{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-358.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-358.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-358.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-358.html"}],"law_id":59059,"edition_id":1,"section_id":59059,"structure_id":15001,"section_number":"59.1-358","catch_line":"Remedies","history":"1988, c. 73.","full_text":"A\n\nJurisdiction to hear and determine cases and controversies arising under provisions of this chapter shall be in the circuit court of the city or county wherein the dealer has its principal place of business in Virginia. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, declaratory judgment and injunctive relief.B\n\nIn addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, termination or refused to continue or renew an agreement without good cause or withheld or delayed consent in violation of &#xA7; 59.1-354 or &#xA7; 59.1-356, then the dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the cost of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the good will of the dealer&#8217;s business, if any, arising therefrom.C\n\nNothing contained herein shall bar the right of an agreement to provide for binding arbitration of disputes. Any such arbitration shall be consistent with the provisions of this chapter and Chapter 21 (&#xA7; 8.01-577 et seq.) of Title 8.01, and the place of any such arbitration shall be in the city or county in which the dealer maintains his principal place of business in Virginia.D\n\nNo supplier may cancel, terminate or refuse to continue to renew an agreement during the 120-day period set forth in &#xA7; 59.1-355 or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection D of &#xA7; 59.1-355.","order_by":null,"text":{"0":{"id":216595,"text":"Jurisdiction to hear and determine cases and controversies arising under provisions of this chapter shall be in the circuit court of the city or county wherein the dealer has its principal place of business in Virginia. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, declaratory judgment and injunctive relief.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216596,"text":"In addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, termination or refused to continue or renew an agreement without good cause or withheld or delayed consent in violation of &#xA7; 59.1-354 or &#xA7; 59.1-356, then the dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the cost of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the good will of the dealer&#8217;s business, if any, arising therefrom.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":216597,"text":"Nothing contained herein shall bar the right of an agreement to provide for binding arbitration of disputes. Any such arbitration shall be consistent with the provisions of this chapter and Chapter 21 (&#xA7; 8.01-577 et seq.) of Title 8.01, and the place of any such arbitration shall be in the city or county in which the dealer maintains his principal place of business in Virginia.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":216598,"text":"No supplier may cancel, terminate or refuse to continue to renew an agreement during the 120-day period set forth in &#xA7; 59.1-355 or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection D of &#xA7; 59.1-355.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15001,"edition_id":1,"name":"Heavy Equipment Dealer Act","identifier":"28","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:51:25","date_modified":"2026-06-26 03:51:25","permalink":{"id":261001,"object_type":"structure","relational_id":15001,"identifier":"28","token":"59.1\/28","url":"\/59.1\/28\/","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":57216,"structure_id":15001,"section_number":"59.1-353","catch_line":"Chapter title; definitions","url":"\/59.1-353\/","token":"59.1\/28\/59.1-353","metadata":false},{"id":76110,"structure_id":15001,"section_number":"59.1-354","catch_line":"Cancellation","url":"\/59.1-354\/","token":"59.1\/28\/59.1-354","metadata":false},{"id":60399,"structure_id":15001,"section_number":"59.1-355","catch_line":"Notice of intent to terminate","url":"\/59.1-355\/","token":"59.1\/28\/59.1-355","metadata":false},{"id":82861,"structure_id":15001,"section_number":"59.1-356","catch_line":"Transfer of business","url":"\/59.1-356\/","token":"59.1\/28\/59.1-356","metadata":false},{"id":60800,"structure_id":15001,"section_number":"59.1-357","catch_line":"Notices","url":"\/59.1-357\/","token":"59.1\/28\/59.1-357","metadata":false},{"id":59059,"structure_id":15001,"section_number":"59.1-358","catch_line":"Remedies","url":"\/59.1-358\/","token":"59.1\/28\/59.1-358","metadata":false},{"id":70127,"structure_id":15001,"section_number":"59.1-359","catch_line":"Management","url":"\/59.1-359\/","token":"59.1\/28\/59.1-359","metadata":false},{"id":79189,"structure_id":15001,"section_number":"59.1-360","catch_line":"Waiver of chapter void","url":"\/59.1-360\/","token":"59.1\/28\/59.1-360","metadata":false},{"id":59455,"structure_id":15001,"section_number":"59.1-361","catch_line":"Applicability","url":"\/59.1-361\/","token":"59.1\/28\/59.1-361","metadata":false},{"id":63941,"structure_id":15001,"section_number":"59.1-362","catch_line":"Reasonableness and good faith","url":"\/59.1-362\/","token":"59.1\/28\/59.1-362","metadata":false},{"id":87117,"structure_id":15001,"section_number":"59.1-363","catch_line":"Exclusions","url":"\/59.1-363\/","token":"59.1\/28\/59.1-363","metadata":false}],"previous_section":{"id":60800,"structure_id":15001,"section_number":"59.1-357","catch_line":"Notices","url":"\/59.1-357\/","token":"59.1\/28\/59.1-357","metadata":false},"next_section":{"id":70127,"structure_id":15001,"section_number":"59.1-359","catch_line":"Management","url":"\/59.1-359\/","token":"59.1\/28\/59.1-359","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-358\/","history_text":"<p>This law was first created in 1988. The record of its establishment is cataloged in chapter 73 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. