In the event of a termination, cancellation or nonrenewal by the manufacturer under this chapter, except termination, cancellation or nonrenewal by the manufacturer for insolvency, license revocation, conviction of a crime or fraud by a dealer owner or failure of the dealer to conduct customary sales and service operations during business hours for 7 consecutive business days, except in circumstances beyond the direct control of the dealer, if the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or 3 years' rent, whichever is less, or if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the dealership facilities for 3 years. Nothing in this section shall relieve a lessee from the obligation to mitigate damages under the lease, nor prevent a manufacturer from discharging its obligations by negotiating a lease termination, sublease or new lease.
Structure Delaware Code
Chapter 49. MOTOR VEHICLE FRANCHISING PRACTICES
§ 4901. Declaration of purpose.
§ 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers.
§ 4904. Liability for transportation damages.
§ 4905. Product liability indemnification.
§ 4906. Termination, cancellation or nonrenewal of franchise — Requisites.
§ 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer.
§ 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.
§ 4909. Succession to ownership of new motor vehicle dealer.
§ 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal.
§ 4912. Written designation of succession unaffected.
§ 4913. Unlawful acts by manufacturers.
§ 4914. Validity of certain agreements.
§ 4915. Limitations on establishing or relocating dealers.
§ 4916. Civil actions for violations.
§ 4917. Applicability of chapter.