A. Except as otherwise provided in this section, a supplier must provide a dealer at least one hundred eighty (180) days prior written notice of termination of a dealer agreement. The notice must state all reasons constituting good cause for such termination and must state that the dealer has sixty (60) days in which to cure any claimed deficiency. If the deficiency is rectified within sixty (60) days, the notice will be void. A supplier, other than a specialty agricultural equipment supplier, may not terminate a dealer agreement for the reason set forth in paragraph 8 of subsection A of Section 5 of this act unless the supplier gives the dealer notice of such action at least two (2) years before the effective date of the action. If the dealer achieves the supplier’s requirements for reasonable standards or performance objectives before the expiration of the two-year notice period, the notice will be void and the dealer agreement will continue in full force and effect. The notice and right to cure provisions under this section shall not apply if the reason for termination is for any reason set forth in paragraphs 1 through 7 of subsection A of Section 5 of this act.
B. If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an equity ownership interest therein, the supplier shall approve or deny such a request within sixty (60) days after receiving a written request from the dealer. If the supplier has neither approved nor denied the request within the sixty-day period, the request will be deemed approved. The dealer’s request shall include reasonable financial, personal background, character references and work history information for the acquiring persons. If a supplier denies a request made pursuant to this subsection, the supplier must provide the dealer with a written notice of the denial that states the reasons for the denial. A supplier may only deny a request based on the failure of the proposed transferees to meet the reasonable requirements consistently imposed by the supplier in determining approval of the transfer and/or approvals of new dealers.
C. If a dealer dies and the supplier has contractual authority to approve or deny a request for a sale or transfer of the dealer’s business or equity ownership interest therein, the dealer’s estate, or such other person with authority to transfer assets of the dealer, will have one hundred eighty (180) days to submit to the supplier a written request for a sale or transfer of the business or equity ownership interest. If the request is timely submitted, the supplier shall approve or deny the request in accordance with subsection B of this section. Notwithstanding anything to the contrary contained in the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act, any attempt by the supplier to terminate the dealer or the dealership as a result of the death of a dealer will be delayed until there has been compliance with the terms of this section or the one-hundred-eighty-day period has expired, as applicable.
D. The provisions of this section shall not apply to single-line dealer agreements.
Added by Laws 2011, c. 156, § 6, eff. Nov. 1, 2011.
Structure Oklahoma Statutes
§15-2. Requisites of a contract.
§15-11. Persons authorized to contract.
§15-12. Capacity of certain classes.
§15-13. Minors defined - Computing period of minority.
§15-15. Status of unborn child.
§15-16. Persons of unsound mind, who are.
§15-17. Disabilities of minor - What contracts prohibited.
§15-18. Contracts which minor may make.
§15-19. Disaffirmance of minor's contract.
§15-20. Necessaries - What contracts may not be disaffirmed.
§15-21. Disaffirmance of contracts authorized by statute.
§15-22. Persons without understanding - Contracts - Necessaries.
§15-23. Rescission by person of unsound mind.
§15-24. Judicial determination of incapacity, contracts after - Wills after restoration.
§15-25. Civil liability of minors and incompetents.
§15-26. Exemplary damages, minors' and incompetents' liability for.
§15-27. Minor may enforce rights by civil action - Guardian.
§15-28. Identity of parties to contract.
§15-29. Beneficiary may enforce.
§15-31. Uniform Minor Student Capacity to Borrow Act.
§15-33. Enforceable obligations.
§15-51. Essentials of consent.
§15-52. Rescission where consent not free.
§15-53. When consent not real.
§15-54. Consent deemed obtained through invalidating causes, when.
§15-56. Menace defined - Threats.
§15-59. Constructive fraud defined.
§15-60. Actual fraud a question of fact.
§15-61. Undue influence defined.
§15-63. Mistake of fact defined.
§15-64. Mistake of law defined.
§15-65. Mistake of foreign law.
§15-66. Mutual consent defined.
