Subdivision 1. Good cause required. No farm equipment manufacturer, directly or through an officer, agent, or employee may terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement without good cause. "Good cause" means failure by a farm equipment dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealership agreement, if the requirements are not different from those requirements imposed on other similarly situated dealers by their terms. In addition, good cause exists whenever:
(1) without the consent of the farm equipment manufacturer who shall not withhold consent unreasonably, (a) the farm equipment dealer has transferred an interest in the farm equipment dealership, or (b) there has been a withdrawal from the dealership of an individual proprietor, partner, major shareholder, or the manager of the dealership, or (c) there has been a substantial reduction in interest of a partner or major stockholder;
(2) the farm equipment dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within 30 days after the filing, or there has been a closeout or sale of a substantial part of the dealer's assets related to the farm equipment business, or there has been a commencement of dissolution or liquidation of the dealer;
(3) there has been a change, without the prior written approval of the manufacturer, in the location of the dealer's principal place of business under the dealership agreement;
(4) the farm equipment dealer has defaulted under a chattel mortgage or other security agreement between the dealer and the farm equipment manufacturer, or there has been a revocation or discontinuance of a guarantee of the dealer's present or future obligations to the farm equipment manufacturer;
(5) the farm equipment dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned the business;
(6) the farm equipment dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and manufacturer;
(7) the dealer has engaged in conduct which is injurious or detrimental to the dealer's customers or to the public welfare; or
(8) the farm equipment dealer, after receiving notice from the manufacturer of its requirements for reasonable market penetration based on the manufacturer's experience in other comparable marketing areas, consistently fails to meet the manufacturer's market penetration requirements.
Subd. 2. Notice. Except as otherwise provided in this subdivision, a farm equipment manufacturer shall provide a farm equipment dealer at least 90 days' prior written notice of termination, cancellation, or nonrenewal of the dealership agreement. The notice shall state all reasons constituting good cause for the action and shall provide that the dealer has 60 days in which to cure any claimed deficiency. If the deficiency is rectified within 60 days, the notice is void. The notice and right to cure provisions under this section do not apply if the reason for termination, cancellation, or nonrenewal is for any reason set forth in subdivision 1, clauses (1) to (7).
1988 c 511 s 2
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
Section 325E.01 — Delivery Tickets To Accompany Each Fuel Delivery.
Section 325E.02 — Customer Deposits.
Section 325E.021 — Utility Delinquency Charges.
Section 325E.025 — Landlords And Tenants; Utility Bills.
Section 325E.026 — Unauthorized Use Of Utility Meters.
Section 325E.027 — Discrimination Prohibition.
Section 325E.028 — Utility Payment Arrangements For Military Service Personnel.
Section 325E.03 — Sale Of Beverage Containers Having Detachable Parts.
Section 325E.031 — Immigration Services.
Section 325E.04 — Free Samples; Distribution.
Section 325E.041 — Sensory Testing Research.
Section 325E.042 — Prohibiting Sale Of Certain Plastics.
Section 325E.044 — Plastic Container Labeling.
Section 325E.046 — Standards For Labeling Plastic Bags.
Section 325E.05 — Agricultural Implement Dealerships; Return Of Stock.
Section 325E.061 — Definitions.
Section 325E.062 — Terminations Or Cancellations.
Section 325E.063 — Violations.
Section 325E.0631 — Warranties.
Section 325E.064 — Status Of Inconsistent Agreements.
Section 325E.067 — Applicability.
Section 325E.068 — Definitions.
Section 325E.0681 — Terminations Or Cancellations.
Section 325E.0682 — Violations.
Section 325E.0683 — Status Of Inconsistent Agreements.
Section 325E.07 — Cigarette Vending Machines, Notice Relating To Sales.
Section 325E.08 — Service For Disabled Persons At Gasoline Stations.
Section 325E.085 — Motor Vehicle Fuel Payment.
Section 325E.095 — Computation Of Sales By Small Retailers.
