§47-11C-1. Short Title
This article shall be known and may be cited as the "West Virginia Petroleum Products Franchise Act."
§47-11C-2. Definitions
As used in this article: (1) "Adult" means any person who is not a minor;
§47-11C-3. Franchise Agreement
Every franchise agreement between a producer and a dealer shall be subject to the following provisions whether or not they are expressly set forth in the agreement: (1) The term of the initial agreement between the producer and the dealer relating to specific premises shall not be less than one year; the term of the […]
§47-11C-4. Disclosures to Prospective Dealers
A producer shall disclose in writing to any prospective dealer the following information, before any franchise is concluded: (1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period which the location has been supplied by the producer, whichever is shorter;
§47-11C-5. Termination of or Refusal to Renew Franchise; Notice; Grounds
(1) No producer directly or indirectly through any officer, agent or employee shall terminate, cancel, or refuse to renew a franchise without good cause or other grounds as provided in this section, and without having first given written notice to the dealer. Such notice shall contain a statement of the producer's intention to terminate, cancel, […]
§47-11C-5a. Motor Fuel Franchise Agreements
(a) Effective July 1, 1983, every franchise agreement entered into between a producer and dealer shall contain provisions which comply with this section. (b) A dealer shall have the right, effective upon his death or retirement, to have his interests under a franchise agreement assigned to a designated family member who has been approved by […]
§47-11C-6. Damages; Remedies
(1) Any producer or dealer, aggrieved by a violation of this article may bring an action for legal or equitable relief, including reasonable attorney fees, in the circuit court of the county in which the franchised premises are located.
§47-11C-7. Application
This article shall not apply to a franchise granted prior to the effective date of this article provided that a renewal or extension of such a franchise shall not be excluded from the application of this article.
§47-11C-8. Effective Date
This article shall take effect on July 1, 1976.