A. A manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent or any representative of a manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent shall not coerce or attempt to coerce a new motor vehicle dealer to do any of the following:

1. 1. Accept delivery of a new motor vehicle or vehicles, parts or accessories for the vehicle or vehicles or any other commodities that the dealer has not ordered.
2. 2. Enter into an agreement with the manufacturer, factory branch, distributor, distributor branch or representative of the manufacturer, factory branch, distributor or distributor branch.
3. 3. Do any other act unfair to the dealer by threatening to cancel or not renew a franchise existing between the manufacturer, factory branch, distributor, distributor branch or representative of the manufacturer, factory branch, distributor or distributor branch and the dealer.
4. 4. Construct, renovate or make substantial alterations to the dealer's facilities unless the manufacturer, factory branch, distributor, distributor branch or representative of the manufacturer, factory branch, distributor or distributor branch is able to demonstrate that the changes are reasonable and justifiable in light of current and reasonably foreseeable economic conditions, the availability of additional vehicle allocation and the dealer's market for the sale of vehicles or unless the alteration is reasonably required to effectively display and service a vehicle based on the technology of the vehicle.

5. 5. Enter into a real property use or site control agreement as a condition of awarding a franchise, adding a line-make or dealer agreement to an existing new motor vehicle dealer, renewing a dealer agreement, approving the sale or transfer of the ownership of a dealership or approving the relocation of a dealership. This paragraph does not apply to a real property use or site control agreement if either of the following is offered to and accepted by the dealer without coercion or condition in exchange for a real property use or site control agreement:

   1. (a) Fair and reasonable monetary consideration.
   2. (b) Separate and valuable consideration that may be calculated to a sum certain.
6. 6. In connection with the sale of a used motor vehicle, other than a used motor vehicle sold pursuant to a factory's certified pre-owned program, require the use of only parts and accessories manufactured by the manufacturer, factory branch, distributor, distributor branch or importer. This paragraph does not apply to parts used to perform repairs pursuant to a recall or repairs performed pursuant to a manufacturer, factory branch, distributor, distributor branch or importer's warranty.
7. 7. Install on the dealer's dealership premises a customer facing electric vehicle charging station accessible to the general public.

C. A manufacturer, factory branch, distributor, distributor branch, field representative or officer shall not coerce or attempt to coerce a motor vehicle dealer and a manufacturer shall not do either of the following:

1. 1. Release to any outside party any confidential financial information of the dealer that may be provided from time to time by the dealer.
2. 2. Release to the general public average or composite prices, identified as such, based in whole or in part on such financial information.

D. Information described in subsection C, paragraphs 1 and 2 of this section shall not be released without the express written consent of the dealer, except that it may be released:

1. 1. Pursuant to subpoena or as otherwise required by law in any administrative, judicial or arbitration proceeding or in any law enforcement investigation.
2. 2. To a law enforcement agency, except that this exception does not apply to personal financial information.

I. For the purposes of this section, "coerce":

1. 1. Means the wrongful use of force or threat to persuade, constrain or compel a dealer to take or refrain from taking a specific action.
2. 2. Includes threatening to wrongfully withhold vehicles or parts or refusing to offer available incentives on the same terms as offered to other dealers of the same line-make in this state or offering a dealer a higher price for vehicles or parts than is offered to other same line-make dealers in this state or not providing the opportunity to earn available incentives on the same terms as other same line-make dealers in this state on the basis of the dealer refusing, declining or failing to perform a specific behavior.
3. 3. Does not include required compliance with a manufacturer's, importer's or distributor's reasonably necessary standards and requirements to fulfill the dealer's sales and service obligations.