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<section article="gtr" article_name="Transportation" number="15-1009" title_number="15" title_name="Vehicle Laws -- Licensing of Businesses and Occupations" subtitle_number="10" subtitle_name="Recreational Vehicle Dealer Agreements">
  <level label="a">
    <level label="1">
      <text>A manufacturer or distributor may terminate, cancel, or fail to renew a model, line–make, or dealer agreement with a dealer only for good cause.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>The manufacturer or distributor has the burden of showing good cause for the termination or cancellation of or failure to renew a model, line–make, or dealer agreement with a dealer.</text>
      </level>
      <level label="ii">
        <text>The determination of good cause shall be based on:</text>
        <level label="1">
          <text>The extent of the dealer’s penetration into the relevant market area for the relevant model or line–make;</text>
        </level>
        <level label="2">
          <text>The nature and extent of the dealer’s investment in the dealer’s business;</text>
        </level>
        <level label="3">
          <text>The adequacy of the dealer’s service facilities, equipment, parts, supplies, and personnel;</text>
        </level>
        <level label="4">
          <text>The effect of the proposed action on the community;</text>
        </level>
        <level label="5">
          <text>The extent and quality of the dealer’s service under recreational vehicle warranties;</text>
        </level>
        <level label="6">
          <text>Any failure of the dealer to follow agreed–on procedures and standards related to the overall operation of the dealership consistent with the law and the dealer agreement; and</text>
        </level>
        <level label="7">
          <text>The dealer’s performance under the terms of the dealer agreement.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>On renewal of a dealer agreement, a manufacturer or distributor may not require additional inventory stocking requirements or increased sales targets in excess of the market growth in the dealer’s area of sales.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as otherwise provided in this subsection, a manufacturer or distributor shall provide a dealer with written notice at least 120 days before the termination, cancellation, or nonrenewal of a model, line–make, or dealer agreement.</text>
    </level>
    <level label="2">
      <text>The notice shall state all reasons for the proposed termination, cancellation, or nonrenewal.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>Within 30 days following receipt of the notice, a dealer may provide written notice of intent to rectify all claimed deficiencies.</text>
      </level>
      <level label="ii">
        <text>If the deficiencies are rectified by the dealer within 120 days following the notice of intent to rectify, the manufacturer’s or distributor’s notice of termination is void.</text>
      </level>
      <level label="iii">
        <text>Subject to paragraph (5) of this subsection, if a dealer fails to provide timely written notice of intent to rectify or fails to rectify within 120 days after notice of intent to rectify, the termination, cancellation, or nonrenewal of the dealer agreement shall take effect.</text>
      </level>
    </level>
    <level label="4">
      <text>The 120–day notice period shall be reduced to 30 days if the termination, cancellation, or nonrenewal is due to:</text>
      <level label="i">
        <text>A dealer or one of the dealer’s owners being convicted of, or entering a plea of nolo contendere to, a felony;</text>
      </level>
      <level label="ii">
        <text>The abandonment or closing of the business operations of the dealer for 10 consecutive business days, unless the closing is due to a cause that is out of the dealer’s control;</text>
      </level>
      <level label="iii">
        <text>A significant misrepresentation by a dealer materially affecting the business relationship; or</text>
      </level>
      <level label="iv">
        <text>A suspension or revocation of a dealer’s license, or failure by a dealer to renew a dealer’s license.</text>
      </level>
    </level>
    <level label="5">
      <text>The notice provisions of this section do not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A dealer may terminate, cancel, or not renew a model, a line–make, or the dealer agreement with a manufacturer or distributor with or without good cause at any time by giving 30 days’ written notice to the manufacturer or distributor.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>If the termination, cancellation, or nonrenewal of the model, line–make, or dealer agreement is for good cause, the dealer has the burden of showing good cause.</text>
      </level>
      <level label="ii">
        <text>A determination of good cause may be based on:</text>
        <level label="1">
          <text>A manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony;</text>
        </level>
        <level label="2">
          <text>The business operations having been abandoned or closed for 10 consecutive days, unless the closing is due to a cause that is out of the control of the manufacturer or distributor;</text>
        </level>
        <level label="3">
          <text>A significant misrepresentation by the manufacturer or distributor that materially affects the business relationship;</text>
        </level>
        <level label="4">
          <text>A declaration by the manufacturer or distributor of insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy;</text>
        </level>
        <level label="5">
          <text>A manufacturer’s or distributor’s material violation of the dealer agreement that is not cured within 120 days after written notice by the dealer;</text>
        </level>
        <level label="6">
          <text>A manufacturer or distributor coercing or attempting to coerce a dealer;</text>
        </level>
        <level label="7">
          <text>A manufacturer or distributor violating an area of sales protection or allowing other dealers to violate an area of sales protection; or</text>
        </level>
        <level label="8">
          <text>A material violation of this section that is not cured within 30 days after written notice of the violation by the dealer.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="e">
    <text>If the dealer agreement is terminated, canceled, or not renewed by the dealer for good cause, within 45 days after the termination, cancellation, or nonrenewal, the manufacturer or distributor shall, at request of the dealer, repurchase:</text>
    <level label="1">
      <text>All new, unaltered, undamaged, and untitled recreational vehicles that were acquired from the manufacturer or distributor within 18 months before the termination, cancellation, or nonrenewal, at 100% of the invoice cost, including transportation costs, except that if any recreational vehicle is damaged, the amount due to the dealer shall be reduced by the cost to repair the damage;</text>
    </level>
    <level label="2">
      <text>All new, undamaged accessories and proprietary parts with the original invoice sold to the dealer for resale within 12 months before the termination, cancellation, or nonrenewal of the dealer agreement, at 105% of the dealer’s original price paid; and</text>
    </level>
    <level label="3">
      <text>Any properly functioning diagnostic equipment, specialty tools, current signage, or other equipment and machinery that was purchased within 5 years before the termination, cancellation, or nonrenewal and can no longer be used in the normal course of business, at 100% of the dealer’s original price paid, plus freight, destination, delivery, and any applicable tax.</text>
    </level>
  </level>
  <level label="f">
    <text>If the dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause, the manufacturer or distributor shall repurchase dealer inventory as provided in subsection (e) of this section.</text>
  </level>
  <level label="g">
    <text>A dealer is not prohibited from selling the remaining in–stock inventory of a particular model or line–make after a dealer agreement has been terminated, canceled, or not renewed by the manufacturer or distributor.</text>
  </level>
  <level label="h">
    <text>When taking on an additional line–make of a recreational vehicle, a dealer shall notify in writing any manufacturer or distributor with whom the dealer has a dealer agreement of a similar line–make at least 30 days before entering into a dealer agreement for the additional line–make.</text>
  </level>
</section>
