(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from such heirs or devisees as if the manufacturer, distributor, or wholesaler had terminated the contract; and the inventory repurchase provisions of s. 686.407 are made expressly applicable to the repurchase under this section. The heirs or devisees shall have 1 year from the date of the death of the dealer or majority stockholder to exercise their option under this section. However, nothing in this section requires the repurchase of inventory if the heirs or devisees and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
(2) This section is subject to that portion of the manufacturer’s, distributor’s, or wholesaler’s contract or agreement with the dealer pertaining to death of the dealer or succession to the extent such contract or agreement is not inconsistent with this section.
History.—s. 15, ch. 84-217.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 686 - Sales, Distribution, and Franchise Relationships
686.40 - Agricultural Equipment Manufacturers and Dealers Act.
686.401 - Legislative Finding and Intent; Construction of Ss. 686.40-686.418.
686.402 - Definitions of Terms Used in Ss. 686.40-686.418.
686.403 - Application of Ss. 686.40-686.418.
686.405 - Warranty Agreements; Claims; Compensation of Dealers.
686.406 - Parts; Availability; Return.
686.408 - Repurchase of Inventory Upon Death or Incapacity of Dealer.
686.41 - Indemnification of Dealer With Respect to Legal Actions.
686.413 - Unlawful Acts and Practices.
686.415 - Unenforceable Contract or Franchise Agreement.
686.418 - Effect of Act on Other Remedies.
686.501 - Definitions; Ss. 686.501-686.506.
686.502 - Consignment Relationship; Notice; Proceeds of Sales Held in Trust; Contract Requirements.
686.503 - Contract Provisions.
686.504 - Warranties by Art Dealers; Written Statement; Terminology.
686.505 - Construction of Language.
686.506 - Rights and Liabilities, Additional; Merchant’s Liability.
686.601 - Legislative Finding and Intent; Construction.
686.602 - Definitions of Terms Used in Ss. 686.601-686.614.
686.604 - Warranty Agreements; Claims; Compensation of Dealers.
686.605 - Parts; Availability; Return.
686.606 - Repurchase of Inventory Upon Termination of Dealer Agreement.
686.607 - Repurchase of Inventory Upon Death or Incapacity of Dealer.
686.609 - Indemnification of Dealer With Respect to Legal Actions.
686.611 - Unlawful Acts and Practices.
686.612 - Unenforceable Contract or Agreement.
686.614 - Effect of Act on Other Remedies.
686.701 - Reimbursement of Federal Excise Taxes on Motor Fuel.