General Laws of Massachusetts - Chapter 93E Regulation of Dealers' Agreements for the Sale of Gasoline

• Massachusetts General Laws - Definitions - Chapter 93E, Section 1
  For the purpose of this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— “Supplier”, any person engaged in the...
• Massachusetts General Laws - Agreements to which chapter applies - Chapter 93E, Section 2
  This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than twenty percent of the dealer’s gross...
• Massachusetts General Laws - Disclosures to prospective dealers - Chapter 93E, Section 3
  A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:— (a) The gallonage volume history, if any,...
• Massachusetts General Laws - Required promotions, give-aways, rebates, etc.; prohibition - Chapter 93E, Section 3A
  No agreement, formal or informal, shall require the use of any promotion, premium, coupon, give-away, or rebate in the operation of the business; provided, however,...
• Massachusetts General Laws - Termination, etc., of dealership; repurchase of merchandise - Chapter 93E, Section 4
  In the event of any termination, assignment, cancellation or failure to renew, whether by mutual agreement or otherwise, a supplier shall within thirty days of...
• Massachusetts General Laws - Marketing agreements; mandatory non-waiverable provisions - Chapter 93E, Section 4A
  Every marketing agreement between a supplier and a retail dealer shall be subject to the following non-waiverable provisions, whether or not they are expressly set...
• Massachusetts General Laws - Unfair methods of competition; unfair or deceptive acts or practices; prohibition - Chapter 93E, Section 5
  (a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 5A, are hereby declared to be unlawful. (b) In...
• Massachusetts General Laws - Termination of marketing agreement upon death of retail dealer; prohibition; successor-in-interest - Chapter 93E, Section 5A
  (a) It shall be unlawful to include in any marketing agreement any term which provides for the termination of such marketing agreement by a supplier...
• Massachusetts General Laws - Dealer trade associations; prevention of membership prohibited - Chapter 93E, Section 6
  No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers.
• Massachusetts General Laws - Violations of chapter; actions for damages by dealers; attorney’s fees - Chapter 93E, Section 7
  A dealer may bring an action for damages sustained as a result of (1) failure to make such disclosures as are required in section three;...
• Massachusetts General Laws - Enforcement by attorney general; application of other laws - Chapter 93E, Section 7A
  The attorney general shall enforce compliance with the provisions of this chapter in accordance with section 4 to 8, inclusive, of chapter 93A. Any retail...
• Massachusetts General Laws - Void and unenforceable contracts - Chapter 93E, Section 7B
  Any contract or part thereof or practice thereunder in violation of any provision of this chapter shall be deemed against public policy and shall be...
• Massachusetts General Laws - Severability - Chapter 93E, Section 7C
  If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this...
• Massachusetts General Laws - Limitation of actions - Chapter 93E, Section 8
  No action may be brought under this chapter for a cause of action which arose more than one year prior to the date such action...
• Massachusetts General Laws - Application of chapter - Chapter 93E, Section 9
  This chapter shall apply only to agreements entered into, renewed or amended on or after November first, nineteen hundred and seventy-two.

Last modified: September 11, 2015