South Carolina Code 56-15-95. Termination or cancellation of franchise or selling agreement; determination of due cause
(B) The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation regardless of the terms of the franchise or selling agreement.
Terms Used In South Carolina Code 56-15-95
- Due cause: means a material breach by a dealer of a lawful provision of a franchise or selling agreement that is not cured within a reasonable period of time after being given prior written notice of the specific material breach. See South Carolina Code 56-15-10
- Motor vehicle: means any motor driven vehicle required to be registered pursuant to § 56-3-110. See South Carolina Code 56-15-10
(C) In determining whether due cause exists, the court shall take into consideration:
(1) the motor vehicle dealer’s sales in relation to the business available to the motor vehicle dealer;
(2) the motor vehicle dealer’s investments and obligations;
(3) whether the motor vehicle dealer was provided adequate inventory;
(4) injury to the public welfare;
(5) the adequacy of the motor vehicle dealer’s sales and service facilities, equipment, and parts;
(6) the qualifications of the management, sales, and service personnel to provide the consumer with reasonably good service and care of new motor vehicles;
(7) the motor vehicle dealer’s failure to comply with the requirements of the franchise agreement;
(8) the opportunity to cure the alleged breach; and
(9) the harm caused to the manufacturer or distributor.