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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
108
:
MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS FRANCHISING
§
4094. Refusal to honor succession to ownership; notice required
(a) If a
manufacturer or distributor believes that good cause exists for refusing to
honor the succession to the ownership of a new motor vehicle dealer by a family
member of a deceased or incapacitated owner of a new motor vehicle dealer under
the existing franchise agreement, the manufacturer or distributor may, not more
than 60 days following receipt of notice of the designated family member's
intent to succeed to the ownership of the new motor vehicle dealer, or any
personal or financial data which it has requested, serve upon the designated
family member notice of its refusal to honor the succession and of its intent
to discontinue the existing franchise with the dealer no sooner than 90 days
from the date the notice is served.
(b) The notice
must state the specific grounds for the refusal to honor the succession and of
its intent to discontinue the existing franchise with the new motor vehicle
dealer no sooner than 90 days from the date the notice is served.
(c) If notice of
refusal and discontinuance is not timely served upon the family member, the
franchise shall continue in effect subject to termination only as otherwise
permitted by this chapter.
(d) In the event
of a conflict between the written instrument filed by the motor vehicle dealer
with the manufacturer designating a certain person as his or her successor and
the provisions of this section, the written instrument filed with the
manufacturer shall govern. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April
14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)