Utah § 13-35-306 Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.

Utah Statutes

§ 13-35-306 — Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.

Utah·Title 13 Commerce and Trade·Ch. 13-35 Powersport Vehicle Franchise Act·Part 13-35-3 Restrictions on Termination, Relocation, and Establishment of Franchises

In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the executive director shall consider:

(1)the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;

(2)the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;

(3)the permanency of the existing and proposed investment;

(4)whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established; and

(5)

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In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the executive director shall consider:
(1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;
(2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;
(3) the permanency of the existing and proposed investment;
(4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established; and
(5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the powersport vehicles of the line-make, which shall include the adequacy of:
(5)(a) the powersport vehicle sale and service facilities;
(5)(b) equipment;
(5)(c) supply of vehicle parts; and
(5)(d) qualified service personnel.

Utah § 13-35-306 (Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.