In response to recent inquiries the Louisiana Motor
Vehicle Commission provides the following:
Contract provisions in various Franchise Agreements
and/or Sales and Service Agreements by and between Manufacturers and New
Motor Vehicle Dealer Licensees provide for remedies that are in conflict
with Louisiana law and LMVC Rules and Regulations. Examples of such
conflicts include some contract provisions that address dispute
resolution, transfer rights, termination rights and warranty audit
rights, to name a few.
The Louisiana Motor Vehicle Commission takes the
position that Louisiana law and LMVC Rules and Regulations supersede all
such conflicting contract provisions.
This bulletin expresses the policy view of the Louisiana Motor
Vehicle Commission and does not serve as a legal opinion and should not
be relied upon as such. You should seek your own legal counsel to advise
you of your rights and obligations under the law as it would apply to
you.
