§ 10-1-679-5 — Notice required for termination of or substantial change to dealership agreements

(a) Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 days' prior written notice of termination, cancellation, nonrenewal, or substantial change in competitive circumstances and shall provide that the recreational vehicle dealer has 120 days in which to rectify any claimed deficiency. The notice shall state all the reasons for termination, cancellation, or nonrenewal and shall further state that if, within 30 days following the receipt of the grantor's notice, the recreational vehicle dealer provides to the grantor a written notice to cure all claimed deficiencies, the recreational vehicle dealer shall then have 120 days from the date of the notice to rectify such deficiencies. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of this Code section shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy. (b) The 120 days' notice shall be reduced to 30 days' notice if the grounds for termination, cancellation, or nonrenewal is due to: (1) Conviction or pleas of nolo contendere to a felony of a recreational vehicle dealer or one of its principal owners; (2) The business operation of the recreational vehicle dealer has been abandoned or closed for ten consecutive days, unless the closing is due to an act of God, strike, or labor difficulty or other cause over which the dealer has no control; (3) The suspension, revocation, or refusal to renew the recreational vehicle dealer's license; or (4) A significant misrepresentation by the recreational vehicle dealer.

Legislative History

Amended by 2006 Ga. Laws 453,§ 10, eff. 4/14/2006. Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.