Section 322A.15 – Guidelines.
322A.15 Guidelines. 1. In determining whether good cause has been established for terminating or not continuing a franchise, the department of inspections and appeals shall take into consideration the existing circumstances, including, but not limited to: a. Amount of business transacted by the franchisee. b. Investment necessarily made and obligations incurred by the franchisee in […]
Section 322A.16 – Additional guidelines.
322A.16 Additional guidelines. In determining whether good cause has been established for entering into an additional franchise for the same line-make, the department of inspections and appeals shall take into consideration the existing circumstances, including, but not limited to: 1. Amount of business transacted by other franchisees of the same line-make in that community. 2. […]
Section 322A.17 – Review.
322A.17 Review. 1. A decision of the department of inspections and appeals is subject to review by the state department of transportation, whose decision is final agency action for the purpose of judicial review. 2. Judicial review of actions of the state department of transportation may be sought in the manner provided for in section […]
Section 322A.18 – Duty of good faith.
322A.18 Duty of good faith. A franchise imposes on the parties a duty of good faith in performance and enforcement of the franchise agreement. “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. 2010 Acts, ch 1081, §2
Section 322A.19 – Jurisdiction.
322A.19 Jurisdiction. 1. A condition, stipulation, or provision in a franchise restricting jurisdiction to a forum outside this state is void. 2. A condition, stipulation, or provision in a franchise providing that the franchisee consents to the jurisdiction of a forum outside this state is void. 3. A civil action or proceeding arising out of […]
Section 322A.20 – Choice of law.
322A.20 Choice of law. 1. A condition, stipulation, or provision in a franchise requiring the application of the law of another state in lieu of this chapter is void. 2. A condition, stipulation, or provision in a franchise that the franchise is to be governed by or construed in accordance with the law of another […]
Section 322A.5 – Warranties and recalls.
322A.5 Warranties and recalls. 1. Every franchiser and franchisee shall fulfill the terms of any express or implied warranty concerning the sale of a motor vehicle to the public of the line-make which is the subject of a contract or franchise agreement between the parties. If it is determined by the district court that either […]
Section 322A.21 – Waivers void.
322A.21 Waivers void. A condition, stipulation, or provision in a franchise requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or order under this chapter is void. This section shall not affect the settlement of disputes, claims, controversies or […]
Section 322A.6 – Application filed with the department.
322A.6 Application filed with the department. 1. If a franchiser seeks to terminate or not continue a franchise, or seeks to enter into a franchise establishing an additional motor vehicle dealership of the same line-make, the franchiser shall file an application with the department for permission to terminate or not continue the franchise, or for […]
Section 322A.22 – Other line-makes.
322A.22 Other line-makes. A condition, stipulation, or provision in a franchise prohibiting or restricting the franchisee from continuing another line-make at the dealership or adding an additional line-make to the dealership is void. This section does not limit a franchiser from establishing good cause for the termination of a franchise pursuant to sections 322A.2 and […]