30-11-712. Civil liability. If any wholesaler, manufacturer, or distributor fails or refuses to repurchase or reimburse a wholesaler for any inventory or a retailer for any inventory, signs, special equipment, or special tools as required by 30-11-702, the wholesaler, manufacturer, or distributor is liable in a civil action for:
(1) all sums required under this part;
(2) storage charges at the market rate for warehouse storage in the retailer's community plus any floor plan, interest, or similar inventory financing charges incurred by the retailer or wholesaler, commencing on the 31st day after the repurchase request;
(3) interest on all sums due from the date of the wholesaler's or retailer's request as provided in this section, at a rate calculated pursuant to 25-9-205 until paid; and
(4) the retailer's or wholesaler's attorney fees, court costs, and litigation expenses.
History: En. Sec. 6, Ch. 338, L. 1983; amd. Sec. 5, Ch. 297, L. 1985; amd. Sec. 9, Ch. 283, L. 2019.
Structure Montana Code Annotated
Part 7. Canceled Dealership Contracts Repurchase Requirements
30-11-702. Repurchase of inventory items upon cancellation of dealership or distribution contract
30-11-704. Repurchase of inventory of deceased retailer or wholesaler
30-11-705. Reimbursement for or repurchase of signs, special equipment, and special tools
30-11-706. through 30-11-710 reserved
30-11-711. Rights not affected
30-11-713. Remedy as supplemental