Utah § 13-58-402 Termination without time to cure.

Utah Statutes

§ 13-58-402 — Termination without time to cure.

Utah § 13-58-402

Title 13Commerce and Trade

Ch. 13-58Motorboat Agreements Act

Part 13-58-4Termination or Nonrenewal of Agreements

This text of Utah § 13-58-402 (Termination without time to cure.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 13-58-402 (2026).

Text

A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section 13-58-302, if:

(1)the motorboat dealer:

(1)(a) financially defaults to the manufacturer, the distributor, or a financing source;

(1)(b) becomes subject to an order for relief, as defined in 11 U.S.C. Sec. 102;

(1)(c) files a voluntary petition in bankruptcy;

(1)(d) has had an involuntary petition in bankruptcy filed against the motorboat dealer;

(1)(e) engages in an act of material fraud in relation to the performance of a right or obligation under the agreement;

(1)(f) is a corporation that ceases to exist;

(1)(g) becomes insolvent;

(1)(h) takes or fails to take an action that constitutes an admission of inability to pay debts as the debts m

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A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section 13-58-302, if:
(1) the motorboat dealer:

(1)(a) financially defaults to the manufacturer, the distributor, or a financing source;
(1)(b) becomes subject to an order for relief, as defined in 11 U.S.C. Sec. 102;
(1)(c) files a voluntary petition in bankruptcy;
(1)(d) has had an involuntary petition in bankruptcy filed against the motorboat dealer;
(1)(e) engages in an act of material fraud in relation to the performance of a right or obligation under the agreement;
(1)(f) is a corporation that ceases to exist;
(1)(g) becomes insolvent;
(1)(h) takes or fails to take an action that constitutes an admission of inability to pay debts as the debts mature;
(1)(i) makes a general assignment for the benefit of creditors to an agent authorized to liquidate any substantial amount of assets;
(1)(j) applies to a court for the appointment of a receiver for any assets or properties;
(1)(k) fails to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement;
(1)(l) receives three valid notices of a default under Section 13-58-302 for the same default within a 12-month period, regardless of whether the dealer cures the default;
(1)(m) transfers an interest in the dealership without the manufacturer's written consent;
(1)(n) has pleaded guilty to or has been convicted of a felony, or of any misdemeanor relating to the relationship between the motorboat dealer and manufacturer;
(1)(o) or one of the owners of the motorboat dealer is convicted or enters a plea of nolo contendere to a felony; or
(1)(p) makes a material misrepresentation;
(2) there is a closeout or sale of a substantial part of the dealer's assets related to the motorboat dealership;
(3) there is a commencement or dissolution or liquidation of the motorboat dealership;
(4) there is a change without the prior written approval of the manufacturer in the location of the motorboat dealer's principal place of business under the dealership agreement; or
(5) the motorboat dealer's license is suspended, revoked, or is not renewed.