Bill Text: GA HB1072 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor vehicle franchise practices; voluntary releases; provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2010-06-04 - Effective Date [HB1072 Detail]
Download: Georgia-2009-HB1072-Introduced.html
Bill Title: Motor vehicle franchise practices; voluntary releases; provisions
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2010-06-04 - Effective Date [HB1072 Detail]
Download: Georgia-2009-HB1072-Introduced.html
10 LC
34 2448
House
Bill 1072
By:
Representatives Stephens of the
164th,
Coan of the
101st,
Bearden of the
68th,
Shaw of the
176th,
Sheldon of the
105th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to motor vehicle franchise practices, so as to clarify
provisions relating to voluntary releases entered into by a dealer; to prohibit
a franchisor from assessing a surcharge against a dealer for warranty repairs;
to require a franchisor to pay a dealer terminated as a result of a bankruptcy
or industry reorganization the fair market value of the terminated franchise as
of the notice of termination or 12 months prior, whichever is greater; to
clarify franchisor termination assistance requirements with regard to repurchase
of new vehicles acquired by a dealer; to require a franchisor to reimburse a
dealer terminated as a result of a bankruptcy or industry reorganization for
upgrades or renovations to dealership facilities performed within two years of
bankruptcy or reorganization; to prohibit a franchisor from demanding exclusive
facilities, personnel, or showrooms if the imposition of such requirements is
unreasonable in light of economic conditions; to prohibit a franchisor from
conditioning a franchise agreement or renewal of a franchise agreement or
participation in franchisor programs and incentives on the relocation or
exclusivity of a dealership facility; to prohibit a franchisor from conditioning
franchise agreements or renewals of franchise agreements, addition of line
makes, approval of relocation, sale or transfer on dealer's or prospective
dealer's willingness to enter into a site control agreement; to clarify existing
law to prohibit a franchise from charging back dealers for transactions that
took place more than 12 months prior to an audit, investigation, or independent
inquiry of the franchisor; to prohibit a franchisor from charging back,
withholding payment, or denying vehicles to a dealer based on exportation by
customer unless franchisor can demonstrate that dealer had knowledge that
customer intended to export new vehicle; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
SECTION
1.
WHEREAS,
the General Assembly desires to reaffirm the legislative findings and
declarations set forth in Code Section 10-1-621 and to make changes to the
Georgia Motor Vehicle Franchise Practices Act in an effort to promote the
stability of franchised motor vehicle dealerships in this state, thereby
maintaining necessary reliable services to the consuming public, maintaining
full and fair competition among dealers in the public interest, and providing
continued employment to the citizens of this state,
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
2.
Article
22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating
to motor vehicle franchise practices, is amended in Code Section 10-1-623,
relating to actions for violations of the Georgia Motor Vehicle Franchise
Practices Act, by revising subsection (d) as follows:
"(d)
This Code section shall not prevent a dealer from voluntarily entering into a
valid release agreement
to resolve a
specific claim, dispute, or action between the franchisor and the
dealer."
SECTION
3.
Said
article is further amended by revising Code Section 10-1-627, relating to
waivers, as follows:
"10-1-627.
No
franchisor, nor any agent nor employee of a franchisor, shall use a written
instrument, agreement, or waiver to attempt to nullify any of the provisions of
this article and any such agreement, written instrument, or waiver shall be null
and void. This Code section shall not prevent a dealer from voluntarily
entering into a valid release agreement
to resolve a
specific claim, dispute, or action between the franchisor and the
dealer."
SECTION
4.
Said
article is further amended in Code Section 10-1-641, relating to warranty and
recall work obligations of franchisors, by revising subsection (b) and by adding
a new subsection as follows:
"(b)
Manufacturers and distributors shall include in written notices of factory
recalls to new motor vehicle owners and dealers the expected date by which
necessary parts and equipment will be available to dealers for the correction of
such defects. Manufacturers and distributors shall compensate any dealers in
this state for repairs
effected
affected
by all recalls."
"(d)
A manufacturer or distributor shall not otherwise recover its costs from dealers
within this state, including an increase in the wholesale price of a vehicle or
surcharge imposed on a dealer solely intended to recover the cost of reimbursing
the dealer for parts and labor pursuant to this Code section, provided that a
manufacturer or distributor shall not be prohibited from increasing prices for
vehicles or parts in the normal course of
business."
