In the event of the death or incapacity of the 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 said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
History. Code 1981, § 13-8-23 , enacted by Ga. L. 1993, p. 1585, § 4; Ga. L. 2002, p. 1101, § 1.
Editor’s notes.
Ga. L. 2002, p. 1101, § 1, effective July 1, 2002, reenacted this Code section without change.
Structure Georgia Code
Chapter 8 - Illegal and Void Contracts Generally
Article 2 - Regulation of Agricultural Equipment Manufacturers, Distributors, and Dealers
§ 13-8-11. Legislative Findings
§ 13-8-13. Persons Subject to Provisions of Article
§ 13-8-14. Unfair Competition; Unfair or Deceptive Acts
§ 13-8-15. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices
§ 13-8-15.1. Notice to Competitors Within Market Area
§ 13-8-15.2. Use of Dealership by Manufacturers, Distributors, and Wholesalers
§ 13-8-17.1. Time for Audits of Dealerships
§ 13-8-18. Agreements to Which Article Applies
§ 13-8-20. Damages Recoverable for Injuries Sustained by Violations; Class Actions; Punitive Damages
§ 13-8-21. Contracts and Agreements in Violation of Article Deemed Void