{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-352.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-352.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-352.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-352.10.html"}],"law_id":83699,"edition_id":1,"section_id":83699,"structure_id":14413,"section_number":"59.1-352.10","catch_line":"Failure to repurchase; civil remedy","history":"2002, c. 898.","full_text":"A\n\nIf a supplier fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in § 59.1-352.5, the supplier shall be civilly liable for one hundred percent of the current net price of the inventory, any freight charges paid by the dealer, the dealer’s reasonable attorney’s fee and court costs, and interest on the current net price of the inventory computed at the legal rate of interest from the ninety-first day after termination of the agreement.B\n\nNotwithstanding any agreement to the contrary, and in addition to any other legal remedies available, any person who suffers monetary loss due to a violation of this chapter or because he refuses to accede to a proposal for an arrangement that, if consummated, is in violation of this chapter, may bring a civil action to enjoin further violations and to recover damages sustained by him together with the costs of the suit, including a reasonable attorney’s fee.C\n\nThe provisions of §§ 59.1-352.3 through 59.1-352.8 shall not be waivable in any contract or agreement, and any such attempted waiver shall be null and void.D\n\nA civil action commenced under the provisions of this chapter shall be brought within four years after the violation complained of is or reasonably should have been discovered, whichever occurs first.","order_by":null,"text":{"0":{"id":300012,"text":"If a supplier fails or refuses to repurchase any inventory covered under the provisions of this chapter within the time periods established in § 59.1-352.5, the supplier shall be civilly liable for one hundred percent of the current net price of the inventory, any freight charges paid by the dealer, the dealer’s reasonable attorney’s fee and court costs, and interest on the current net price of the inventory computed at the legal rate of interest from the ninety-first day after termination of the agreement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300013,"text":"Notwithstanding any agreement to the contrary, and in addition to any other legal remedies available, any person who suffers monetary loss due to a violation of this chapter or because he refuses to accede to a proposal for an arrangement that, if consummated, is in violation of this chapter, may bring a civil action to enjoin further violations and to recover damages sustained by him together with the costs of the suit, including a reasonable attorney’s fee.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300014,"text":"The provisions of §§ 59.1-352.3 through 59.1-352.8 shall not be waivable in any contract or agreement, and any such attempted waiver shall be null and void.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":300015,"text":"A civil action commenced under the provisions of this chapter shall be brought within four years after the violation complained of is or reasonably should have been discovered, whichever occurs first.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14413,"edition_id":1,"name":"Equipment Dealers Protection Act","identifier":"27.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:03","date_modified":"2026-06-26 03:48:03","permalink":{"id":260959,"object_type":"structure","relational_id":14413,"identifier":"27.1","token":"59.1\/27.1","url":"\/59.1\/27.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58633,"structure_id":14413,"section_number":"59.1-352.1","catch_line":"Definitions","url":"\/59.1-352.1\/","token":"59.1\/27.1\/59.1-352.1","metadata":false},{"id":83699,"structure_id":14413,"section_number":"59.1-352.10","catch_line":"Failure to repurchase; civil remedy","url":"\/59.1-352.10\/","token":"59.1\/27.1\/59.1-352.10","metadata":false},{"id":71127,"structure_id":14413,"section_number":"59.1-352.2","catch_line":"Usage of trade","url":"\/59.1-352.2\/","token":"59.1\/27.1\/59.1-352.2","metadata":false},{"id":86047,"structure_id":14413,"section_number":"59.1-352.3","catch_line":"Notice of termination of agreements","url":"\/59.1-352.3\/","token":"59.1\/27.1\/59.1-352.3","metadata":false},{"id":55756,"structure_id":14413,"section_number":"59.1-352.4","catch_line":"Supplier's duty to repurchase","url":"\/59.1-352.4\/","token":"59.1\/27.1\/59.1-352.4","metadata":false},{"id":86662,"structure_id":14413,"section_number":"59.1-352.5","catch_line":"Repurchase terms","url":"\/59.1-352.5\/","token":"59.1\/27.1\/59.1-352.5","metadata":false},{"id":80639,"structure_id":14413,"section_number":"59.1-352.6","catch_line":"Exceptions to repurchase requirement","url":"\/59.1-352.6\/","token":"59.1\/27.1\/59.1-352.6","metadata":false},{"id":78135,"structure_id":14413,"section_number":"59.1-352.7","catch_line":"Uniform