§ 9-32-13-29 — Manufacturer or distributor terminates, cancels, or fails to renew a franchise between the manufacturer or distributor and dealer; exceptions

Indiana § 9-32-13-29

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 13: Unfair Practices

Text

(a) This section applies when a manufacturer
or distributor terminates, cancels, or fails to renew a franchise between
the manufacturer or distributor and a dealer, unless the termination,
cancellation, or failure to renew is due to any of the following:
(1) The dealer files for bankruptcy or enters into receivership.
(2) The dealer's license is revoked under IC 9-32-11 or IC 9-32-16.
(3) The dealer has been convicted of or pled guilty to a felony.
(4) The dealer commits fraud.
(5) The dealer has abandoned business operations or otherwise
failed to conduct sales and service operations during regular
business hours for at least seven (7) consecutive days, unless the
abandonment or closure is due to an act of God or another act
over which the franchise has no control.
(b) Except as provided in subsection (c), upon termination,
cancellation, or nonrenewal, a manufacturer or distributor shall pay to
a dealer the following amounts:
(1) If the dealer is leasing the dealership facilities from a person
other than the manufacturer or distributor, the lesser of:
(A) the total lease payments remaining unpaid on the date of
termination, cancellation, or nonrenewal; or
(B) the total annual lease payments for one (1) year;
subject to damages mitigated by the dealer under the terms of the
lease.
(2) If the dealer owns the dealership facilities, an amount equal to
the reasonable rental value of the facilities for the one (1) year
period beginning on the date of termination, cancellation, or
nonrenewal, subject to damages mitigated by the dealer.
(c) A manufacturer or distributor may discharge the manufacturer's
or distributor's obligations under a lease with a dealer by negotiating
with the dealer a lease termination payment, a sublease, or a new lease.
(d) The manufacturer or distributor is entitled to possession of the
dealership facilities during the time period for which the manufacturer
or distributor makes any lease payments.
(e) It is an unfair practice for a manufacturer or a distributor to
violate this section.

Legislative History

As added by P.L.152-2013, SEC.5.