61-4-132. Right of designated family member to succeed in dealership ownership. (1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacitated dealer giving the manufacturer, factory branch, distributor, or importer of new motor vehicles written notice of the intention to succeed the dealer in the ownership or operation of the dealership within 120 days prior to the dealer's expected date of retirement or within 120 days after the death or incapacity of the dealer. The manufacturer, factory branch, distributor, or importer may refuse to honor the notice of succession only for good cause in the manner provided for in 61-4-133.
(2) The manufacturer, factory branch, distributor, or importer may request, and the designated family member shall provide, on request, personal and financial data that is reasonably necessary to determine whether the succession should be honored. The designated family member must meet the manufacturer's, factory branch's, distributor's, or importer's reasonable, uniformly applied written requirements to be a dealer. If the designated family member lacks experience required to meet those requirements, then the manufacturer shall allow the successor a reasonable amount of time to meet those requirements provided that during the period, the successor employs an individual who is qualified and experienced as a general manager to manage the day-to-day operations of the motor vehicle dealership.
History: En. 51-610 by Sec. 2, Ch. 381, L. 1977; R.C.M. 1947, 51-610; amd. Sec. 1941, Ch. 56, L. 2009; amd. Sec. 11, Ch. 283, L. 2019.
Structure Montana Code Annotated
Chapter 4. Sales and Distribution of Motor Vehicles
61-4-101. Types of licenses and terms -- common application -- bonds -- zoning
61-4-102. Dealer plates -- restriction of use -- fees
61-4-104. Record of purchase or sale
61-4-105. Criminal penalty -- civil penalty imposed by agency
61-4-107. Cease and desist order
61-4-109. Privileges incident to license -- withdrawal upon certain conditions
61-4-111. Used vehicles -- transfer to and from dealers
61-4-112. New motor vehicles -- transfers by dealers
61-4-113. New motor vehicles towed into state to be labeled
61-4-122. Compliance specialists as peace officers
61-4-123. Dealer requirements and restrictions
61-4-125. Wholesaler restrictions -- demonstrator plates -- annual report
61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds
61-4-127. Broker requirements -- restrictions -- annual report -- fees
61-4-129. Assignment of demonstrator plates
61-4-130. Courtesy license plates -- issuance -- restrictions on use
61-4-132. Right of designated family member to succeed in dealership ownership
61-4-133. Refusal to honor succession to ownership -- notice required
61-4-134. Procedure to determine right to succeed
61-4-135. Written designation of succession unaffected
61-4-136. Violation -- penalty
61-4-138. through 61-4-140 reserved
61-4-143. Unlawful curbstoning of vehicle for sale
61-4-144. through 61-4-149 reserved
61-4-150. Sale, transfer, or exchange of dealership -- notice -- response to notice