Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 5C of chapter 93B of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by adding the following paragraph:-

A manufacturer or other person entitled to indemnification under this section may bring an action in superior court by way of original complaint, counter-claim or third-party action. If the court finds for the manufacturer, or for such other person recovery shall be in the amount of actual damages, plus reasonable attorneys' fees and costs; provided, however, that the franchisee or dealer against whom any such claim is asserted under this section may tender with his answer in any such action a written offer of settlement for actual damages, not including any attorneys' fees or costs incurred by the manufacturer or such other person in asserting its claim against a dealer or franchisee under this section. If such tender of settlement is rejected by the manufacturer or such other person, and if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by said manufacturer or such other person, the court award shall not exceed the amount tendered.

SECTION 2. Section 12A of said chapter 93B, as so appearing, is hereby further amended by adding the following paragraph:-

If the court finds for the franchisee or motor vehicle dealer in any action commenced hereunder, that there has been a violation of sections three to eleven, inclusive, or of any rule or regulation issued under paragraph (c) of section three, such franchisee or motor vehicle dealer shall, in addition to any other relief provided for by this section and irrespective of the amount, if any, in controversy, be awarded reasonable attorneys' fees and costs; provided, however, that the person against whom any such claim is asserted under this section may tender with his answer in any such action a written offer of settlement for actual damages, not including any attorneys' fees or costs incurred by the dealer or franchisee in asserting its claim under this section. If such tender of settlement is rejected by the franchisee or motor vehicle dealer, and if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by said franchisee or motor vehicle dealer, the court award shall not exceed the amount tendered.