California Business and Professions Code CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

• Section 22900.
  The Legislature finds and declares that the retail distribution, sales, and rental of agricultural, construction, utility, industrial, mining, outdoor power, forestry, and lawn and garden...
• Section 22901.
  The following definitions apply for purposes of this chapter:(a) “Act” means the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act.(b) “Bulk sales law” means the...
• Section 22902.
  It shall be a violation of this chapter for a supplier to take any of the following actions:(a) To coerce or compel any dealer to order...
• Section 22902.5.
  Nothing in this chapter permits the offering or enforcement of a provision in a dealer contract that requires a dealer to comply with a minimum...
• Section 22903.
  (a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a...
• Section 22903.1.
  (a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a...
• Section 22903.2.
  (a) This section shall only apply to dealer contracts between a single-line dealer and its single-line supplier.(b) No supplier may terminate a dealer contract without good cause....
• Section 22903.3.
  (a) If a dealer submits a warranty claim to a supplier while the dealer contract is in effect or within 60 days after the termination of...
• Section 22904.
  Every supplier shall provide to its dealers, on an annual basis, an opportunity to return a portion of their surplus parts inventory for credit. The...
• Section 22905.
  Except as provided in subdivision (p), whenever a dealer contract is terminated by cancellation or nonrenewal, the supplier shall repurchase the inventory as provided in...
• Section 22906.
  (a)  A dealer, as defined in subdivision (f) of Section 22901, is not entitled to establish a lien pursuant to this act, unless that person...
• Section 22907.
  Except as otherwise provided in this act, the notice of lien shall remain in effect, and no new notice of claim of lien shall be...
• Section 22908.
  The lien created by this act shall be perfected and shall be effective upon the filing of a notice claim of lien with the Secretary...
• Section 22909.
  The notice of claim of lien shall contain all of the following information:(a) The name and address of the lien claimant.(b) The name and address of the...
• Section 22910.
  The notice of claim of lien shall be signed by the lien claimant or by a person authorized by the claimant.(Amended by Stats. 2005, Ch....
• Section 22911.
  The notice of a claim of lien shall be filed on a form prescribed by the Secretary of State pursuant to Section 9502 of the...
• Section 22912.
  The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as...
• Section 22913.
  The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of filing the...
• Section 22914.
  For the purpose of the Secretary of State’s index pursuant to Sections 9516 and 9519 of the Commercial Code and for the purpose of the...
• Section 22915.
  The lien created pursuant to this act shall be treated according to the following:(a) Have priority in accordance with the time the notice of claim of...
• Section 22916.
  A member of the public may obtain a certificate from the Secretary of State identifying whether there is a lien on file and any notice...
• Section 22917.
  A member of the public may obtain a copy of any notice of an equipment repurchase lien, including notices affecting the notices from the Secretary...
• Section 22918.
  The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing the claim of lien. For purposes of this...
• Section 22919.
  The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final...
• Section 22920.
  (a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing...
• Section 22921.
  (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement.(b) The lienholder shall file...
• Section 22922.
  (a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101)...
• Section 22923.
  The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.(Added by...
• Section 22924.
  (a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the...
• Section 22925.
  Any dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of...
• Section 22926.
  If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...
• Section 22927.
  This act shall apply to dealer contracts in effect on the effective date of this act that have no expiration date and that are continuing...

Last modified: October 22, 2018