New Hampshire Dealership ‘Bill of Rights’ Survives Supreme Court

A recent Supreme Court ruling in New Hampshire means dealers in that state have some of the strongest regulatory protections in the nation. In December, the New Hampshire Supreme Court rejected a challenge to the so-called “dealer bill of rights” in The Granite state. The result is an intact set of protections for New Hampshire dealers that stand out.

According to a report from the New Hampshire Union-Leader, under state law, automakers can only require dealership real estate upgrades every 15 years, a sharp contrast to laws elsewhere across the United States. The report also indicates dealers have “buy local” protection which prohibits automakers from hiring contractors outside of the area to work on local dealership jobs. The passing of the “dealer bill of rights” back in 2013 also required automakers to provide specifics about their incentive programs. Under New Hampshire law automakers must specify how they created a certain sales goal tied to an incentive. A 2013 Automotive News report indicated GM halted dealer incentives in NH in response to the state dealer “bill of rights.”

The New Hampshire “dealer bill of rights” survived its Supreme Court test and the state dealers association hopes it’s the last legal challenge the set of regulations face. Peter McNamara, president of the New Hampshire Automobile Dealers Association told the AP, “On behalf of the tens of thousands of people who work for franchised automotive dealerships around New Hampshire, I sincerely hope this is the final legal fight over this important law. In one fashion or another, these laws are on the books in virtually every other state in the country, and this is an unwarranted interruption of basic rights for those who work in New Hampshire’s auto, truck and farm equipment sales business every day.”