§ 20-308.2. Applicability of this Article. - North Carolina Statutes

§ 20‑308.2. Applicability of this Article.

(a)        Any person whoengages directly or indirectly in purposeful contacts within this State inconnection with the offering or advertising for sale, or has business dealings,with respect to a new motor vehicle sale within this State, shall be subject tothe provisions of this Article and shall be subject to the jurisdiction of thecourts of this State.

(b)        The applicabilityof this Article shall not be affected by a choice of law clause in anyfranchise, agreement, waiver, novation, or any other written instrument.

(c)        Any provision ofany agreement, franchise, waiver, novation or any other written instrumentwhich is in violation of any section of this Article shall be deemed null andvoid and without force and effect.

(d)        It shall beunlawful for a manufacturer or distributor to use any subsidiary corporation,affiliated corporation, or any other controlled corporation, partnership,association or person to accomplish what would otherwise be illegal conductunder this Article on the part of the manufacturer or distributor.

(e)        The provisions ofthis Article shall apply to all written agreements between a manufacturer,wholesaler, or distributor with a motor vehicle dealer including, but notlimited to, the franchise offering, the franchise agreement, sales of goods,services or advertising, leases or deeds of trust of real or personal property,promises to pay, security interests, pledges, insurance contracts, advertisingcontracts, construction or installation contracts, servicing contracts, and allother such agreements between a motor vehicle dealer and a manufacturer,wholesaler, or distributor. (1983, c. 704, s. 17; 2005‑409, s. 6.)