding an ownership interest in a dealership. (13) “Person” means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (13.1) “Relevant market area” means the area located within an eight-mile radius of an existing dealership. (14) “Warrantor” means any person who gives a warranty in connection with a new motor vehicle. (15) “Warranty” means a written document signed or authorized by the party on whose behalf it is given which is made or given incident to the sale or lease of a new motor vehicle which contains either statements or promises that said new motor vehicle meets or will meet certain standards or promises to perform certain repairs or other services in connection with said new motor vehicle if necessary. Such term does not include service contracts, mechanical or other insurance, or “extended warranties” sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor. 10-1-623. Action for violation of article; punitive damages; equitable relief; standing; venue. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his or her business or property by a violation of a provision of this article relating to that franchise or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may file a petition with the Department of Revenue as provided in Code Section 10-1-667 or may bring an action in any court of competent jurisdiction for damages and equitable relief including injunctive relief. Said person may recover damages therefore in any amount equal to the greater of (1) the actual pecuniary loss or (2) three times the actual pecuniary loss, not to exceed $750,000.00. In addition, said person may recover costs and reasonable attorney´s fees as damages. Upon a prima-facie showing by the person filing the petition or cause of action that a violation of this article has occurred, the burden of proof shall then be upon the opposing party to prove that such violation did not occur. (b) If the franchisor engages in aggravated or continued multiple intentional violations of a provision or provisions of this article, the court may award punitive damages in addition to any other damages authorized under this part. (c) A dealer, owner, or other party, if he has not suffered any loss of money, property, employment rights, or business opportunity, may obtain final equitable relief if it can be shown that the violation of a provision of this article by a franchisor may have the effect of causing such loss of money, property, employment rights, or business opportunity. (d) 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.
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