Section 407.1326

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 Aug 2002, see footnote   

  407.1326.  Termination notice, requirements, contents. — 1.  Except as provided in this section, a manufacturer shall provide an RV dealer at least one hundred twenty days prior written notice of termination.  The notice shall state all the reasons for termination and shall further state that if, within thirty days following receipt of the manufacturer's notice, the RV dealer provides to the manufacturer a written notice of intent to cure all claimed deficiencies, the RV dealer will then have one hundred twenty days from the date of the manufacturer's notice to rectify such deficiencies.  If the deficiency is rectified within one hundred twenty days, the manufacturer's notice shall be void.  However, if the RV dealer fails to provide the notice of intent to cure deficiencies in the proscribed time period, the termination shall take effect thirty days after the RV dealer's receipt of the manufacturer's notice unless the dealer has new and untitled inventory on hand in which case, if requested by the dealer, it will take effect upon the sale of the remaining inventory but in no event later than one hundred twenty days from the manufacturer's notice of termination.

  2.  The one hundred twenty day-notice may be reduced to thirty days' notice if the grounds for termination are^* due to:

  (1)  Conviction of or pleas of nolo contendere to a felony of an RV dealer, or one of its owners;

  (2)  The business operations of the RV dealer have been abandoned or closed for ten consecutive business days unless the closing is due to an act of God, strike or labor difficulty, or other cause over which the dealer has no control;

  (3)  A material misrepresentation by the RV dealer; or

  (4)  The suspension, revocation, or refusal to renew the RV dealer's license.

  3.  The notice provisions of this section shall not apply if the reason for termination is insolvency, the occurrence of an assignment for the benefit of creditors or bankruptcy.

  4.  A dealer may terminate its dealer agreement at any time by giving written notice of such intention to the^** manufacturer at least thirty days prior to the effective date specified for termination.

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(L. 2001 H.B. 575)

Effective 8-01-02

*Word "is" appears in original rolls.

**Word "the" does not appear in original rolls.