§ 339-C:16 — Operation of Franchise After Dealer's Death

I. Unless the supplier agrees otherwise in writing, a franchise shall not be operated after the death of a dealer by anyone other than the supplier for its own account until all parts of the franchise have been expressly assumed as provided in this subdivision.
II. Assumption of a franchise includes, but is not limited to:
(a) Lease or leases;
(b) Products agreements;
(c) Loaned equipment agreements;
(d) Federal and state environmental law compliance agreements; and
(e) Required licenses or tax permits.
III. A supplier may operate a franchise by contract or otherwise for its own account after the death of a dealer and before the operation of the franchise by the dealer's successor. Under these circumstances, the supplier shall have no obligation to the heirs or estate of the dealer or to the successor, except that the supplier must account to the heirs or the estate of the dealer for:
(a) The unused portion of any prepaid rent;
(b) Unused sums prepaid by the dealer for any reason; and
(c) Any physical inventory salvaged from the franchise and used or sold by the supplier.

Legislative History

1983, 456:2, eff. Oct. 1, 1983.