As used in this article, the term: “Community of interest” means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. “Franchise” means an oral or written agreement for a definite or indefinite period of time in which a […]
This article shall be liberally construed and applied to promote its underlying remedial purposes and policies. The underlying purposes and policies of this article are: To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis; […]
Each grantor or warrantor, where applicable, shall specify in writing to each of its recreational vehicle dealers licensed in Georgia the dealer’s obligation for preparation, delivery, and warranty service on its products; shall compensate the dealer for warranty service required of the dealer by the grantor or warrantor; and shall provide the dealer the schedule […]
If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in the county of the recreational vehicle dealer for damages sustained as a consequence of the grantor’s or warrantor’s violation, together with the actual costs of the action […]
In any action brought by a recreational vehicle dealer against a grantor or warrantor under this article, any violation of this article by the grantor or warrantor shall be deemed an irreparable injury to the recreational vehicle dealer for determining if a temporary injunction should be issued. History. Code 1981, § 10-1-679.12 , enacted by […]
It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article. History. Code 1981, § 10-1-679.13 , enacted by Ga. L. 2005, p. 1233, § 2/SB 155.
It shall be unlawful for any dealer to sell or distribute any new recreational vehicle in Georgia unless the dealer has a franchise dealership agreement with a grantor with the express right to sell or distribute recreational vehicles in Georgia and meets the requirements and definitions provided in this article. Any dealer who does not […]
Any person who violates the provisions of this article shall be guilty of a misdemeanor. History. Code 1981, § 10-1-679.15 , enacted by Ga. L. 2005, p. 1233, § 2/SB 155.
The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market […]
Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time. History. Code 1981, § 10-1-679.3 , enacted by Ga. L. 2005, p. 1233, § 2/SB 155.
No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances, including the area of sales responsibility, of a recreational vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor. History. Code 1981, § 10-1-679.4 , enacted […]
Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 days’ prior written notice of termination, cancellation, nonrenewal, or substantial change in competitive circumstances and shall provide that the recreational vehicle dealer has 120 days in which to rectify any claimed deficiency. The notice shall state all […]
If a recreational vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall repurchase: All new, untitled recreational vehicle inventory acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal which has not […]
It shall be unlawful for any grantor, directly or through any officer, agent, or employee: To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or To coerce, or attempt to coerce, any dealer to enter into […]
It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale of the business assets, stock transfer, or otherwise, or a change in executive management or principal operator of the dealership if the new owner, principal operator, or […]
It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the […]
