Indiana Code 9-32-13-29. Manufacturer or distributor terminates, cancels, or fails to renew a franchise between the manufacturer or distributor and dealer; exceptions
(1) The dealer files for bankruptcy or enters into receivership.
Terms Used In Indiana Code 9-32-13-29
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fraud: Intentional deception resulting in injury to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) The dealer has been convicted of or pled guilty to a felony.
(4) The dealer commits fraud.
(5) The dealer has abandoned business operations or otherwise failed to conduct sales and service operations during regular business hours for at least seven (7) consecutive days, unless the abandonment or closure is due to an act of God or another act over which the franchise has no control.
(b) Except as provided in subsection (c), upon termination, cancellation, or nonrenewal, a manufacturer or distributor shall pay to a dealer the following amounts:
(1) If the dealer is leasing the dealership facilities from a person other than the manufacturer or distributor, the lesser of:
(A) the total lease payments remaining unpaid on the date of termination, cancellation, or nonrenewal; or
(B) the total annual lease payments for one (1) year;
subject to damages mitigated by the dealer under the terms of the lease.
(2) If the dealer owns the dealership facilities, an amount equal to the reasonable rental value of the facilities for the one (1) year period beginning on the date of termination, cancellation, or nonrenewal, subject to damages mitigated by the dealer.
(c) A manufacturer or distributor may discharge the manufacturer’s or distributor’s obligations under a lease with a dealer by negotiating with the dealer a lease termination payment, a sublease, or a new lease.
(d) The manufacturer or distributor is entitled to possession of the dealership facilities during the time period for which the manufacturer or distributor makes any lease payments.
(e) It is an unfair practice for a manufacturer or a distributor to violate this section.
As added by P.L.152-2013, SEC.5.