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":76110,"section_number":"59.1-354","catch_line":"Cancellation","order_by":null,"url":"\/59.1-354\/"},{"id":60399,"section_number":"59.1-355","catch_line":"Notice of intent to terminate","order_by":null,"url":"\/59.1-355\/"},{"id":82861,"section_number":"59.1-356","catch_line":"Transfer of business","order_by":null,"url":"\/59.1-356\/"},{"id":80815,"section_number":"8.01-577","catch_line":"Submission of controversy; agreement to arbitrate; condition precedent to action","order_by":null,"url":"\/8.01-577\/"}],"permalink":{"id":261023,"object_type":"law","relational_id":59059,"identifier":"59.1-358","token":"59.1\/28\/59.1-358","url":"\/59.1-358\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-358\/","token":"59.1\/28\/59.1-358","dublin_core":{"Title":"Remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-358","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> <span class=\"dictionary\">Jurisdiction<\/span> to hear and determine cases and controversies arising under provisions of this chapter shall be in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the city or county wherein the <span class=\"dictionary\">dealer<\/span> has its principal place of business in Virginia. The <span class=\"dictionary\">court<\/span> may grant <span class=\"dictionary\">equitable<\/span> relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, <span class=\"dictionary\">declaratory judgment<\/span> and injunctive relief. <a id=\"paragraph-216595\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-358\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In addition to any other remedies available at <span class=\"dictionary\">law<\/span> or in <span class=\"dictionary\">equity<\/span>, if a <span class=\"dictionary\">supplier<\/span> has attempted or accomplished an <span class=\"dictionary\">annulment<\/span>, cancellation, termination or refused to continue or renew an <span class=\"dictionary\">agreement<\/span> without good cause or withheld or delayed consent in violation of &#xA7; <a class=\"law\" title=\"Cancellation\" href=\"\/59.1-354\/\">59.1-354<\/a> or &#xA7; <a class=\"law\" title=\"Transfer of business\" href=\"\/59.1-356\/\">59.1-356<\/a>, then the <span class=\"dictionary\">dealer<\/span> shall be entitled to recover losses and <span class=\"dictionary\">damages<\/span>, both general and special, proximately resulting therefrom, together with the cost of the action and reasonable legal fees. Such <span class=\"dictionary\">damages<\/span> shall include compensation for the value of the <span class=\"dictionary\">agreement<\/span> and the good will of the <span class=\"dictionary\">dealer<\/span>&#8217;s business, if any, arising therefrom. <a id=\"paragraph-216596\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-358\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing contained herein shall bar the right of an <span class=\"dictionary\">agreement<\/span> to provide for binding arbitration of disputes. Any such arbitration shall be consistent with the provisions of this chapter and Chapter 21 (&#xA7; <a class=\"law\" title=\"Submission of controversy; agreement to arbitrate; condition precedent to action\" href=\"\/8.01-577\/\">8.01-577<\/a> et seq.) of Title 8.01, and the place of any such arbitration shall be in the city or county in which the <span class=\"dictionary\">dealer<\/span> maintains his principal place of business in Virginia. <a id=\"paragraph-216597\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-358\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No <span class=\"dictionary\">supplier<\/span> may cancel, terminate or refuse to continue to renew an <span class=\"dictionary\">agreement<\/span> during the 120-day period set forth in &#xA7; <a class=\"law\" title=\"Notice of intent to terminate\" href=\"\/59.1-355\/\">59.1-355<\/a> or during the pendency of <span class=\"dictionary\">litigation<\/span> or arbitration with respect thereto except under the conditions set forth in subsection D of &#xA7; <a class=\"law\" title=\"Notice of intent to terminate\" href=\"\/59.1-355\/\">59.1-355<\/a>. <a id=\"paragraph-216598\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/59.1-358\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREMEDIES (\u00a7 59.1-358)\n\nA. Jurisdiction to hear and determine cases and controversies arising under\nprovisions of this chapter shall be in the circuit court of the city or county\nwherein the dealer has its principal place of business in Virginia. The court\nmay grant equitable relief as is necessary to remedy the effects of conduct\nwhich it finds to exist and which is prohibited under this chapter, including,\nbut not limited to, declaratory judgment and injunctive relief.\n\nB. In addition to any other remedies available at law or in equity, if a\nsupplier has attempted or accomplished an annulment, cancellation, termination\nor refused to continue or renew an agreement without good cause or withheld or\ndelayed consent in violation of &#xA7; 59.1-354 or &#xA7; 59.1-356, then the\ndealer shall be entitled to recover losses and damages, both general and\nspecial, proximately resulting therefrom, together with the cost of the action\nand reasonable legal fees. Such damages shall include compensation for the value\nof the agreement and the good will of the dealer&#8217;s business, if any,\narising therefrom.\n\nC. Nothing contained herein shall bar the right of an agreement to provide for\nbinding arbitration of disputes. Any such arbitration shall be consistent with\nthe provisions of this chapter and Chapter 21 (&#xA7; 8.01-577 et seq.) of Title\n8.01, and the place of any such arbitration shall be in the city or county in\nwhich the dealer maintains his principal place of business in Virginia.\n\nD. No supplier may cancel, terminate or refuse to continue to renew an agreement\nduring the 120-day period set forth in &#xA7; 59.1-355 or during the pendency of\nlitigation or arbitration with respect thereto except under the conditions set\nforth in subsection D of &#xA7; 59.1-355.\n\nHISTORY: 1988, c. 73.","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}}