Mass. Gen. Laws ch. 93B, § 1 - Definitions

• Cite as: Mass. Gen. Laws ch. 93B, § 1

As used in this chapter the following words shall have the following meanings:

"Boundary", the property line of the address of the principal new motor vehicle sales facility approved by the manufacturer or distributor in the franchise agreement and utilized by a dealership of a specific line make; or in the case of a proposed new location, the property line of the address of the principal new motor vehicle sales facility that is intended to be used by the proposed new person or the relocating existing dealer.

"Dealer", "motor vehicle dealer" or "dealership", any person who, in the ordinary course of its business, is engaged in the business of selling new motor vehicles to consumers or other end users pursuant to a franchise agreement and who has obtained a class 1 license pursuant to the provisions of section 58 and 59 of chapter 140. It shall not include: (1) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court, or (2) public officers while performing their duties as such officers.

"Distributor", any person who is not a manufacturer or a motor vehicle dealer, and who sells or distributes new and unused motor vehicles to motor vehicle dealers within the commonwealth or to any wholesaler who in turn sells or distributes such vehicles to motor vehicle dealers within the commonwealth; or any branch office or division maintained by any of such persons for directing and supervising their franchisor representatives.

"Dual" or "dualing", a motor vehicle dealer occupying and conducting business operations for one line make of new motor vehicles which is located in the dealership facilities described in the franchise agreement as dedicated, wholly or in part, to the operations governed by the franchise agreement, and from which it conducts its business operations for another line make of new motor vehicles.

"Former franchisee", a dealer that has either: (i) entered into a termination agreement or a deferred termination agreement with a predecessor or successor manufacturer related to the franchise; or (ii) had the franchise canceled, terminated, nonrenewed, noncontinued, rejected, nonassumed or otherwise ended by the predecessor or successor manufacturer.

"Franchise" or "franchise agreement", an oral or written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of new motor vehicles or services related thereto at wholesale, retail, leasing, or otherwise.