commercial practice","url":"\/59.1-352.7\/","token":"59.1\/27.1\/59.1-352.7","metadata":false},{"id":57640,"structure_id":14413,"section_number":"59.1-352.8","catch_line":"Warranty obligations","url":"\/59.1-352.8\/","token":"59.1\/27.1\/59.1-352.8","metadata":false},{"id":74740,"structure_id":14413,"section_number":"59.1-352.9","catch_line":"Prohibited acts","url":"\/59.1-352.9\/","token":"59.1\/27.1\/59.1-352.9","metadata":false}],"previous_section":{"id":58633,"structure_id":14413,"section_number":"59.1-352.1","catch_line":"Definitions","url":"\/59.1-352.1\/","token":"59.1\/27.1\/59.1-352.1","metadata":false},"next_section":{"id":71127,"structure_id":14413,"section_number":"59.1-352.2","catch_line":"Usage of trade","url":"\/59.1-352.2\/","token":"59.1\/27.1\/59.1-352.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-352.10\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 898<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":86047,"section_number":"59.1-352.3","catch_line":"Notice of termination of agreements","order_by":null,"url":"\/59.1-352.3\/"},{"id":86662,"section_number":"59.1-352.5","catch_line":"Repurchase terms","order_by":null,"url":"\/59.1-352.5\/"},{"id":57640,"section_number":"59.1-352.8","catch_line":"Warranty obligations","order_by":null,"url":"\/59.1-352.8\/"}],"permalink":{"id":260965,"object_type":"law","relational_id":83699,"identifier":"59.1-352.10","token":"59.1\/27.1\/59.1-352.10","url":"\/59.1-352.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-352.10\/","token":"59.1\/27.1\/59.1-352.10","dublin_core":{"Title":"Failure to repurchase; civil remedy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-352.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a supplier<\/span> fails or refuses to repurchase any inventory<\/span> covered under the provisions of this chapter within the time periods established in § 59.1-352.5<\/a>, the supplier<\/span> shall be civilly liable for one hundred percent of the current net price<\/span> of the inventory<\/span>, any freight charges paid by the dealer<\/span>, the dealer<\/span>’s reasonable attorney’s fee and court<\/span> costs, and interest on the current net price<\/span> of the inventory<\/span> computed at the legal rate of interest from the ninety-first day after termination<\/span> of the agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any agreement<\/span> to the contrary, and in addition to any other legal remedies available, any person who suffers monetary loss due to a violation of this chapter or because he refuses to accede to a proposal for an arrangement that, if consummated, is in violation of this chapter, may bring a civil action<\/span> to enjoin further violations and to recover damages<\/span> sustained by him together with the costs of the suit, including a reasonable attorney’s fee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of §§ 59.1-352.3<\/a> through 59.1-352.8<\/a> shall not be waivable in any contract<\/span> or agreement<\/span>, and any such attempted waiver<\/span> shall be null and void. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A civil action<\/span> commenced under the provisions of this chapter shall be brought within four years after the violation complained of is or reasonably should have been discovered, whichever occurs first. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAILURE TO REPURCHASE; CIVIL REMEDY (\u00a7 59.1-352.10)\n\nA. If a supplier fails or refuses to repurchase any inventory covered under the\nprovisions of this chapter within the time periods established in §\n59.1-352.5, the supplier shall be civilly liable for one hundred percent of the\ncurrent net price of the inventory, any freight charges paid by the dealer, the\ndealer’s reasonable attorney’s fee and court costs, and interest on\nthe current net price of the inventory computed at the legal rate of interest\nfrom the ninety-first day after termination of the agreement.\n\nB. Notwithstanding any agreement to the contrary, and in addition to any other\nlegal remedies available, any person who suffers monetary loss due to a\nviolation of this chapter or because he refuses to accede to a proposal for an\narrangement that, if consummated, is in violation of this chapter, may bring a\ncivil action to enjoin further violations and to recover damages sustained by\nhim together with the costs of the suit, including a reasonable attorney’s\nfee.\n\nC. The provisions of §§ 59.1-352.3 through 59.1-352.8 shall not be\nwaivable in any contract or agreement, and any such attempted waiver shall be\nnull and void.\n\nD. A civil action commenced under the provisions of this chapter shall be\nbrought within four years after the violation complained of is or reasonably\nshould have been discovered, whichever occurs first.\n\nHISTORY: 2002, c. 898.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}