87-708. Death or incapacity of dealer; heirs or personal representative; rights and remedies.
(1) In the event of the death or incapacity of a dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heirs at law if the dealer or majority stockholder died intestate or the personal representative under the terms of the deceased dealer's or majority stockholder's last will and testament if the dealer or majority stockholder died testate, repurchase the inventory and specialized repair tools from the estate as provided in section 87-707 as if the supplier had terminated the dealer agreement. The heirs or personal representative shall have twelve months from the date of the death of the dealer or majority stockholder to exercise the option. Nothing in this section shall require the repurchase if the heirs or personal representative and the supplier enter into a new dealer agreement. Nothing in this section shall prevent the application of any provisions of the dealer agreement pertaining to death of the dealer or succession to the extent such provisions are not inconsistent with this section. Nothing in this section shall entitle an heir, devisee, or personal representative of a deceased dealer or majority stockholder to continue to operate the dealership without the consent of the supplier.
(2) This section shall be supplemental to any provisions of the dealer agreement covering the return of inventory or specialized repair tools which provide the dealer with greater protection. The heirs or personal representative may pursue either the contract remedy or the remedy provided in this section, and an election to pursue the contract remedy shall not bar pursuit of the remedy provided in this section as to inventory or tools not affected by the contract remedy. Nothing in this section shall preclude a price for the inventory or tools which is greater than the total provided for in section 87-707.
Source
Structure Nebraska Revised Statutes
87-129 - Mark; not registered; when.
87-130 - Application for registration; contents.
87-132 - Certificate of registration; contents; how treated.
87-133 - Registration; term; renewal; renewal fee; prior registration and proceedings.
87-134 - Registration; assignment; change of name; other recordings; fees.
87-136 - Cancellation from register.
87-137 - Classification of goods and services; rules and regulations.
87-138 - Fraudulent representation; liability.
87-139 - Unauthorized use; liability.
87-140 - Famous mark; factors; remedies.
87-141 - Injunction; damages; attorney's fees.
87-142 - Cancellation or registration of mark; action; procedure.
87-143 - Common law; construction of act.
87-144 - Fees; not refundable.
87-209 - Trade name; not registered; when.
87-210 - Trade name; application for registration; requirements; Secretary of State.
87-211 - Trade name; registration; term effective; renewal; fee; statement.
87-212 - Trade name; assignment; recordation; fee.
87-213 - Secretary of State; record; public examination.
87-214 - Registration; Secretary of State; cancel; when.
87-215 - False representation or declaration; damages.
87-216 - Action for misuse; when.
87-217 - Injury to business; injunction; remedies; attorney's fees.
87-218 - Trade name; enforcement of rights.
87-219 - Trade name; publication; file; failure; effect.
87-219.01 - Trade name; protest registration; procedure.
87-302 - Deceptive trade practices; enumerated.
87-303 - Deceptive trade practices; damages; injunction; costs; additional remedy.
87-303.01 - Unconscionable act or practice; violation; determination.
87-303.02 - Deceptive trade practice or unconscionable act; Attorney General; powers.
87-303.03 - Attorney General; additional powers.
87-303.04 - Attorney General; order; failure or refusal to obey; court; powers.
87-303.06 - Claims not barred.
87-303.07 - Sale or lease agreement; unenforceable; when.
87-303.08 - Violations; penalty.
87-303.09 - Injunction, declaratory judgment, written assurance; violation; penalty.
87-303.10 - Civil action; statute of limitations.
87-303.11 - Violations; civil penalty; recovery; procedure.
87-304 - Applicability of act.
87-403 - Franchise; sections, applicable; when.
87-406 - Prohibited practices; enumerated.
87-407 - Sections; applicability.
87-408 - Action by franchisee; defense.
87-409 - Franchisee; action to recover damages; injunction; costs.
87-411 - Motor fuel franchises; death of franchisee; effect.
87-412 - Designation of successor in interest; rights; notice of election to operate franchise.
87-413 - Successor in interest; trial lease and franchise agreement; procedure.
87-414 - Applicability of sections.
87-503 - Misappropriation; injunction; royalty; affirmative acts.
87-504 - Misappropriation; damages.
87-505 - Court proceedings; preserve secrecy.
87-506 - Statute of limitation.
87-507 - Applicability of act.
87-603 - Contract for invention development services; requirements; option to terminate.
87-605 - Contract for invention development services; written report; contents.
87-606 - Contract for invention development services; contents.
87-608 - Attorney General; enforcement duties; civil penalty.
87-609 - Invention developer; bond; filings required; fees.
87-610 - Remedies; not exclusive.
87-702 - Legislative findings.
87-706 - Repair parts; returns; duties of supplier.
87-707 - Termination of dealer agreement; supplier and dealer; rights and duties; liability.
87-708 - Death or incapacity of dealer; heirs or personal representative; rights and remedies.
87-709 - Dealer agreement; void and unenforceable; when; violations; remedies.
87-710 - Obligations; applicability to successors.
87-803 - Breach of security; investigation; notice to resident; notice to Attorney General.
87-804 - Compliance with notice requirements; manner.
87-805 - Waiver; void and unenforceable.