Sec. 2352.107. REPURCHASE BY MANUFACTURER OR DISTRIBUTOR. (a) A manufacturer or distributor who terminates an agreement shall repurchase on demand from the dealer any of the following items, purchased by the dealer from the manufacturer or distributor, that are free and clear of a lien or encumbrance:
(1) a new, unsold, and complete boat, with accessories and packaged trailers sold with the boat, and any boat motor that:
(A) is in the dealer's inventory; and
(B) was purchased during the two years preceding the date of the termination; and
(2) any new, current, unsold, undamaged, and unused parts or accessories for boats or boat motors in the original resalable merchandising package.
(b) A demand for repurchase must be made in writing not later than the 90th day after the date the manufacturer or distributor terminates the agreement. The dealer must provide the manufacturer or distributor with a complete list of the items to be repurchased. The manufacturer or distributor shall complete the repurchase not later than the 30th day after the date the dealer demands the repurchase.
(c) The manufacturer or distributor shall:
(1) repurchase an item described by Subsection (a)(1) at the dealer's invoiced cost, less any allowance paid to the dealer;
(2) repurchase an item described by Subsection (a)(2) at the dealer's invoiced cost; and
(3) pay the cost incurred by the dealer to transport an item described by Subsection (a) to the manufacturer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1148 (H.B. 1960), Sec. 11, eff. September 1, 2011.
Last modified: September 28, 2016