61-4-133. Refusal to honor succession to ownership -- notice required. (1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, the manufacturer, factory branch, distributor, or importer may, within 30 days of receipt of notice of the designated family member's intent to succeed the dealer in the ownership and operation of the dealership, serve upon the designated family member and the department notice of its refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.
(2) The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served.
(3) If notice of refusal and discontinuance is not timely served upon the designated family member and the department or if the department rules in favor of the designated family member in a hearing held pursuant to 61-4-134, the franchise agreement must continue in effect subject to termination only as otherwise permitted by law.
(4) In the event that a manufacturer, factory branch, distributor, or importer refuses to honor the family member's succession to the ownership and operation of the dealership without complying with this part, the designated family member may commence a proceeding before the department for declaratory judgment against the manufacturer, factory branch, distributor, or importer for an order that the designated family member's right to succession be recognized. The burden of proof, rights, and remedies in the action are the same as if the designated family member had filed a notice of objection to a notice of refusal and discontinuance filed by a manufacturer, factory branch, distributor, or importer.
History: En. 51-611 by Sec. 3, Ch. 381, L. 1977; R.C.M. 1947, 51-611; amd. Sec. 6, Ch. 221, L. 1997; amd. Sec. 12, 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