(a) Terminate, cancel or fail to renew a dealership agreement.
(b) During the term of a dealership agreement, take an action that has a substantial adverse effect on a dealer’s ability to sell or lease recreational vehicles, including changing the dealer’s area of sales responsibility.
(2) A grantor shall give a dealer at least 120 days’ written notice of termination or cancellation of or failure to renew the dealer’s dealership agreement.
(3) In a notice of termination, cancellation or failure to renew, the grantor shall state:
(a) The reasons for the termination, cancellation or failure to renew;
(b) That the dealer has 30 days from the dealer’s receipt of the notice to notify the grantor in writing of the dealer’s intent to cure any deficiencies that formed the basis for the termination, cancellation or failure to renew;
(c) That, if the dealer notifies the grantor as provided in paragraph (b) of this subsection, the dealer has 120 days from the dealer’s receipt of the notice of termination, cancellation or failure to renew within which to cure the deficiencies;
(d) That, upon a written request by the dealer showing good cause for an extension of the 120-day period, the grantor may give the dealer up to an additional 60 days within which to cure the deficiencies; and
(e) That, if the dealer cures the deficiencies, the grantor will rescind the notice of termination, cancellation or failure to renew.
(4) If a dealer that notifies a grantor of the dealer’s intent to cure the deficiencies on which a grantor based a termination, cancellation or failure to renew cures the deficiencies within the time prescribed by the grantor, the grantor shall rescind the notice of termination, cancellation or failure to renew.
(5) Subsections (2) to (4) of this section do not apply if the reason for the termination, cancellation or failure to renew is the dealer’s bankruptcy, insolvency or assignment of assets for the benefit of creditors.
(6) Notwithstanding subsection (2) of this section, a termination or cancellation of or failure to renew a dealership agreement:
(a) Takes effect 30 days after the dealer receives notice of termination, cancellation or failure to renew and the grounds for termination, cancellation or failure to renew is:
(A) A felony conviction of the dealer or a principal owner of the dealer;
(B) The closing of the dealership for 10 consecutive business days, except if the closing is due to:
(i) An act of God;
(ii) A strike, lockout or other labor dispute;
(iii) A scheduled seasonal or holiday closing; or
(iv) A cause over which the dealer has no control; or
(C) Suspension or revocation of or failure to renew the dealer’s certificate under ORS 822.020.
(b) Takes effect 31 days after the dealer receives the notice of termination, cancellation or failure to renew if:
(A) The dealer did not notify the grantor as provided in subsection (3)(b) of this section; and
(B) On the 31st day after receiving the notice of termination, cancellation or failure to renew, the dealer does not possess new recreational vehicles from the grantor that the dealer has not sold or leased to a consumer.
(7) A dealer may cancel a dealership agreement by giving 30 days’ written notice of cancellation to the grantor. [2003 c.377 §5]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 650 - Franchise Transactions
Section 650.005 - Definitions for ORS 650.005 to 650.100.
Section 650.015 - When franchise sale or offer for sale is made in this state.
Section 650.055 - General duties and powers of director.
Section 650.057 - Orders issued under ORS 650.055.
Section 650.070 - Director as agent for service of process.
Section 650.075 - Manner of executing service of process; effect of initial service.
Section 650.095 - Civil penalties.
Section 650.120 - Definitions for ORS 650.120 to 650.170.
Section 650.123 - Use of protected dealer data; prohibitions; liabilities.
Section 650.130 - Prohibited conduct by manufacturer, distributor or importer.
Section 650.145 - Compensation due dealer upon termination of franchise.
Section 650.155 - Liability of manufacturer for damages to vehicles before delivery to carrier.
Section 650.165 - Prohibited franchise conditions.
Section 650.170 - Dealer’s remedy.
Section 650.200 - Definitions for ORS 650.200 to 650.250.
Section 650.205 - Prohibited conduct by franchisor.
Section 650.210 - Rights and prohibitions governing relationship between franchisor and franchisee.
Section 650.215 - Prohibited conduct in offer, sale or purchase of franchise.
Section 650.250 - Injunctive relief or damages; limitation on commencement of action; attorney fees.
Section 650.300 - Definitions for ORS 650.300 to 650.480.
Section 650.310 - Good cause; determination.
Section 650.320 - Dealership agreement.
Section 650.330 - Comparable terms and conditions; grantor sales to public.
Section 650.340 - Termination, cancellation or failure to renew; notice; grounds.
Section 650.350 - Dealer’s rights upon termination, cancellation or failure to renew.
Section 650.360 - Coercion prohibited.
Section 650.370 - Transfer by dealer.
Section 650.380 - Dealer’s successor.
Section 650.410 - Dealer’s warranty obligations.
Section 650.420 - Required disclosures.
Section 650.430 - Damaged or defective vehicles.
Section 650.440 - Grantor’s ownership, operation or control of dealership.
Section 650.450 - Indemnification; grantor and dealer.
Section 650.460 - Indemnification; warrantor and dealer.
Section 650.470 - Remedies; grantor and dealer; attorney fees.
Section 650.480 - Remedies; warrantor and dealer; attorney fees.