1. (1) Notwithstanding the terms of a franchise agreement, a brand owner shall not directly or indirectly:

   1. (a) Require a new motor vehicle dealer to offer a secondary product;
   2. (b) Require a new motor vehicle dealer to provide a customer with a disclosure not otherwise required by law; or

   3. (c) Prohibit a new motor vehicle dealer from offering a secondary product including, but not limited to:

      1. (i) Service contracts;
      2. (ii) Maintenance agreements;
      3. (iii) Extended warranties;
      4. (iv) Protection product guarantees;
      5. (v) Guaranteed asset protection waivers;
      6. (vi) Insurance;
      7. (vii) Replacement parts;
      8. (viii) Vehicle accessories;
      9. (ix) Oil; or
      10. (x) Supplies.
2. (2) It is not a violation of this section for a brand owner to offer an incentive program to new motor vehicle dealers to encourage them to sell or offer to sell a secondary product approved, endorsed, sponsored, or offered by the brand owner, provided the program does not provide vehicle sales or service incentives.
3. (3) It is not a violation of this section for a brand owner to prohibit a new motor vehicle dealer from using secondary products for any repair work paid for by the brand owner under the terms of a warranty, recall, service contract, extended warranty, maintenance plan, or certified preowned vehicle program established or offered by the brand owner.

4. (4) For the purposes of this section:

   1. (a) "Brand owner" means a manufacturer, distributor, factory branch, factory representative, agent, officer, parent company, wholly or partially owned subsidiary, affiliate entity, or other person under common control with a factory, importer, or distributor.
   2. (b) "Common control" has the same meaning as in RCW 48.31B.005.
   3. (c) "Customer" means the retail purchaser of a vehicle or secondary product from a new motor vehicle dealer.
   4. (d) "Original equipment manufacturer parts" means parts manufactured by or for a vehicle's original manufacturer or its designee.
   5. (e) "Secondary product" means all products that are not new motor vehicles or original equipment manufacturer parts.

[ 2020 c 174 s 1.]