New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1288

Introduced
1/11/22  

Caption

Revises law concerning the rights and responsibilities of motor vehicle franchisees and franchisors.

Summary

Assembly Bill A1288 aims to revise New Jersey's law concerning the rights and responsibilities of motor vehicle franchisees and franchisors, specifically amending parts of the Franchise Practices Act. The bill seeks to address ongoing concerns about the inherent inequalities in bargaining power between franchisors and franchisees, ensuring better protections for franchisees when entering agreements or dealing with franchisors. It introduces measures that prevent franchisors from imposing unfair terms on franchisees and promotes fair business practices in this sector. One of the notable provisions of A1288 permits motor vehicle manufacturers (franchisors) to directly sell zero-emission vehicles (ZEVs) at a limited number of locations in New Jersey. This provision aims to facilitate the availability of environmentally friendly vehicles while navigating the traditional franchising structure that usually limits direct sales to consumers. The bill emphasizes consumer protection and aims to create a more competitive market for zero-emission vehicles in the state. A further significant change proposed in the bill is the clarification of conditions under which franchisors can impose restrictions or conditions on franchisees, particularly regarding the transfer and sale of dealerships. This change is intended to limit franchisors’ control over franchisee operations and promote fair conditions under which franchisees can sell their businesses or transfer ownership to suitable candidates. The bill establishes that any refusal to approve transfers must not be based on arbitrary comparisons to other franchisees. In terms of contention, the bill is likely to face scrutiny on the grounds of its interpretation of the franchisor-franchisee relationship. Franchisors may argue that the bill imposes excessive restrictions that could hinder their operational flexibility and business strategies. Conversely, advocates for the bill assert that these changes are necessary to ensure the survival and success of franchisees who contribute significantly to the economy. A1288 highlights the ongoing debate about the role of legislation in moderating relationships within franchise systems to enhance equity and consumer welfare.

Companion Bills

No companion bills found.

Previously Filed As

NJ A3530

Revises law concerning the rights and responsibilities of motor vehicle franchisees and franchisors.

NJ A927

Allows certain motor vehicle franchisors to sell, lease, or assign vehicles to employees.

NJ SB1081

Modifies provisions relating to compensation made by motor vehicle franchisors to franchisees

NJ HB1914

Modifies provisions relating to franchisors' warranty duties to franchisees

NJ HB2584

Relating to prohibitions upon fees that franchisors impose upon franchisees.

NJ SB502

Modifies dealer compensation by franchisors under the Motor Vehicle Franchise Practices Act

NJ HB2572

Relating to agreements between franchisors and franchisees; prescribing an effective date.

NJ HB2127

Relating to motor vehicle dealer franchises.

NJ A4992

Requires franchise agreement for sale of all-terrain vehicles and certain watercraft.

NJ HB969

Modifies provisions relating to motorcycle or all-terrain vehicle franchisors

Similar Bills

AZ HB2038

franchises; relationships; definitions

NJ S613

Revises "Franchise Practices Act."

NJ S2920

Concerns hospitality franchise agreements.

NJ A3530

Revises law concerning the rights and responsibilities of motor vehicle franchisees and franchisors.

NJ A3945

Concerns hospitality franchise agreements.

NJ S4202

"Hotel Franchisee Fairness and Market Access Act."

NJ A5050

"Hotel Franchisee Fairness and Market Access Act."

NM SB439

Deceptive Franchise Practices Act