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4-75-409. Exclusive financing agreements — Threats as prima facie evidence.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-75-409. Exclusive financing agreements — Threats as prima facie evidence.

4-75-409. Exclusive financing agreements — Threats as prima facie evidence. Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one (1) or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in § 4-75-408.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-409

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:4-75-409
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5a6ca64771eeb5bc3e65775e9a0784c2ad283e0cebc61ad014158161569ccee6

Source location: content.xml paragraph 32405

Stored source content

4-75-409. Exclusive financing agreements — Threats as prima facie evidence. Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one (1) or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in § 4-75-408.

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Arkansas Code — all titles (historical 2020) · legal_authorities

4-75-408. Exclusive financing agreements — Prohibition.

4-75-408. Exclusive financing agreements — Prohibition. It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to sell, or enter into a contract to sell, motor vehicles to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that the person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contract, chattel mortgages, or leases arising from the sale of motor vehicles, or any one (1) or number thereof only to a designated person or class of persons, when the effect of the condition, agreement, or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of the condition, agreement, or understanding to finance the purchase or sale of motor vehicles or to purchase such conditional sales contracts, chattel mortgages, or leases. Any such condition, agreement, or understanding is void and against the public policy of this state.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-408

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-75-408. This identifies an authority to review, not proof of applicability.