13-14-301. Termination or noncontinuance of franchise. (1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement or the rights to sell and service a line-make pursuant to a franchise agreement, whether through termination or noncontinuance of the franchise, termination or noncontinuance of a line-make, or otherwise, […]
Effective 5/12/2015 13-14-302. Issuance of additional franchises — Relocation of existing franchisees. (1) Except as provided in Subsection (6), a franchisor shall provide the notice and documentation required under Subsection (2) if the franchisor seeks to: (a) enter into a franchise agreement establishing a motor vehicle dealership within a relevant market area where the same […]
Effective 5/12/2015 13-14-302.5. Application of new franchise process with respect to certain terminated franchises. (1) As used in this section: (a) “Covered franchisee”: (i) means a person who was a franchisee under a pre-bankruptcy franchise; and (ii) is a “covered dealership,” as that term is defined in the federal franchise arbitration law. (b) “Covered franchisor”: […]
13-14-303. Effect of terminating a franchise. If under Section 13-14-301 the executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new motor vehicles of a line-make in a relevant market area, the franchisor may not enter into a franchise […]
Effective 5/12/2015 13-14-304. Hearing regarding termination, relocation, or establishment of franchises. (1) (a) Within 10 days after the day on which the advisory board receives an application from a franchisee under Subsection 13-14-301(3) challenging a franchisor’s right to terminate or not continue a franchise, or an application under Section 13-14-302 challenging the establishment or relocation […]
13-14-305. Evidence to be considered in determining cause to terminate or discontinue. (1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the advisory board and the executive director shall consider: (a) the amount of business transacted by the franchisee, as compared to business available to the […]
Effective 5/12/2015 13-14-306. Evidence to be considered in determining cause to relocate or establish a new franchised dealership. 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 advisory board and the executive director […]
13-14-307. Franchisor’s obligations upon termination or noncontinuation of franchise or line-make. (1) Upon the termination or noncontinuation of a franchise or a line-make, the franchisor shall pay the franchisee: (a) an amount calculated by: (i) including the franchisee’s cost of unsold motor vehicles that: (A) are in the franchisee’s inventory; (B) were acquired: (I) from […]
13-14-307.5. Termination, cancellation, or nonrenewal of a recreational vehicle franchise agreement. (1) This section applies only to a recreational vehicle franchisee’s termination, cancellation, or nonrenewal of: (a) a recreational vehicle franchise; or (b) a recreational vehicle line-make. (2) (a) A recreational vehicle franchisee may, at any time and with or without good cause, terminate, cancel, […]
13-14-308. Private right of action. (1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee. (2) (a) As used in this Subsection (2): (i) “New franchisor” has the same meaning as defined in […]
13-14-309. Change in distribution plan. If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufacturer or distributor, subsidiary of the manufacturer or […]
Effective 5/9/2017 13-14-310. Reporting requirement. By September 1 of each year, the advisory board shall submit, in accordance with Section 68-3-14, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is submitted, describes: (1) the number of applications for a […]
