Arizona Laws 44-1553. Voidable franchises
Any franchise may be cancelled by the dealer at his option by sending a written declaration of that fact and the reasons therefor to the distributor if:
Terms Used In Arizona Laws 44-1553
- Dealer: means any person engaged in the retail sale of petroleum products supplied under a distributorship, franchise or other agreement, entered into with a distributor. See Arizona Laws 44-1551
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Distributor: means any person engaged in the sale, consignment or other distribution of petroleum products to dealers at retail outlets serving the general motoring public. See Arizona Laws 44-1551
- franchise agreement: means a written agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the distributor, under which the dealer is granted the right to occupy premises owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of petroleum products of the distributor. See Arizona Laws 44-1551
1. The distributor’s offer was fraudulent or unlawful, provided that the dealer send such written declaration within sixty days after discovery thereof.
2. The dealer was not afforded the opportunity to negotiate with the distributor on all provisions within the franchise, except that such negotiations shall not impair the uniform image and quality standards of the franchise, provided that the dealer send such written declaration within ten days after execution of the franchise.
3. The dealer was not furnished a copy of the franchise agreement at least seventy-two hours prior to execution. The dealer shall send such written cancellation within ten days after execution of the franchise.
4. The dealer was not furnished the disclosure set forth in section 44-1552 at least seventy-two hours prior to the execution of the franchise agreement. The dealer shall send such written cancellation within ten days after dealer has acquired all of the required information.