SECTION
5.
Said
article is further amended by revising Code Section 10-1-651, relating to
termination of a motor vehicle franchise, as follows:
"10-1-651.
(a)
Notwithstanding the terms, provisions, or conditions of any franchise and
notwithstanding the terms or provisions of any waiver, no franchisor shall
cancel, terminate, or fail to renew any franchise with a dealer unless the
franchisor:
(1)
Has satisfied the notice requirement of subsection (e) of this Code section;
and
(2)
Has good cause for cancellation, termination, or nonrenewal.
(b)
Notwithstanding the terms, provisions, or conditions of any franchise or the
terms or provisions of any waiver, good cause shall exist for the purposes of a
termination, cancellation, or nonrenewal when there is a failure by the dealer
to comply with a provision of the franchise which is both reasonable and of
material significance to the franchise relationship, provided the dealer has
been notified in writing of the failure within 180 days after the franchisor
first acquired knowledge of such failure or after the dealer is given a
reasonable opportunity to correct such failure for a period of not less than 180
days.
(c)
If the failure by the dealer, as defined in subsection (b) of this Code section,
relates to the performance of the dealer in sales or service, then good cause
shall be defined as the failure of the dealer to comply with reasonable
performance criteria
established
by the franchisor
in light of
the economic conditions during the period in which the franchisor alleges that
the dealer failed to meet performance
criteria if:
(1)
The dealer was notified by the franchisor in writing of such
failure;
(2)
Said notification stated that notice was provided of failure of performance
pursuant to this Code section; and
(3)
The dealer was afforded a reasonable opportunity, for a period of not less than
six months, to comply with such criteria.
(d)
The franchisor shall have the burden of proof under this Code
section.
(e)(1)
Notwithstanding franchise terms to the contrary, prior to the termination,
cancellation, or nonrenewal of any franchise, the franchisor shall furnish
notification, as provided in paragraph (2) of this subsection, of such
termination, cancellation, or nonrenewal to the dealer as follows:
(A)
Not less than 90 days prior to the effective date of such termination,
cancellation, or nonrenewal;
(B)
Not less than 15 days prior to the effective date of such termination,
cancellation, or nonrenewal with respect to any of the following:
(i)
Insolvency of the dealer, or filing of any petition by or against the dealer
under any bankruptcy or receivership law;
(ii)
Failure of the dealer to conduct its customary sales and service operations
during its customary business hours for seven consecutive business days, except
for acts of God or circumstances beyond the direct control of the
dealer;
(iii)
Conviction of the dealer, general manager, or managing executive or any owner
with a substantial interest therein of any crime which materially relates to the
operation of the dealership or any felony which is punishable by
imprisonment;
(iv)
Suspension for a period of more than 14 days or revocation of any license which
the dealer is required to have to operate a dealership; or
(v)
Fraud or intentional misrepresentation by the dealer which materially affects
the franchise, provided the franchisor gives notice within one year of the time
when the fraud or misrepresentation occurred or was discovered, whichever is
later; or
(C)
Not less than 180 days prior to the effective date of such termination or
cancellation where the franchisor is discontinuing the sale of the product
line.
(2)
Notification under this Code section shall be in writing and shall be by
certified mail or statutory overnight delivery or personally delivered to the
dealer and shall contain:
(A)
A statement of intention to terminate, cancel, or not to renew the
franchise;
(B)
A statement of the reasons for the termination, cancellation, or nonrenewal;
and
(C)
The date on which such termination, cancellation, or nonrenewal is to take
effect.
(f)(1)(A)
Upon the termination, cancellation, or nonrenewal of any franchise by the
franchisor, the franchisor shall repurchase from the dealer any new and
unused
undamaged
motor vehicles
of the
current model year and any new and unused motor
vehicles acquired by the dealer within
12
18
months of the date of termination, cancellation, or nonrenewal so long as such
motor vehicles have been acquired from the franchisor or from another dealer of
the franchisor prior to receipt of the notice of termination, cancellation, or
nonrenewal and so long as such motor vehicles have not been altered, damaged, or
materially changed while in the dealer's possession. Any new and unused motor
vehicle repurchased by the franchisor shall be repurchased at the net cost to
the dealer. For purposes of this subparagraph, a motor vehicle shall be
considered new and unused if it has less than 500 miles on the odometer and has
not been issued a certificate of title.
(B)
In addition to the motor vehicles repurchased under subparagraph (A) of this
paragraph, the franchisor shall repurchase
demonstration
motor vehicles of the current model year
and demonstration motor vehicles acquired
by the dealer within 12 months of the date of termination, cancellation, or
nonrenewal so long as such motor vehicles have been acquired from the franchisor
or from another dealer of the franchisor prior to receipt of the notice of
termination, cancellation, or nonrenewal and so long as such motor vehicles have
not been altered, damaged, or materially changed and so long as such motor
vehicles do not have more than 6,000 miles each on their odometers. Any such
demonstration motor vehicle shall be repurchased at the net cost to the dealer
less an allowance for use equal to the net cost to the dealer times the current
mileage divided by 100,000. The franchisor shall repurchase a number of
demonstration motor vehicles equal to 10 percent of the number of motor vehicles
repurchased under subparagraph (A) of this paragraph; however, in no event shall
the number of demonstration motor vehicles which the franchisor is required to
repurchase ever be less than two or more than 15 motor vehicles.
(C)
For purposes of this paragraph, a motor vehicle shall not be deemed to have been
altered, damaged, or materially changed if it has been provided with original
equipment or with nonoriginal equipment which does not alter, damage, or
materially change the motor vehicle, such as undercoating, pinstriping, interior
conditioning, or paint sealant.
(2)
Upon the termination, cancellation, or nonrenewal of any franchise by the
dealer, the franchisor shall repurchase from the dealer any new and
unused
undamaged
motor vehicles, except motorcycles as defined in paragraph (29) of Code Section
40-1-1 and except motor homes as defined in paragraph (31) of Code Section
40-1-1 and except school buses as defined in paragraph (55) of Code Section
40-1-1, of
the current model year
acquired by
the dealer within 12 months prior to the effective date of the
termination so long as such motor vehicles
have been acquired from the franchisor or from another dealer of the franchisor
of the same line-make and in the normal course of business and so long as such
motor vehicles have not been altered, damaged, or materially changed while in
the dealer's possession. Any new and unused motor vehicle repurchased by the
franchisor shall be repurchased at the net cost to the dealer. For purposes of
this paragraph, a motor vehicle shall be considered new and unused if it has
less than 500 miles on the odometer and has not been issued a certificate of
title. For purposes of this paragraph, a motor vehicle shall not be deemed to
have been altered, damaged, or materially changed if it has been provided with
original equipment or with nonoriginal equipment which does not alter, damage,
or materially change the motor vehicle, such as undercoating, pinstriping,
interior conditioning, or paint sealant.
(3)(A)
Upon the termination, cancellation, or nonrenewal of any franchise by the
franchisor or upon the termination, cancellation, or nonrenewal of any franchise
by the franchisee, the franchisor shall repurchase, at fair and reasonable
compensation, from the dealer the following:
(i)
Any unused, undamaged, and unsold parts which have been acquired from the
franchisor, provided such parts are currently offered for sale by the franchisor
in its current parts catalog and are in salable condition. Such parts shall be
repurchased by the franchisor at the current catalog price, less any applicable
discount;
(ii)
Any supplies, equipment, and furnishings, including manufacturer or line-make
signs, purchased from the franchisor or its approved source within three years
of the date of termination, cancellation, or nonrenewal; and
(iii)
Any special tools purchased from the franchisor within three years of the date
of termination, cancellation, or nonrenewal or any special tools or other
equipment which the franchisor required the dealer to purchase regardless of the
time purchased.
(B)
Except as provided in division (i) of subparagraph (A) of this paragraph, fair
and reasonable compensation shall be the net acquisition price if the item was
acquired in the 12 months preceding the effective date of the termination,
cancellation, or nonrenewal; 75 percent of the net acquisition price if the item
was acquired between 13 and 24 months preceding the effective date of the
termination, cancellation, or nonrenewal; 50 percent of the net acquisition
price if the item was acquired between 25 and 36 months preceding the effective
date of the termination, cancellation, or nonrenewal; 25 percent of the net
acquisition price if the item was acquired between 37 and 60 months preceding
the effective date of the termination, cancellation, or nonrenewal; or fair
market value if the item was acquired more than 60 months preceding the
effective date of the termination, cancellation, or nonrenewal.
(4)
The repurchase of any item under this subsection shall be accomplished within 60
days of the effective date of the termination, cancellation, or nonrenewal or
within 60 days of the receipt of the item by the franchisor, whichever is later
in time, provided the dealer has clear title to the inventory and other items or
is able to convey such title to the franchisor and does convey or transfer title
and possession of the inventory and other items to the franchisor.
(5)
In the event the franchisor does not pay the dealer the amounts due under this
subsection or subsection
(g)
(h)
of this Code section within the time period set forth in this subsection, the
franchisor shall, in addition to any amounts due, pay the dealer interest on
such amount. This interest shall not begin to accrue until the time for payment
has expired. The interest shall be computed monthly on any balance due and the
monthly interest rate shall be one-twelfth of the sum of the then current
Wall Street
Journal Prime Interest Rate and 1
percentage point.
(g)
If a termination or nonrenewal of a franchise is the result of a bankruptcy
filing or reorganization of a franchisor, a plan or policy to reduce the number
of dealers, whether publicly announced or not, or the sale or other change in
the business operation of the franchisor, the franchisor shall be required to
pay the fair market value of the franchise as of the date of the notice of
termination or nonrenewal or 12 months prior to the date of notice of
termination or nonrenewal, whichever is greater. Fair market value shall be the
goodwill value of the dealer's franchise in the dealer's community or territory.
In addition, if a termination or nonrenewal of a franchise is the result of a
bankruptcy filing or reorganization of a franchise, a plan or policy to reduce
the number of dealers, whether publicly announced or not, or the sale of other
change in the business operation of the franchisor, the franchisor shall also be
required to reimburse the dealer for the cost of facility upgrades and
renovations required by the franchisor within two years prior to termination or
nonrenewal. Termination assistance provided for in this subsection shall be in
addition to repurchase obligations otherwise set forth in this Code
section.
(g)(h)
Within 60 days of the termination, cancellation, or nonrenewal of any franchise
by the franchisor, the franchisor shall commence to reimburse the dealer for one
year of the dealer's reasonable cost to rent or lease the dealership's facility
or location or for the unexpired term of the lease or rental period, whichever
is less, or, if the dealer owns the facility or location, for the equivalent of
one year of the reasonable rental value of the facilities or location. If more
than one franchise is being terminated, canceled, or not renewed, the
reimbursement shall be prorated equally among the different franchisors.
However, if a franchise is terminated, canceled, or not renewed but the dealer
continues in business at the same location under a different franchise
agreement, the reimbursement required by this subsection shall not be required
to be paid. The provisions of this subsection shall not apply if the dealer is
convicted of any criminal offense which conviction is cause of the termination,
cancellation, or nonrenewal. In addition, any reimbursement due under this
subsection shall be reduced by any amount received by the dealer by virtue of
the dealer leasing, subleasing, or selling the facilities or location during the
year immediately following the termination, cancellation, or nonrenewal. If
reimbursement is made under this subsection, the franchisor is entitled to
possession and use of the facilities or location for the period covered by such
reimbursement.
(h)(i)
If, in an action for damages under this Code section, the franchisor fails to
prove that there was good cause for the franchise termination, cancellation, or
nonrenewal, then the franchisor may pay the dealer an amount equal to the value
of the dealership as an ongoing business, at which time the franchisor shall
receive any title to the dealership facilities which the dealer may have and the
franchisee shall surrender his franchise agreement to the franchisor. If the
dealer receives an amount equal to the value as an ongoing business, the dealer
shall have no other recovery from the franchisor absent a showing such as would
warrant punitive damages under Code Section 10-1-623.
(i)(j)
Without limitation as to factors which may constitute or indicate a lack of good
cause, no termination shall be considered to be for good cause:
(1)
If such termination relates to the death or disability of an owner and the
franchisor has not complied with Code Section 10-1-652; or
(2)
If such termination relates to a change in ownership or management and the
franchisor has not complied with Code Section 10-1-653.
(j)(k)
All procedures, protections, and remedies afforded to a motor vehicle dealer
under this Code section shall be available to a motor vehicle distributor whose
distributor agreement is terminated, canceled, not renewed, modified, or
replaced by a manufacturer or an importer."
SECTION
6.
Said
article is further amended by revising Code Section 10-1-661, relating to
delivery of motor vehicles and modification of dealership facilities, as
follows:
"10-1-661.
(a)
For purposes of this Code section, the term 'coerce' means to compel or attempt
to compel by threat of adverse consequences, including but not limited to the
franchisor's refusal to renew a franchise agreement or to allow a dealer to
participate in a program or benefit made available to other dealers in this
state.
(a)(b)
No franchisor shall require, attempt to require, coerce, or attempt to coerce
any dealer in this state:
(1)
To order or accept delivery of any new motor vehicle, part, or accessory
thereof, equipment, or any other commodity not required by law which shall not
have been voluntarily ordered by the dealer, except that this paragraph does not
affect any terms or provisions of a franchise requiring dealers to market a
representative line of those motor vehicles which the franchisor is publicly
advertising;
(2)
To order or accept delivery of any new motor vehicle with special features,
accessories, or equipment not included in the list price of such new motor
vehicle as publicly advertised by the franchisor;
(3)
To refrain from participation in the management of, investment in, or the
acquisition of any other line of new motor vehicle or related products.
However, this paragraph does not apply unless the dealer maintains a reasonable
line of credit for each make or line of new motor vehicle, the dealer remains in
compliance with any reasonable facilities requirements of the franchisor, the
dealer provides acceptable sales performance, and no change is made in the
principal management of the dealer;
(4)
To expand, construct, or significantly modify facilities without assurances that
the franchisor will provide a reasonable supply of new motor vehicles within a
reasonable time so as to justify such an expansion in light of the market and
economic conditions;
(5)
To sell, assign, or transfer any retail installment sales contract obtained by
such dealer in connection with the sale by such dealer in this state of new
motor vehicles to a specified finance company or class of such companies or to
any other specified persons;
(6)
To provide warranty or other services for the account of franchisor, except as
provided in Part 3 of this article, the 'Motor Vehicle Warranty Practices Act';
or
(7)
To acquire any line make of motor vehicle or to give up, sell, or transfer any
line make of motor vehicle which has been acquired in accordance with this
article once such dealer has notified the franchisor that it does not desire to
acquire, give up, sell, or transfer such line make or to retaliate or take any
adverse action against a dealer based on such
desire;
or
(8)
To construct, renovate, or maintain exclusive facilities, personnel, or showroom
area dedicated to a particular line make if the imposition of such a requirement
would be unreasonable in light of the existing circumstances, including present
economic and market conditions and forecasts for future economic and market
conditions in the dealer's retail territory. The franchisor shall have the
burden of proof to demonstrate that its demand for exclusivity is reasonable in
light of the dealer's
circumstances.
(b)
No action shall in any way be based on this Code section with respect to acts
occurring prior to July 1,
1983."
SECTION
7.
Said
article is further amended by revising Code Section 10-1-662, relating to
unlawful activities of motor vehicle franchisors, as follows:
"10-1-662.
(a)
It shall be unlawful for any franchisor:
(1)
To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle
parts or accessories in a reasonable time and in reasonable quantity if such
vehicles, parts, or accessories are publicly advertised as being available for
immediate delivery. This paragraph is not violated, however, if such failure is
caused by acts or causes beyond the control of the franchisor;
(2)
To obtain money, goods, services, or any other benefit from any other person
with whom the dealer does business, on account of, or in relation to, the
transaction between the dealer and such other person, other than as compensation
for services rendered, unless such benefit is promptly accounted for and
transmitted to the dealer;
(3)
To release to any outside party, except under subpoena or as otherwise required
by law or in an administrative, judicial, or arbitration proceeding involving
the franchisor or dealer, any business, financial, or personal information which
may be from time to time provided by the dealer to the franchisor, without the
express written consent of the dealer;
(4)
To resort to or to use any false or intentionally deceptive advertisement in the
conduct of business as a franchisor in this state;
(5)
To make any false or intentionally deceptive statement, either directly or
through any agent or employee, in order to induce any dealer to enter into any
agreement or franchise or to take any action which is prejudicial to that dealer
or that dealer's business;
(6)
To require any dealer to assent prospectively to a release, assignment,
novation, waiver, or estoppel which would relieve any person from liability to
be imposed by law or to require any controversy between a dealer and a
franchisor to be referred to any person other than the duly constituted courts
of the state or the United States if such referral would be binding upon the
dealer, provided that this Code section shall not prevent any dealer from
