407.1362. Dealership agreements, good cause needed to terminate or cancel.
Dealership agreements, good cause needed to terminate or cancel.
407.1362. No boat, marine, vessel, or personal watercraftmanufacturer, directly or through any officer, agent or employee, mayterminate, cancel or fail to renew a dealership agreement of a boat,marine, or vessel dealership without good cause. In addition, good causeshall exist whenever:
(1) The boat, marine, vessel, or personal watercraft dealer hastransferred an interest in the dealership without the manufacturer'swritten consent;
(2) The boat, marine, vessel, or personal watercraft dealer has fileda voluntary petition in bankruptcy or has had an involuntary petition inbankruptcy filed against it which has not been discharged within thirtydays after the filing;
(3) There has been a closeout or sale of a substantial part of thedealer's assets related to the boat, marine, vessel, or personal watercraftdealership or there has been a commencement or dissolution or liquidationof the dealership;
(4) There has been a change without the prior written approval of themanufacturer in the location of the dealer's principal place of businessunder the dealership agreement;
(5) The boat, marine, vessel, or personal watercraft dealer hasdefaulted under any chattel mortgage or other security agreement betweenthe dealer and the boat, marine, vessel, or personal watercraftmanufacturer or there has been a revocation or discontinuance of anyguarantee of the dealer's present or future obligations to the boat,marine, or vessel;
(6) The boat, marine, vessel, or personal watercraft dealer hasfailed to operate in the normal course of business for thirty consecutivedays or has otherwise abandoned his or her business, unless otherwiseprovided for in the dealer agreement;
(7) The boat, marine, vessel, or personal watercraft dealer haspleaded guilty to or has been convicted of a felony, or of any misdemeanorrelating to the relationship between the dealer and manufacturer;
(8) The dealer has engaged in conduct which is injurious ordetrimental to the dealer's customers or to the public welfare.
(L. 2004 H.B. 1288)