Vermont § 4085 - Definitions The following words, terms, and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

§ 4085. Definitions The following words, terms, and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

• (1) “Board” means the Transportation Board as established in 19 V.S.A. § 3. (2) “Coerce” means the failure to act in a fair and equitable manner in performing or
  complying with any terms or provisions of a franchise or agreement; provided, however,
  that recommendation, persuasion, urging, or argument shall not be synonymous with
  coerce or lack of good faith. (3) “Dealership facilities” means the real estate, buildings, fixtures, and improvements
  that have been devoted to the conduct of business under the franchise by the new motor
  vehicle dealer. (4) “Designated family member” means the spouse, child, grandchild, parent, brother, or
  sister of the owner of a new motor vehicle dealer who, in the case of the owner’s
  death, is entitled to inherit the ownership interest in the new motor vehicle dealer
  under the terms of the owner’s will, or who has been nominated in any other written
  instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealer,
  has been appointed by a court as the legal representative of the new motor vehicle
  dealer’s property. (5) “Established place of business” means a permanent, commercial building located within
  this State easily accessible and open to the public at all reasonable times and at
  which the business of a new motor vehicle dealer, including the display and repair
  of vehicles, may be lawfully carried on in accordance with the terms of all applicable
  building codes, zoning, and other land-use regulatory ordinances. (6) “Franchise” means all agreements and contracts between any new motor vehicle manufacturer,
  written or otherwise, and any new motor vehicle dealer that relate to the operation
  of the franchise and purport to fix the legal rights and liabilities of the parties
  to such agreements or contracts, including agreements pursuant to which the dealer
  purchases and resells the franchise product, performs warranty and other service on
  the manufacturer’s products, leases or rents the dealership premises or agreements
  concerning the dealership premises, or construction or renovation of the dealership
  premises. (A) “Franchisee” means a new motor vehicle dealer who enters into or is currently a party
  to a franchise with a franchisor. (B) “Franchisor” means any manufacturer, distributor, distributor branch or factory branch,
  importer, or other person, partnership, corporation, association, or entity, whether
  resident or nonresident, that enters into or is currently a party to a franchise with
  a new motor vehicle dealer. (7) “Fraud” means, in addition to its common law connotation, the misrepresentation, in
  any manner, of a material fact; a promise or representation not made honestly and
  in good faith; and the intentional failure to disclose a material fact. (8) “Good faith” means honesty in fact and the observation of reasonable commercial standards
  of fair dealing in the trade as defined and interpreted in 9A V.S.A. § 1-201(b)(20) of the Uniform Commercial Code. (9) “Line-make” means motor vehicles that are offered for sale, lease, or distribution
  under a common name, trademark, service mark, or brand name of the franchisor or manufacturer
  of the motor vehicle. (10)(A) “Manufacturer” means any person, resident or nonresident, who manufactures or assembles
  new motor vehicles, or imports for distribution through distributors of motor vehicles,
  or any partnership, firm, association, joint venture, corporation, or trust, resident
  or nonresident, that is controlled by the manufacturer. (B) Additionally, the term manufacturer shall include the following terms: