§ 4-72-204 — Termination, cancellation, or failure to renew

(a) It shall be a violation of this subchapter for a franchisor to: (1) Terminate or cancel a franchise without good cause; or (2) Fail to renew a franchise except for good cause or except in accordance with the current policies, practices, and standards established by the franchisor which in their establishment, operation, or application are not arbitrary or capricious. (b) No franchisor shall directly or indirectly terminate, cancel, or fail to renew a franchise without first giving written notice to the franchisee at least ninety (90) days in advance of such action, setting forth the reasons for the termination, cancellation, or intention not to renew, and, in the case of terminations, shall provide the franchisee with thirty (30) days in which to rectify any claimed deficiency. (c) The notice provisions of this section shall not apply where the reason for termination or cancellation is good cause under § 4-72-202(5)(C) -(H). (d) If the reason for termination, cancellation, or failure to renew is for repeated deficiencies within a twelve-month period giving rise to good cause under § 4-72-202(5)(A) or (B) , the franchisee shall have ten (10) days to rectify the repeated deficiencies and thereby void the notice.

Legislative History

Acts 1977, No. 355, §§ 4, 5; A.S.A. 1947, §§ 70-810, 70-811.