407.1323. Recreational vehicle manufacturers and dealers, written agreement required, when--sales of RVs, conditions.
Recreational vehicle manufacturers and dealers, written agreementrequired, when--sales of RVs, conditions.
407.1323. 1. All manufacturers and dealers doing business in thisstate must have a written agreement signed by both parties. This law shallsupercede any conflicting statutes in states where enacted.
2. The manufacturer shall designate in writing subject to annualreview the area of sales responsibility exclusively assigned to an RVdealer and shall not establish another RV dealer for the same line-make inthe same area during the duration of the agreement unless the manufacturercan show good cause for the addition of the new RV dealer includingreasonable evidence that the market will support the establishment of a newdealership.
3. Sales of RVs by manufacturers or distributors shall be inaccordance with published prices, charges and terms of sale in effect atany given time. The manufacturer will sell products on the same basis,with respect to all rebates, discounts and programs, to all competingdealers similarly situated.
4. No manufacturer, directly or through any officer, agent oremployee, may terminate an RV dealer agreement without good cause. Theburden of showing good cause is on the manufacturer. Prior to theexpiration of a dealer agreement, both parties shall enter intonegotiations for renewal of the dealer agreement in good faith, and neitherwill arbitrarily require a substantial change in competitive circumstances.When taking on a competing manufacturer's lines, a dealer must notifyexisting manufacturers in writing, at least thirty days prior to enteringinto such an agreement, to sell the same type of recreational vehicle.
(L. 2001 H.B. 575)Effective 8-01-02