§15-67. Consent - How communicated.
§15-69. When consent deemed communicated - Acceptance.
§15-70. Certain acts as acceptance.
§15-71. Acceptance must be absolute.
§15-72. Revocation of proposal.
§15-74. Subsequent consent ratifies.
§15-75. Acceptance of benefit includes obligations.
§15-101. Object of a contract.
§15-102. Requisites of the object.
§15-104. Unlawful object - Performance impossible - Object vaguely expressed.
§15-106. Good consideration defined.
§15-107. Moral or legal obligation on promisor good as consideration.
§15-108. Consideration must be lawful.
§15-109. Effect of illegality of consideration.
§15-110. Executed or executory consideration.
§15-111. Executory - How determined.
§15-112. Amount of consideration where not specified.
§15-113. Contract void when consideration cannot be ascertained as agreed.
§15-115. Burden of proof as to consideration.
§15-131. Contract express or implied.
§15-132. Express contract defined.
§15-133. Implied contract defined.
§15-134. What contracts may be oral.
§15-135. Writing prevented by fraud - Enforcement against fraudulent party.
§15-137. Writing excludes oral negotiations or stipulations.
§15-138. Delivery, contract takes effect on.
§15-139. Seal - Necessity for seal abolished.
§15-140.1. Debt cancellation agreement.
§15-140.3. Motor vehicle financial protection products.
§15-140.4. Debt waiver obligations – Contractual liability policies.
§15-140.5. Vehicle value protection agreements.
§15-140.6. Promulgation of rules.
§15-140.7. Motor vehicle financial protection products not insurance.
§15-141.3. Enforcement of act.
§15-141.4. Licensure – Exemptions.
§15-141.5. Requirements for licensure.
§15-141.6. Unearned reserve account - Exceptions - Net asset ratios.
§15-141.7. Application for license - Investigation of applicant - Audited financial statements.
§15-141.8. Expiration and renewal of license.
§15-141.9. Revocation or suspension of license.
§15-141.11. Duration of suspension.
§15-141.12. Fine in lieu of suspension or revocation.
§15-141.13. See the following versions:
§15-141.13v1. Service warranty forms.
§15-141.13v2. Service warranty forms.
§15-141.14. Annual financial statement filing - Fines.
§15-141.15. Examinations of service warranty associations.
§15-141.16. Permanent office records.
§15-141.17. Service of process.
§15-141.18. Registry of name and business address of sales representatives.
§15-141.19. Administrative penalties.
§15-141.20. Prohibited conduct.
§15-141.21. Service warranty disclosure statement.
§15-141.22. Dissolution or liquidation of association.
§15-141.23. Fraudulent applications - Violations of act - Criminal penalties.
§15-141.25. Prohibited conduct.
§15-141.26. Unfair methods of competition and unfair or deceptive acts.
§15-141.27. Scope of investigation.
§15-141.29. Final order - Cease and desist order.
§15-141.30. Violations of act - Injunctive relief.
§15-141.31. Act relation to civil and common law.
§15-141.32. Privileged and confidential records.
§15-141.33. Examination of claim files.
§15-141.34. Ex parte cease and desist order.
§15-141.35. Cease and desist order – Procedure - Hearing.
§15-151. All contracts, public and private, interpreted by same rules.
§15-153. Intention ascertained, how.
§15-155. Intention ascertained from writing.
§15-156. Real intention not expressed - Error to be disregarded.
§15-157. Effect given to every part.
§15-158. Several contracts taken as one.
§15-159. Interpretation favors validity.
§15-160. Words to be taken in ordinary sense - Exceptions.
§15-163. Circumstances explain.
§15-164. Terms restricted to intention of parties.
§15-165. Promisor's belief as to promisee's understanding governs in case of ambiguity.
§15-166. Part subordinate to whole.
§15-167. Written and original parts control.
§15-168. Repugnancy - How reconciled.
§15-169. Inconsistent words rejected.
