§ 30-11-901 Definitions
§ 30-11-902 Cancellation and alteration of dealerships
§ 30-11-903 Notice of termination or change in dealership
§ 30-11-904 Transfer
§ 30-11-905 Refusal to honor succession to ownership — notice required
§ 30-11-906 Procedure to determine right to succeed
§ 30-11-907 Written designation of succession unaffected
§ 30-11-908 Civil damages
§ 30-11-909 Action for damages and injunctive relief
§ 30-11-914 Grantor’s right of first refusal — construction equipment

Terms Used In Montana Code > Title 30 > Chapter 11 > Part 9 - Termination, Cancellation, Nonrenewal, Substantial Alteration, or Transfer of Construction Equipment Dealership Agreements

  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Community of interest: means a continuing financial interest that the grantor and grantee have in common. See Montana Code 30-11-901
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction equipment: means any vehicle, machine, or attachment designed or adapted and used in construction, heavy construction, highway construction, and remodeling work. See Montana Code 30-11-901
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person who is a grantee of a construction equipment dealership situated in this state. See Montana Code 30-11-901
  • Dealership: means a contract or agreement, expressed or implied, whether oral or written, including a franchise as defined in 61-4-201, by which a person is granted the right to sell or distribute construction equipment, in which there is a community of interest in the business of offering, selling, or distributing construction equipment. See Montana Code 30-11-901
  • Department: means the department of labor and industry established in 2-15-1701. See Montana Code 30-11-901
  • Designated family member: means the spouse, child, grandchild, parent, brother, or sister of a dealer. See Montana Code 30-11-901
  • Designated successor: means a person designated in writing by the retiring dealer to succeed in the dealership or, in the case of an incapacitated dealer, a person appointed by a court as the legal representative of the dealer's property or the appointed and qualified personal representative and the testamentary trustee of a deceased dealer. See Montana Code 30-11-901
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Good cause: when used in 30-11-902, 30-11-903, and 30-11-909, means:

    (i)failure by a dealer to comply substantially with essential and reasonable requirements imposed upon the dealer by the grantor or sought to be imposed by the grantor, which requirements are not discriminatory as compared with requirements imposed on other similarly situated dealers either by the terms of the requirements or in the manner of their enforcement; or

    (ii)bad faith by the dealer in carrying out the terms of the dealership. See Montana Code 30-11-901

  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: means a person who grants a dealership. See Montana Code 30-11-901
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, association, corporation, or other entity. See Montana Code 30-11-901
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trustee: A person or institution holding and administering property in trust.
  • Writing: includes printing. See Montana Code 1-1-203