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Rs 32:1270.29 Requirements Upon Termination; Penalty; Indemnity; Recreational Vehicles

§1270.29. Requirements upon termination; penalty; indemnity; recreational vehicles

A.(1) In the event the licensee ceases to engage in the business of being a

recreational vehicle dealer, or ceases to sell a particular recreational vehicle, and after notice

to the manufacturer, converter, distributor, or representative by certified mail or commercial

delivery service with verification of receipt, within thirty days of the receipt of the notice by

the manufacturer, converter, distributor, or representative, the manufacturer, converter,

distributor, or representative shall repurchase:

(a) All new recreational vehicles of the current and last prior model year delivered

to the licensee and parts limited to those listed in the manufacturer's price book. The

recreational vehicles and parts shall be repurchased at the cost to the licensee which shall

include without limitation freight and advertising costs, less all allowances paid to the

recreational vehicle dealer.

(b) At fair market value, each undamaged sign owned by the recreational vehicle

dealer which bears a trademark or trade name used or claimed by the manufacturer,

distributor, or representative if the sign was purchased from or purchased at the request of

the manufacturer, distributor, or representative. Fair market value shall be no less than cost

of acquisition of the sign by the recreational vehicle dealer.

(c) At fair market value, all special tools and service equipment owned by the

recreational vehicle dealer, which were recommended in writing and designated as special

tools and equipment and purchased from or purchased at the request of the manufacturer,

converter, distributor, or representative, if the tools and equipment are in usable and good

condition except for reasonable wear and tear. Fair market value shall be no less than the

cost of acquisition of special tools and automotive service equipment by the recreational

vehicle dealer.

(2) The manufacturer, converter, distributor, or representative shall pay to the

recreational vehicle dealer the costs of transporting, handling, packing, and loading of

recreational vehicles, or parts, signs, tools, and equipment subject to repurchase.

(3) The manufacturer or converter shall make the required repurchase after the

recreational vehicle dealer terminates his franchise and within sixty days of the submission

to it, by certified mail, return receipt requested, or commercial delivery service with

verification of receipt, of a final inventory of recreational vehicles and parts on hand.

B. Failure to make the repurchase without just cause shall subject the manufacturer

or converter to a penalty of one and one-half percent per month, or fraction thereof, of the

inventory value or returnable recreational vehicles, and parts, signs, special tools, and service

equipment, payable to the dealer, as long as the repurchase is not made.

C.(1) Upon the involuntary termination, nonrenewal, or cancellation of any franchise

by the manufacturer or converter, except for termination, nonrenewal, or cancellation

resulting from a felony conviction, notwithstanding the terms of any franchise, whether

entered into before or after the enactment of this Chapter or any of its provisions, the new

recreational vehicle dealer shall be allowed fair and reasonable compensation by the

manufacturer or converter as agreed by the parties, or lacking agreement, as determined by

the commission, for the dealership facilities if the facilities were required to be purchased

or constructed as a precondition to obtaining the franchise or to its renewal; provided that if

such facilities were leased and the lease was required as a precondition to obtaining the

franchise or to its renewal, then the manufacturer shall be liable for one year's payment of the

rent or the remainder of the term of the lease, whichever is less.

(2) Payment under this Section shall entitle the manufacturers, converters, or

distributors to possession and use of the facility.

(3) As used in this Section, "manufacturer" shall include a manufacturer, a converter,

a distributor, a factory branch, distributor branch, or other subsidiary thereof.

(4) The obligation of the manufacturer or converter to purchase a dealership facility,

pursuant to this Section, is equally applicable if an entity or person affiliated with the dealer

is the owner or lessor of the facility.

Acts 2012, No. 326, §1; Acts 2015, No. 435, §1.

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Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
vehicle
recreational
dealer
manufacturer
purchase
vehicles
cost
equipment
fair
service