§ 10-1-679 — Definitions; considerations in determining "good cause"

Georgia § 10-1-679

• Jurisdiction: Georgia
• Title: 10

Text

(a) As used in this article, the term: (1) "Community of interest" means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (2) "Franchise" means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a recreational vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (3) "Grantor" means a person who grants a recreational vehicle dealership. (4) "Person" means a natural person, partnership, joint venture, corporation, or other entity. (5) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are as follows: travel trailer, camping trailer, truck camper, motor home, park trailer, and fifth wheel travel trailer. (6) "Recreational vehicle dealer" or "dealer" means a person who is a grantee of a recreational vehicle dealership situated in Georgia. (7) "Recreational vehicle dealership" means an established place of business engaged in the marketing of new recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign, a working telephone with a telephone number listed in the local phone directory, and which derives at least 75 percent of its revenue from the sale of new recreational vehicles and recreational vehicle related products and services. (8) "Warrantor" means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. Such term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. (b) For purposes of this article when determining whether there is "good cause" for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealer's business in the relevant market area; (2) The nature and extent of the dealer's investment in its business; (3) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealer's service under recreational vehicle warranties; and (6) The dealer's performance under the terms of its franchise agreement.

Legislative History

Amended by 2008 Ga. Laws 383,§ 1, eff. 3/14/2008. Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.