Texas Occupations Code Title 14, Chapter 2352 - Boat Manufacturers, Distributors, And Dealers

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B DEALER AGREEMENTS

• Texas Section 2352.001 - Definitions
  In this chapter: (1) "Agreement" means a written agreement between a manufacturer or distributor and a dealer for the purchase and sale of new boats...
• Texas Section 2352.051 - Agreement Required
  A manufacturer or distributor contracting with a dealer may not sell or offer for sale, and a dealer may not purchase or offer to purchase,...
• Texas Section 2352.052 - Terms Of Agreement
  (a) An agreement under this chapter must include: (1) the dealer's territory and dealership locations; (2) the length of the agreement, which must be not...
• Texas Section 2352.0521 - Performance Standards
  (a) A manufacturer shall make reasonable efforts to provide a dealer with information regarding the dealer's compliance with performance standards. (b) Performance standards must be...
• Texas Section 2352.0522 - Dealer Territory
  (a) During the term of an agreement, a manufacturer may not appoint another authorized dealer for the sale of the manufacturer's boats in a dealer's...
• Texas Section 2352.0523 - Default
  (a) A default under an agreement under this chapter by a manufacturer, distributor, or dealer is: (1) a material failure to meet minimum product stocking...
• Texas Section 2352.0524 - Cure Of Default
  (a) Except as provided by Section 2352.053(d)(3), (8), or (9), a manufacturer or distributor must give a dealer written notice of a default under Section...

SUBCHAPTER C REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS

• Texas Section 2352.053 - Termination Or Nonrenewal Of Agreement; Notice
  (a) Except as provided by Subsection (d), a manufacturer or distributor may not terminate an agreement unless the dealer defaults under Section 2352.0523 and: (1)...
• Texas Section 2352.101 - Delivery Requirements
  (a) A manufacturer or distributor who publicly advertises a new boat, new boat motor, or part as available for immediate delivery shall deliver the boat,...
• Texas Section 2352.102 - Sale, Transfer, Or Passage Of Title
  A manufacturer or distributor may not unreasonably withhold approval of a sale, transfer, or passage of title of a dealer, agreement, management of the dealer,...
• Texas Section 2352.103 - Financing
  (a) A manufacturer or distributor may not require a dealer to finance through a particular financing source a new boat or new boat motor sold...
• Texas Section 2352.104 - Sale Of Parts And Accessories And Service After Termination Or Nonrenewal Of Agreement
  (a) After a manufacturer or distributor terminates or does not renew an agreement, the former dealer may continue to purchase parts and accessories to service...
• Texas Section 2352.105 - Compensation For Warranty Service
  (a) A manufacturer or distributor shall fairly compensate a dealer for the work and services the dealer performs and for expenses the dealer incurs to...
• Texas Section 2352.1051 - Delivery Of Parts
  On signing an agreement, a manufacturer shall provide the dealer with a written statement of the approximate amount of time the manufacturer takes to deliver...
• Texas Section 2352.106 - Refunds, Rebates, And Discounts
  A dealer may not pay or assume a part of a refund, rebate, discount, or other financial adjustment made by the manufacturer or distributor to...

SUBCHAPTER D ENFORCEMENT PROVISIONS

• Texas Section 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...
• Texas Section 2352.201 - Civil Liability
  A person who violates this chapter or an agreement regulated by this chapter is liable to an injured party for: (1) the actual damages caused...
• Texas Section 2352.202 - Venue For Dispute
  Venue for a dispute under an agreement is in the county of the dealer's principal place of business as stated in the agreement. Added by...
• Texas Section 2352.203 - Arbitration
  A dealer may not be required to submit to arbitration on an issue between the dealer and the manufacturer or distributor at a location that...
• Texas Section 2352.204 - Civil Penalty
  (a) A manufacturer or distributor who violates this chapter is liable to this state for a civil penalty. The amount of the penalty may not...

Last modified: September 28, 2016