482.36355 - Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise.
482.36355 Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise. In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the Director shall consider, without limitation:
1. The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant marketing area. All transactions and all registrations must be taken into account within the area covered by the franchise.
2. The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.
3. Whether the proposed action would be injurious or beneficial to the public welfare.
4. Whether the dealer has adequate new facilities for sales and service, equipment, vehicle parts and qualified personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether the dealer has been and is rendering adequate services to the public.
5. Whether the dealer fails to fulfill warranty obligations of the manufacturer or distributor to be performed by the dealer.
6. The extent of the dealer’s failure, if any, to comply with the terms of the franchise.
7. Whether the dealer, the successor in interest of the dealer or the manufacturer or distributor has complied with the provisions of NRS 482.36396 to 482.36414, inclusive.
(Added to NRS by 1981, 699; A 1985, 1832; 1999, 2509)