Maine Revised Statutes Title 10 Sec. 1437 – Survivorship
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1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions.
A. Any designated family member of a deceased or incapacitated new recreational vehicle dealer who has been designated as successor to that dealer in writing to the manufacturer may succeed the dealer in the ownership or operation of the dealership under the existing dealer agreement or distribution agreement if the designated family member gives the manufacturer of new recreational vehicles a written notice of the intention to succeed to the dealership within 90 days of the dealer’s death or incapacity. The designated family member may not succeed the dealer if there exists good cause for refusal to honor the succession on the part of the manufacturer. [PL 2009, c. 562, §19 (AMD).]
B. The manufacturer may request and the designated family member shall provide, upon the request, on forms provided for that purpose by the manufacturer, personal and financial data that is reasonably necessary to determine whether the succession may be honored. [PL 1997, c. 427, §2 (NEW).]
[PL 2009, c. 562, §19 (AMD).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1437
- Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
- Dealer agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a recreational vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of recreational vehicles or services related to recreational vehicles at wholesale, retail or leasing. See Maine Revised Statutes Title 10 Sec. 1432
- Designated family member: means the spouse, child, grandchild, parent, brother or sister of the owner of a new recreational vehicle dealer who, in the case of the owner's death, is entitled to inherit the ownership interest in the new recreational vehicle dealership under the terms of the owner's will or who, in the case of an incapacitated owner of a new recreational vehicle dealership, has been appointed by a court as the legal representative of the new recreational vehicle dealer's property. See Maine Revised Statutes Title 10 Sec. 1432
- Factory branch: means a branch maintained by a manufacturer that manufactures or assembles recreational vehicles for sale to distributors or recreational vehicle dealers or that is maintained for directing and supervising the representatives of the manufacturer. See Maine Revised Statutes Title 10 Sec. 1432
- Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of recreational vehicles or for contracting with, supervising, servicing, or instructing or contracting recreational vehicle dealers or prospective recreational vehicle dealers. See Maine Revised Statutes Title 10 Sec. 1432
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432
- New recreational vehicle: means a recreational vehicle that has not been previously sold to any person except a distributor or wholesaler or recreational vehicle dealer for resale. See Maine Revised Statutes Title 10 Sec. 1432
- person: includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1432
- Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432
- Recreational vehicle dealer: means any person who sells or solicits or advertises the sale of new recreational vehicles. See Maine Revised Statutes Title 10 Sec. 1432
2. Refusal to honor; notice required. The refusal to honor the right of the designated family member to succeed in dealer ownership is governed by the following provisions.
A. If a manufacturer, distributor, factory branch, factory representative or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member of a deceased or incapacitated new recreational vehicle dealer under the existing dealer agreement, the manufacturer, within 60 days of receipt of the information requested in subsection 1, paragraph B, may serve upon the designated family member notice of its refusal to honor the succession or its intent to discontinue the existing dealer agreement with the dealership. A discontinuance may not take place sooner than 90 days from the date the notice is served. [PL 1997, c. 427, §2 (NEW).]
B. The notice must state the specific grounds for the refusal to honor the succession and of the intent to discontinue the existing dealer agreement with the dealership no sooner than 90 days from the date the notice is served. [PL 1997, c. 427, §2 (NEW).]
C. If notice of refusal and discontinuance is not served upon the designated family member in a timely manner, the dealer agreement continues in effect and is subject to termination only as otherwise permitted by this section. [PL 1997, c. 427, §2 (NEW).]
[PL 1997, c. 427, §2 (NEW).]
3. Written designation of succession unaffected. This section does not preclude a new recreational vehicle dealer from designating any person, by written instrument filed with the manufacturer, as that dealer’s successor.
[PL 1997, c. 427, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 427, §2 (NEW). PL 2009, c. 562, §19 (AMD).