Section 339-C:10 – Prohibited Agreements.
339-C:10 Prohibited Agreements. – No agreement between a supplier and a dealer may provide that a dealer’s franchise shall be terminated upon the death of the dealer if the dealer has designated a successor as provided for in this subdivision. Source. 1983, 456:2, eff. Oct. 1, 1983.
Section 339-C:11 – Designation of Successor.
339-C:11 Designation of Successor. – The dealer may designate a successor who shall be either the dealer’s surviving spouse or adult child. The successor shall meet the reasonable qualifications then required of dealers by the supplier for the operation of a franchise. Source. 1983, 456:2, eff. Oct. 1, 1983.
Section 339-C:12 – Primary and Alternate Successor.
339-C:12 Primary and Alternate Successor. – A dealer may designate one primary and one alternate successor. If the dealer designates an alternate successor, the alternate successor shall have no rights under this subdivision unless the primary successor notifies the alternate successor within 21 days of the death of the dealer that the primary successor […]
Section 339-C:13 – Election to Assume a Franchise.
339-C:13 Election to Assume a Franchise. – A designated successor is allowed 21 days after the death of the dealer to send written notice to the supplier of an election to assume and operate the franchise. The notice shall contain information reasonably required by the supplier regarding business experience and financial responsibility. The successor […]
Section 339-C:14 – Deposit for Rent; Discharge of Franchise Obligations.
339-C:14 Deposit for Rent; Discharge of Franchise Obligations. – I. A supplier may require a dealer designating a successor to deposit with the supplier a sum equal to a reasonable estimate of 21 days’ rent to the supplier. This deposit, if made, may be used only to compensate the supplier if the designated successor […]
Section 339-C:15 – Extent of Successor’s Franchise.
339-C:15 Extent of Successor’s Franchise. – The franchise available to the successor under this subdivision shall be no more or less than the franchise held by the dealer at the time of his death. This subdivision is not intended to expand or diminish the rights of suppliers or dealers under state or federal law. […]
Section 339-C:16 – Operation of Franchise After Dealer’s Death.
339-C:16 Operation of Franchise After Dealer’s Death. – I. Unless the supplier agrees otherwise in writing, a franchise shall not be operated after the death of a dealer by anyone other than the supplier for its own account until all parts of the franchise have been expressly assumed as provided in this subdivision. II. […]
Section 339-C:4 – Supplier’s Right to Terminate Agreement.
339-C:4 Supplier’s Right to Terminate Agreement. – I. A supplier who enters into an agreement for the purpose of conducting a gas station business, which may include a lease with options to renew said agreement or to renew said lease if one is included, may terminate, cancel or refuse to renew such agreement or […]
Section 339-C:5 – Repurchase by Supplier Upon Termination.
339-C:5 Repurchase by Supplier Upon Termination. – In the event of any termination, cancellation or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased […]
Section 339-C:6 – Dealer Trade Associations.
339-C:6 Dealer Trade Associations. – No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers. Dealers shall have a right to select bargaining agents to negotiate and deal with suppliers on matters having to do with their supplier-dealer relationship. Suppliers […]