407.1335. Succession in dealerships, conditions, restrictions and prohibitions.
Succession in dealerships, conditions, restrictions and prohibitions.
407.1335. It is unlawful for any manufacturer to fail to provide adealer an opportunity to designate, in writing, a member of the dealer'sfamily as a successor to the dealership in the event of the death,incapacity, or retirement of the dealer. It shall be unlawful to preventor refuse to honor the succession to a dealership by a member of the familyof the deceased, retired or incapacitated dealer unless the manufacturerhas provided to the dealer written notice of its objections. Grounds forobjection shall be lack of creditworthiness, conviction of a felony, lackof required licenses or business experience or other conditions which makesuch succession unreasonable under the circumstances, but the manufacturershall bear the burden of showing the unreasonableness of such succession.However, no member of the family may succeed to an RV dealership if thesuccession to the RV dealership involves, without the manufacturer'sconsent, a relocation of the business or an alteration of the terms andconditions of the written agreement.
(L. 2001 H.B. 575)Effective 8-01-02