[Previous] [Next]

§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.
   

[Previous] [Next]