§15-171. Reasonable stipulations implied.
§15-172. Necessary incidents implied, when.
§15-173. Reasonable time allowed where not specified - Immediate performance.
§15-174. Time not of essence unless so provided.
§15-175. Promise presumed joint and several, when.
§15-176. Promise of several in singular form.
§15-177. Executed and executory contracts defined.
§15-211. What contracts are unlawful.
§15-212. Certain contracts against policy of law.
§15-212.1. Notice exempting business entity from liability for personal injury void.
§15-214. Attempt to fix damages void except as provided.
§15-215. Amount presumed to be damages, provision for.
§15-216. Resort to courts, provisions restricting - Limiting time therefor.
§15-218. Restraint of trade - Exception as to sale of goodwill.
§15-219. Restraint of trade - Exception as to partners.
§15-219A. Noncompetition agreements.
§15-219B. Solicitation of employees.
§15-220. Restraint of marriage.
§15-222. Rental of goods or rental-related services - Automatic renewal provisions.
§15-231. Contract may be extinguished.
§15-232. Rescission extinguishes.
§15-233. Rescission - Cases when party may rescind.
§15-233A. Procedures in actions for rescission.
§15-233B. Form of relief in actions for rescission.
§15-234. Stipulation as to errors of description as affecting rescission.
§15-235. Duty of party attempting rescission.
§15-236. Oral contract may be altered by writing - Extinguishment in part.
§15-237. Written contract altered, how.
§15-238. Extinguishment by destruction or cancellation.
§15-239. Destruction, cancellation or alteration by party entitled to benefit.
§15-240. Duplicate, effect of altering or destroying.
§15-241. Restoration of thing unlawfully taken.
§15-242. Demand for thing unlawfully obtained unnecessary - Exceptions.
§15-244A. Legislative findings.
§15-245A.5. Dealer warranty claims.
§15-246. Payment of equipment after agreement termination.
§15-249. Waiver - Choice of law - Attorney's fees - Validity.
§15-250A. Supplemental provisions.
§15-251. Civil actions - Attorney fees.
§15-262. Repayment must be made in current funds.
§15-263. Loan presumes interest.
§15-265. Interest prescribed presumed annual.
§15-266. Legal and contract rates of interest.
§15-275. Interest on contracts after breach.
§15-276. Action to collect upon obligation to repay money after default - Attorney fees.
§15-291. Loan for use defined.
§15-292. Title and increase belong to lender.
§15-294. Living animals - Care required of borrower.
§15-298. Relending by borrower forbidden.
§15-299. Expenses during loan.
§15-300. Lender liable for defects.
§15-301. Lender may require return, when.
§15-302. Demand for return, necessity of - Place of return.
§15-304. Loan for use or exchange.
§15-305. Title in loan for exchange - Expenses - Increase.
§15-306. Lender cannot modify contract.
§15-322. Consent of principal unnecessary.
§15-324. Guaranty must be in writing - Consideration need not be expressed.
§15-325. When promise deemed original.
§15-326. Notice of acceptance of guaranty, necessity of.
§15-327. Terms implied where principal contract is not completed.
§15-328. Guaranty of solvency.
§15-329. Guaranty of solvency - Failure to take proceedings.
§15-330. Removal from state deemed equivalent to insolvency.
§15-331. Guaranty deemed unconditional.
§15-332. Guarantor liable on default of principal without notice.
§15-333. Guaranty of conditional obligation.
§15-334. Limitation of guarantor's obligation.
§15-335. Guarantor not liable on unlawful contract - Disability of principal.
§15-337. Revocation of continuing guaranty.
§15-338. Exoneration of guarantor.
§15-339. Void promise of creditor as altering obligation, etc.
§15-340. Rescission of new agreement as restoring guarantor's liability.
§15-341. Partial satisfaction as reducing guarantor's obligation.
§15-342. Delay of creditor does not exonerate.
§15-343. Liability of indemnified guarantor.
