(a)If a recreational vehicle dealer
terminates, cancels, or refuses to renew the recreational vehicle dealer
agreement for good cause, the recreational vehicle manufacturer, at the
election of the dealer, shall repurchase the inventory of the recreational
vehicle dealer not later than forty-five (45) days after the termination,
cancellation, or refusal to renew the recreational vehicle dealer
agreement as follows:
(1)All new, unused, except for demonstration purposes, and
untitled recreational vehicles that have not been altered or
damaged and that were acquired from the recreational vehicle
manufacturer or recreational vehicle distributor within eighteen
(18)months of the date of the notice of termination, cancellation,
or nonrenewal, at one hundred percent (100%) of the net invoice
co
Free access — add to your briefcase to read the full text and ask questions with AI
(a) If a recreational vehicle dealer
terminates, cancels, or refuses to renew the recreational vehicle dealer
agreement for good cause, the recreational vehicle manufacturer, at the
election of the dealer, shall repurchase the inventory of the recreational
vehicle dealer not later than forty-five (45) days after the termination,
cancellation, or refusal to renew the recreational vehicle dealer
agreement as follows:
(1) All new, unused, except for demonstration purposes, and
untitled recreational vehicles that have not been altered or
damaged and that were acquired from the recreational vehicle
manufacturer or recreational vehicle distributor within eighteen
(18) months of the date of the notice of termination, cancellation,
or nonrenewal, at one hundred percent (100%) of the net invoice
cost, including transportation, less applicable rebates, and
discounts to the dealer. If a repurchased vehicle is damaged, the
amount due to the recreational vehicle dealer shall be reduced by
the cost to repair the damaged vehicle. Damage prior to delivery
to the recreational vehicle dealer will not disqualify repurchase
under this subsection.
(2) One hundred five percent (105%) of the original net price paid
to the recreational vehicle manufacturer or recreational vehicle
distributor to compensate the recreational vehicle dealer for
handling, packing, and shipping costs for all undamaged
accessories and proprietary parts sold to the recreational vehicle
dealer not more than twelve (12) months before the termination,
cancellation, or refusal to renew the recreational vehicle dealer
agreement if accompanied by the original invoice.
(3) One hundred percent (100%) of the recreational vehicle
dealer's net cost plus freight, destination, delivery, distribution
charges, and sales tax for:
(A) properly functioning diagnostic equipment;
(B) special tools;
(C) signs; and
(D) any other equipment and machinery;
if purchased by the recreational vehicle dealer not more than five
(5) years before the termination, cancellation, or refusal to renew
the recreational vehicle dealer agreement upon the recreational
vehicle manufacturer's or recreational vehicle distributor's request
that can no longer be used in the normal course of the recreational
vehicle dealer's ongoing business.
(b) A recreational vehicle manufacturer or recreational vehicle
distributor shall pay in full for inventory repurchased under this section
before the recreational vehicle is surrendered by the recreational
vehicle dealer. Once the recreational vehicle dealer receives full
payment under subsection (a), the recreational vehicle dealer shall
immediately surrender the recreational vehicle to the recreational
vehicle manufacturer or recreational vehicle distributor.
(c) If the recreational vehicle dealer agreement is terminated,
canceled, or not renewed by the recreational vehicle manufacturer or
recreational vehicle distributor without good cause, in violation of
section 22 of this chapter, then the recreational vehicle manufacturer
or recreational vehicle distributor shall repurchase recreational vehicle
dealer inventory, equipment, and parts as provided in this section.
(d) A recreational vehicle dealer may sell the remaining inventory
that is not repurchased under subsection (a).
(e) A recreational vehicle dealer may:
(1) sell the remaining inventory of a particular line make or model
after the recreational vehicle dealer agreement is terminated,
canceled, or not renewed by the recreational vehicle manufacturer
or recreational vehicle distributor; or
(2) if recreational vehicles of a line make or model that is subject
to the terminated, canceled, or not renewed recreational vehicle
dealer agreement are not repurchased under subsection (a),
continue to sell the recreational vehicles in the recreational
vehicle dealer's inventory until the recreational vehicles are no
longer in the recreational vehicle dealer's inventory.