Nebraska § 60-1433 Franchise; termination; discontinuance; evidence of good cause

Nebraska Statutes

§ 60-1433 — Franchise; termination; discontinuance; evidence of good cause

Nebraska § 60-1433

Ch. 60Motor Vehicles

This text of Nebraska § 60-1433 (Franchise; termination; discontinuance; evidence of good cause) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 60-1433 (2026).

Text

In determining whether good cause has been established for terminating or not continuing a franchise, the board shall take into consideration the existing circumstances, including, but not limited to:

(1)Amount of business transacted by the franchisee;

(2)Investment necessarily made and obligations incurred by the franchisee in the performance of his part of the franchise;

(3)Permanency of the investment;

(4)Whether it is injurious to the public welfare for the business of the franchisee to be disrupted;

(5)Whether the franchisee has adequate motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer service facilities, equipment, parts and qualified service personnel to reasonably provide consumer care for the motor vehicles, combination motor vehicles and trailers,

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In determining whether good cause has been established for terminating or not continuing a franchise, the board shall take into consideration the existing circumstances, including, but not limited to:
(1) Amount of business transacted by the franchisee;
(2) Investment necessarily made and obligations incurred by the franchisee in the performance of his part of the franchise;
(3) Permanency of the investment;
(4) Whether it is injurious to the public welfare for the business of the franchisee to be disrupted;
(5) Whether the franchisee has adequate motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer service facilities, equipment, parts and qualified service personnel to reasonably provide consumer care for the motor vehicles, combination motor vehicles and trailers, motorcycles, or trailers sold at retail by the franchisee and any other motor vehicle, combination motor vehicle and trailer, motorcycle, or trailer of the same line-make;
(6) Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for such warranty work performed by the franchisee;
(7) Except as provided in section 60-1429 , failure by the franchisee to substantially comply with those requirements of the franchise which are determined by the board to be reasonable and material; and
(8) Except as provided in section 60-1429 , bad faith by the franchisee in complying with those terms of the franchise which are determined by the board to be reasonable and material.

Legislative History

Source: Laws 1971, LB 768, § 33. Annotations: Auto dealer-franchisee, who was proven to not meet the criteria of this section, was terminated as franchisee. American Motors Sales Corp. v. Perkins, 198 Neb. 97, 251 N.W.2d 727 (1977). The nonexclusive factors of section call for a qualitative rather than a quantitative analysis. Chrysler Corp. v. Lee Janssen Motor Co., 9 Neb. App. 721, 619 N.W.2d 78 (2000).