§15-344. Discharge of principal by operation of law as affecting guarantor.
§15-372. Apparent principal may show himself surety.
§15-374. Rules of interpretation.
§15-375. Judgment does not change relation.
§15-376. Exoneration of surety by performance or offer thereof.
§15-377. Exoneration of surety generally.
§15-378. Surety has right of guarantor.
§15-379. Proceedings against principal, surety may require.
§15-380. Compelling principal to perform obligation.
§15-381. Reimbursement of surety.
§15-382. Surety's rights against principal and cosureties.
§15-383. Security, rights of surety as to.
§15-384. Application of hypothecated property.
§15-385. Creditor entitled to all securities.
§15-422. Indemnity against unlawful act void.
§15-423. Indemnity against unlawful act valid if act already done.
§15-424. Agents' acts covered by indemnity agreements.
§15-425. Several persons means each.
§15-426. Joint and separate liability.
§15-427. Rules for interpretation.
§15-428. Reimbursement of indemnitor.
§15-430. Governed by law of bail.
§15-441. Classes of bailments.
§15-443. Involuntary bailments.
§15-444. Involuntary bailee must take charge if able.
§15-445. Bailment for safekeeping.
§15-446. Bailment for exchange.
§15-447. Redelivery on demand.
§15-450. Notice to owner of adverse claim.
§15-451. Notice to true owner of wrongful detention.
§15-452. Delivery to disagreeing owners.
§15-453. Bailor must be indemnified for damages.
§15-456. Damages for wrongful use.
§15-457. Sale of perishing thing.
§15-458. Presumed negligence for injury.
§15-459. Duties and liabilities of bailee rendering services.
§15-462. Involuntary bailment is gratuitous.
§15-463. Gratuitous bailee - Slight care.
§15-464. Gratuitous bailee - When duties cease.
§15-466. Bailee for hire - Ordinary care required.
§15-467. Rate of compensation.
§15-468. Termination of bailment.
§15-469. Termination on payment of full compensation.
§15-470. Things intentionally abandoned.
§15-471. Bailment for exchange transfers title.
§15-501. Liability and lien of keeper of an inn or boarding house.
§15-503. Hotels, apartment hotels, inns - Guest rooms to have suitable locks.
§15-503a. Safe, vault or other depository - Notice - Liability to guest for loss of property.
§15-503b. Liability for loss of or damage to property of guest.
§15-503c. "Apartment hotel" defined.
§15-511. Finder a bailee, when.
§15-512. Finder must notify owner if known.
§15-513. Claimant must prove ownership.
§15-514. Compensation and reward for service.
§15-515. Exoneration of finder from liability by storing with another.
§15-516. Finder may sell, when.
§15-518. Surrender of thing to finder.
§15-561. "Contract of sale," "person," defined.
§15-562. Contract of sale valid, when.
§15-563. Brokers - Parties liable.
§15-564. Contract of sale - When invalid.
§15-565. Bucket shops defined and prohibited.
§15-566. Prima facie evidence of illegality of contract and operation of bucketshop.
§15-567. Punishment for violations - Second offenses - Forfeiture of corporate charters.
§15-569. Market quotations and news, right to receive and post - Delivery, etc., contemplated.
§15-570. Partial invalidity of act.
§15-598.3. Sales below cost prohibited in certain cases.
§15-598.4. Punishment for sales below cost.
§15-598.5. Injunctive relief - Damages - Prima facie evidence.
§15-598.7. Meeting competitor's prices.
§15-598.8. Determination of cost in case of sale outside ordinary channels of trade.
§15-598.9. Witnesses - Production of books, records, etc.
§15-598.10. Trade association may sue.
§15-598.11. Partial invalidity.
§15-653. Purchase or sale other than in regular course of trade or business - Sales to employees.
§15-654. Advertising selling at wholesale prices.
§15-656. Injunction - Costs - Damages.
§15-677. Commission - Time when due.