Section 325E.0951 — Motor Vehicle Air Pollution Control Systems.
Section 325E.0952 — Mandatory Air Bag Replacement.
Section 325E.10 — Definitions.
Section 325E.11 — Collection Facilities; Notice.
Section 325E.112 — Used Motor Oil And Used Motor Oil Filter Collection.
Section 325E.115 — Lead Acid Batteries; Collection For Recycling.
Section 325E.1151 — Lead Acid Battery Purchase And Return.
Section 325E.125 — General And Special Purpose Battery Requirements.
Section 325E.1251 — Penalty Enforcement.
Section 325E.127 — Notice For Fluorescent Lamps Containing Mercury.
Section 325E.13 — Tampering With Odometers; Definitions.
Section 325E.14 — Prohibited Acts.
Section 325E.15 — Transfer Of Motor Vehicle; Mileage Disclosure.
Section 325E.16 — Penalties; Remedies.
Section 325E.165 — Definition.
Section 325E.166 — Clock-hour Meters; Prohibited Acts.
Section 325E.167 — Penalties And Remedies.
Section 325E.169 — Definitions.
Section 325E.17 — Unlawful Transfers Or Sales Of Recordings.
Section 325E.18 — Identity Of Transferor.
Section 325E.201 — Violations; Punishment.
Section 325E.21 — Dealers In Scrap Metal; Records, Reports, And Registration.
Section 325E.23 — Definitions.
Section 325E.24 — Furnishing Of Space; Exceptions.
Section 325E.26 — Definitions.
Section 325E.27 — Use Of Prerecorded Or Synthesized Voice Messages.
Section 325E.28 — Requirements On Automatic Dialing-announcing Devices.
Section 325E.29 — Message Requirements.
Section 325E.30 — Time Of Day Limit.
Section 325E.317 — Definitions.
Section 325E.318 — Wireless Directories.
Section 325E.319 — Wireless Communications Devices; Acquisition For Resale.
Section 325E.32 — Waste Tires; Collection.
Section 325E.33 — Misconduct Of Athletic Agents.
Section 325E.34 — Free Newspapers; Exclusive Right To Distribute Prohibited.
Section 325E.35 — Definitions.
Section 325E.36 — Seller-financed Agricultural Input Sales.
Section 325E.37 — Termination Of Sales Representatives.
Section 325E.38 — Sale Of Certain Cfc Products Prohibited.
Section 325E.381 — Perchloroethylene Prohibition.
Section 325E.385 — Products Containing Polybrominated Diphenyl Ether.
Section 325E.386 — Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions.
Section 325E.387 — Review Of Decabromodiphenyl Ether.
Section 325E.389 — Items Containing Lead Prohibited.
Section 325E.3891 — Cadmium In Children's Jewelry.
Section 325E.39 — Telephone Advertising Services.
Section 325E.395 — Facsimile Transmission Of Unsolicited Advertising Materials.
Section 325E.40 — Sale Of Petroleum-based Sweeping Compound Products Prohibited.
Section 325E.41 — Deceptive Trade Practices; Environmental Marketing Claims.
Section 325E.42 — Deceptive Trade Practices; Gambling Advertising And Marketing Claims.
Section 325E.491 — Definitions.
Section 325E.492 — Production.
Section 325E.50 — Definitions.
Section 325E.51 — Licensing Negotiations.
Section 325E.52 — Royalty Contract Requirements.
Section 325E.53 — Improper Licensing Practices.
Section 325E.54 — Investigation.
Section 325E.56 — Remedies Cumulative.
Section 325E.59 — Use Of Social Security Numbers.
Section 325E.60 — Restroom Access.
Section 325E.61 — Data Warehouses; Notice Required For Certain Disclosures.
Section 325E.63 — Credit Issued To Minors.
Section 325E.64 — Access Devices; Breach Of Security.
Section 325E.65 — Sale Of American Flags.
Section 325E.66 — Insurance Claims For Residential Contracting Goods And Services.