§ 31-5.1-4.1. Dealership — Survivorship.
(a)(1) Right of designated family member to succeed in dealership ownership. Any owner of a new motor vehicle dealership may appoint by will or any other written
instrument a designated family member to succeed in the ownership interest of that
owner in the new motor vehicle dealership.
(2) Unless there exists good cause for refusal to honor that succession on the part of
the manufacturer or distributor, any designated family member of a deceased or incapacitated
owner of a new motor vehicle dealer may succeed to the ownership of the new motor
vehicle dealer under the existing franchise provided that:
(i) The designated family member gives the manufacturer or distributor written notice
of his or her intention to succeed to the ownership of the new motor vehicle dealer
within one hundred twenty (120) days of the owner's death or incapacity;
(ii) The designated family member agrees to be bound by all the terms and conditions of
the franchise; and
(iii) The designated family member shall not operate the dealership unless he or she meets
the then-current criteria generally applied by the manufacturer or distributor in
qualifying dealer-operators.
(3) The manufacturer or distributor may request, and the designated family member shall
provide, promptly upon the request, personal and financial data that is reasonably
necessary to determine whether the succession should be honored.
(b) Refusal to honor succession to ownership — Notice required.
(1) If a manufacturer or distributor believes that good cause exists for refusing to honor
the succession to the ownership of a new motor vehicle dealer by a family member of
a deceased or incapacitated owner of a new motor vehicle dealer under the existing
franchise agreement, the manufacturer or distributor may, not more than sixty (60)
days following receipt of:
(i) Notice of the designated family member's intent to succeed to the ownership of the
new motor vehicle dealer; or
(ii) Any personal or financial data which it has requested, serve upon the designated family
member and the department of revenue notice of its refusal to honor the succession
and of its intent to discontinue the existing franchise with the dealer no sooner
than ninety (90) days from the date the notice is served.
(2) The notice must state the specific grounds for the refusal to honor the succession
and of the manufacturer's or distributor's intent to discontinue the existing franchise
with the new motor vehicle dealer no sooner than ninety (90) days from the date the
notice is served.
(3) If notice of refusal and discontinuance is not timely served upon the family member,
the franchise shall continue in effect subject to termination only as otherwise permitted
by this chapter.
(c) Written designation of succession unaffected. This chapter does not preclude the owner of a new motor vehicle dealership from designating
any person as the owner's successor by written instrument filed with the manufacturer
or distributor and, in the event there is a conflict between that written instrument
and the provisions of this section, the written instrument shall govern.