entering into a valid release agreement with the franchisor;
(7)
To fail to observe good faith in any aspect of dealings between the franchisor
and the dealer;
(8)
To deny any dealer the right of free association with any other dealer for any
lawful purposes;
(9)
To engage in any predatory practice or discrimination against any
dealer;
(10)
To propose or make any material change in any franchise agreement without giving
the dealer written notice by certified mail or statutory overnight delivery of
such change at least 60 days prior to the effective date of such
change;
(11)
To cancel a franchise or to take any adverse action against a dealer based in
whole or in part on the failure of the dealer to meet the
reasonable
performance
goals of
the manufacturer
criteria in
light of economic conditions when that
failure is due to the failure of the franchisor to supply, within a reasonable
period of time, new motor vehicles ordered by or allocated to the dealer
or when such
failure is due in part to unreasonable actions taken by the franchisor or its
affiliate;
(12)
To offer to sell or lease or to sell or lease any new motor vehicle or accessory
to any dealer at a lower actual price therefor than the actual price offered to
any other dealer for the same model vehicle similarly equipped or same accessory
or to use any device, including but not limited to an incentive, sales promotion
plan, or other similar program, which results in a lower actual price of a
vehicle or accessory being offered to one dealer and which is not offered to
other dealers of vehicles of the same line make or the same
accessory;
(13)
To conduct an audit, investigation, or inquiry of any dealer or dealership as to
any activity, transaction, conduct, or other occurrence which took place or as
to any promotion or special event which ends more than one year prior to such
audit, investigation, or inquiry or to base any decision adverse to the dealer
or dealership on any activity, transaction, conduct, or other occurrence which
took place or as to any promotion or special event which ends more than one year
prior to such decision or which took place any time prior to the period of time
covered by such audit, investigation, or inquiry or to apply the results of an
audit, investigation, or inquiry to any activity, transaction, conduct, or other
occurrence which took place any time prior to the time covered by such audit,
investigation, or inquiry;
(14)
To charge back to, deduct from, or reduce any account of a dealer or any amount
of money owed to a dealer by a franchisor any amount of money the franchisor
alleges is owed to such franchisor by such dealer as a result of an audit,
investigation, or inquiry of such dealer
or based upon
information obtained by the franchisor through other resources which relates to
any transaction that occurred more than 12 months prior to notice to the dealer
of the charge back or deduction, but
rather if a franchisor alleges that a dealer owes such franchisor any amount of
money as a result of an audit, investigation, or inquiry, such franchisor shall
send a notice to such dealer for such amount and the dealer shall have not less
than 30 days to contest such amount or remit payment;
(15)
To deny, delay payment for, restrict, or bill back a claim by a dealer for
payment or reimbursement for warranty service or parts, incentives, hold-backs,
special program money, or any other amount owed to such dealer unless such
denial, delay, restriction, or bill back is the direct result of a material
defect in the claim which affects the validity of the claim;
(16)
To engage in business as a dealer or to manage, control, or operate, or own any
interest in a dealership either directly or indirectly, if the primary business
of such dealer or dealership is to perform repair services on motor vehicles,
except motor homes, pursuant to a manufacturer's or franchisor's warranty;
or
(17)
To refuse to allow,
to
limit, or
to
restrict a dealer from
maintaining,
acquiring,
or adding a sales or service operation for another line make of motor vehicles
at the same or expanded facility at which the dealer currently operates a
dealership unless the franchisor can prove by a preponderance of the evidence
that such
maintenance,
acquisition,
or addition will substantially impair the dealer's ability to adequately sell or
service such franchisor's motor
vehicles;
(18)
To directly or indirectly condition a franchise agreement or renewal of a
franchise agreement, addition of a line make, approval of relocation, or
approval of a sale or transfer on the dealer's or prospective dealer's
willingness to enter into a site control agreement; or
(19)
To charge back, withhold payment, deny vehicle allocation, or take other adverse
action against a dealer when a new vehicle sold by the dealer has been exported
to a foreign country unless the franchisor can demonstrate that the dealer knew
that the customer intended to export or resell the new vehicle. There shall be
a rebuttable presumption that the dealer had no such knowledge if the vehicle is
titled or registered in any state in this
country.
(b)
No action shall in any way be based on this Code section with respect to acts
occurring prior to July 1, 1983."
SECTION
8.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.