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§47-565.3.
§47-565.3.
A. A franchised vehicle dealer proposing a sale, transfer, or
assignment of a franchise agreement or the business and assets of a
dealership or an interest in a dealership to another person,
hereinafter transferee, shall notify the manufacturer or distributor
whose vehicles the dealer is franchised to sell of the proposed action
of the dealer. The manufacturer or distributor may make written
request to the transferee to submit completed application forms and
related information generally utilized by a manufacturer to evaluate
such a proposal and a copy of all agreements related to the proposed
sale, transfer, or assignment.
B. The approval by the manufacturer or distributor of the sale,
transfer, or assignment shall not be unreasonably withheld. The burden
of proof shall be upon the manufacturer or distributor to show good
cause existed to withhold approval. The manufacturer or distributor
that has made such a determination shall send a letter by certified
mail to the dealer and the applicant of its refusal to approve the
proposal, which shall include a statement of the specific grounds for
refusal, within sixty (60) days after the later of:
1. Receipt by the manufacturer or distributor of the notice of the
proposed sale, transfer, or assignment; or
2. Receipt by the manufacturer or distributor of the information
requested from the transferee pursuant to subsection A of this section
if the manufacturer or distributor has requested such information
within fifteen (15) days of receipt of written notice of the proposed
sale, transfer, or assignment.
C. Failure of the manufacturer or distributor to send its notice of
refusal pursuant to subsection B of this section shall mean that the
application for the proposed sale, transfer, or assignment is
approved.
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