(1) Notwithstanding the terms of any franchise or other agreement, it shall be unlawful for any manufacturer, distributor or importer to cancel, terminate or refuse to continue any franchise without showing good cause, provided the dealer protests such termination by filing a complaint in court of competent jurisdiction within the time period specified in subsection (3) of this section.
(2) In determining if good cause exists pursuant to subsection (1) of this section, the court shall consider such factors as:
(a) The amount of business transacted by the dealer as compared to the amount of business available to the dealer.
(b) The investment necessarily made and obligations necessarily incurred by the franchisee in performance of the franchise.
(c) The permanency of the investment.
(d) The adequacy of the franchisee’s new motor vehicle sales and service facilities, equipment and parts.
(e) The qualifications of the management, sales and service personnel to provide the consumer with reasonably good service and care of new motor vehicles.
(f) The failure of the franchisee to substantially comply in good faith with those requirements of the franchise that are reasonable.
(3) Notwithstanding the terms of any franchise or other agreement, a franchisor shall give a franchisee 60 days’ written notice stating the specific reasons for cancellation, termination or noncontinuance of a franchise, provided that a franchisor need only give 30 days’ written notice concerning the following reasons:
(a) Misrepresentation by the franchisee in applying for the franchise.
(b) Insolvency of the franchisee, or filing of any petition by or against the franchisee, under any bankruptcy or receivership law.
(c) Conviction of a felony, provided that conviction after a plea nolo contendere shall be considered a conviction for purposes of this subsection.
(d) Failure of the dealer to maintain its operation open for business for seven consecutive business days or for eight business days out of any 15-business-day period. [1980 c.3 §3]
Section: Previous 650.075 650.080 650.085 650.095 650.100 650.120 650.130 650.140 650.145 650.150 650.153 650.155 650.158 650.160 650.162 NextLast modified: August 7, 2008