(815 ILCS 710/2)
(from Ch. 121 1/2, par. 752)
As used in this Act, the following words shall,
unless the context otherwise requires, have the following meanings:
(a) "Motor vehicle", any motor driven vehicle required to be registered
under "The Illinois Vehicle Code". Beginning January 1, 2010, the term "motor vehicle" also includes any engine, transmission, or rear axle, regardless of whether it is attached to a vehicle chassis, that is manufactured for installation in any motor-driven vehicle with a gross vehicle weight rating of more than 16,000 pounds that is required to be registered under the Illinois Vehicle Code.
(b) "Manufacturer", any person engaged in the business of manufacturing
or assembling new and unused motor vehicles.
(c) "Factory branch", a branch office maintained by a manufacturer which
manufactures or assembles motor vehicles for sale to distributors or motor
vehicle dealers or which is maintained for directing and supervising the
representatives of the manufacturer.
(d) "Distributor branch", a branch office maintained by a distributor
or wholesaler who or which sells or distributes new or used motor vehicles
to motor vehicle dealers.
(e) "Factory representative", a representative employed by a manufacturer
or employed by a factory branch for the purpose of making or promoting the
sale of motor vehicles or for contracting with, supervising, servicing or
instructing motor vehicle dealers or prospective motor vehicle dealers.
(f) "Distributor representative", a representative employed by a
distributor branch, distributor or wholesaler.
(g) "Distributor" or "wholesaler", any person who sells or distributes
new or used motor vehicles to motor vehicle dealers or who maintains
distributor representatives within the State.
(h) "Motor vehicle dealer", any person who, in the ordinary course of
business, is engaged in the business of selling new or used motor vehicles
to consumers or other end users.
(i) "Franchise", an oral or written arrangement for a definite or indefinite
period in which a manufacturer, distributor or wholesaler 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 motor vehicles or services related thereto at wholesale,
retail, leasing or otherwise.
(j) "Franchiser", a manufacturer, distributor or wholesaler who grants
a franchise to a motor vehicle dealer.
(k) "Franchisee", a motor vehicle dealer to whom a franchise is offered
(l) "Sale", shall include the issuance, transfer, agreement for transfer,
exchange, pledge, hypothecation, mortgage in any form, whether by transfer
in trust or otherwise, of any motor vehicle or interest therein or of any
franchise related thereto; and any option, subscription or other contract
or solicitation, looking to a sale, or offer or attempt to sell in any form,
whether oral or written. A gift or delivery of any motor vehicle or franchise
with respect thereto with or as a bonus on account of the sale of anything
shall be deemed a sale of such motor vehicle or franchise.
(m) "Fraud", shall include, in addition to its normal legal connotation,
the following: a misrepresentation in any manner, whether intentionally
false or due to reckless disregard for truth or falsity, of a material fact;
a promise or representation
not made honestly and in good faith; and an intentional failure to disclose
a material fact.
(n) "Person", a natural person, corporation, partnership, trust or other
entity, and in case of an entity, it shall include any other entity in
which it has a majority interest or which it effectively controls as well
as the individual officers, directors and other persons in active control
of the activities of each such entity.
(o) "New motor vehicle", a motor vehicle which has not been previously
sold to any person except a distributor or wholesaler or motor vehicle dealer
(p) "Market Area", the franchisee's area of primary responsibility as
defined in its franchise.
(q) "Relevant Market Area", the area within a radius of 10 miles from
the principal location of a franchise or dealership if said principal location
is in a county having a population of more than 300,000 persons; if the
principal location of a franchise or dealership is in a county having a
population of less than 300,000 persons, then "relevant market area" shall
mean the area within a radius of 15 miles from the principal location of
said franchise or dealership.
(r) "Late model vehicle" means a vehicle of the current model year and
one, 2, or 3 preceding model years for which the motor vehicle dealer holds
an existing franchise from the manufacturer for that same line make.
(s) "Factory repurchase vehicle" means a motor vehicle of the current
model year or a late model vehicle reacquired by the manufacturer under an
existing agreement or otherwise from a fleet, lease or daily rental company
or under any State or federal law or program relating to allegedly
defective new motor vehicles, and offered for sale and resold by the
manufacturer directly or at a factory authorized or sponsored auction.
(t) "Board" means the Motor Vehicle Review Board
created under this Act.
(u) "Secretary of State" means the Secretary of State of Illinois.
(v) "Good cause" means facts establishing commercial reasonableness in
lawful or privileged competition and business practices as defined at common
(Source: P.A. 95-678, eff. 10-11-07; 96-11, eff. 5-22-09.)