Section 407.1335

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 Aug 2002, see footnote   

  407.1335.  Succession in dealerships, conditions, restrictions and prohibitions. — It is unlawful for any manufacturer to fail to provide a dealer an opportunity to designate, in writing, a member of the dealer's family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer.  It shall be unlawful to prevent or refuse to honor the succession to a dealership by a member of the family of the deceased, retired or incapacitated dealer unless the manufacturer has provided to the dealer written notice of its objections.  Grounds for objection shall be lack of creditworthiness, conviction of a felony, lack of required licenses or business experience or other conditions which make such succession unreasonable under the circumstances, but the manufacturer shall bear the burden of showing the unreasonableness of such succession.  However, no member of the family may succeed to an RV dealership if the succession to the RV dealership involves, without the manufacturer's consent, a relocation of the business or an alteration of the terms and conditions of the written agreement.

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(L. 2001 H.B. 575)

Effective 8-01-02