§15-678. Termination of contract - Payment of commission - Attorney's fees and court costs.
§15-683. Cancellation of contract.
§15-684. Form and requisites of contract.
§15-685. Disclosure of certain information to customer - Time period.
§15-686. Financial requirements of invention developer.
§15-687. Restrictions on use of negotiable instruments.
§15-688. Maintenance of records and correspondence.
§15-689. Act not exclusive - Noncompliance - Violations - Remedies - Application of act.
§15-694. Sale of die, mold, form or pattern - Notice to customer.
§15-721. Unsolicited goods - Receipt deemed unconditional gift - Injunctive relief.
§15-722. Unsolicited goods sent by organization to member after termination of membership.
§15-755.1. Automatic dial announcing devices - Operation - Conditions.
§15-755.2. Contracts - Calls from automatic dial answering devices - Voidability.
§15-755.3. Message relaying services.
§15-756.1. Actions by Attorney General or district attorney - Consent judgment - Orders.
§15-758. Subpoenas, hearings, rules and regulations.
§15-759. Service of notice, demand or subpoena.
§15-760. Enforcement of notice, demand or subpoena powers.
§15-761.1. Liability under Consumer Protection Act.
§15-762. Additional powers and duties.
§15-763. Effect on other remedies.
§15-764.1. Definitions - Rescission period.
§15-765.1. Short title - Construction of violations.
§15-765.2. Definitions - Application of act.
§15-765.3. Acts constituting fraud.
§15-765.4. Inspection and removal of mold.
§15-765.6. Construction contracts may include notice and offer to repair provisions.
§15-766. Application of closing out provisions.
§15-769. Issuance of license - Conditions on sale.
§15-770. Revocation of license.
§15-775A.1. Legislative findings.
§15-775A.3. Registration with Attorney General.
§15-775A.4. Unlawful telemarketing practices.
§15-775B.3. Registry of consumers not desiring unsolicited telemarketing calls.
§15-775B.6. Violation - Administrative fines.
§15-775B.7. Telemarketer Revolving Fund.
§15-775C.1. Short title - Telephone Solicitation Act of 2022.
§15-775C.4. Unlawful phone calls.
§15-775C.6. Actions - Remedies.
§15-776.1. Fraudulent electronic mail messages.
§15-776.5. Commercial electronic mail – Definitions.
§15-776.6. Commercial electronic messages – Violations.
§15-776.10. Fraudulent use of web page or Internet domain name.
§15-776.11. Civil action – Standing – Remedies – Attorney fees and costs – Nature of violations.
§15-776.20. Legislative findings.
§15-776.23. Unlawful acts - Exceptions - Penalties.
§15-777.3. Limitation of action.
§15-778. Military service member contracts - Termination, suspension, reinstatement.
§15-782. Legislative findings and intent.
§15-784. Third party prescription program defined.
§15-785. Requirements for instituting third party prescription programs.
§15-786. Identification cards - Ineligibility - Notice.
§15-788. Reimbursement rate - Right to participate in third party prescription program.
§15-789. Enforcement of act - Rules and regulations.
§15-790. Copyright owners and performing rights societies - Royalty contracts.
§15-797. Unlawful gift certificate or gift card sales – Exemptions – Dormancy fees - Refunds.
§15-798. Gift certificate or gift card value – Trust property.
§15-799A.1. Short title - Oklahoma INFORM Act.
§15-799A.3. Online marketplaces – High-volume seller information required.
§15-799A.4. Disclosure of identity information high-volume sellers to consumers.
§15-799A.5. Reporting mechanism for consumers.
§15-799A.6. Notice and suspension of sales activity.
§15-799A.7. Attorney General – Civil action authority.
§15-799A.8. Prohibited from imposing certain requirements on online marketplaces.
§15-821. Unenforceable contract provisions.
§15-901. Motor vehicles - Repairing under warranty.
§15-901.1. Lemon Law Buyback certificate of title notation.
§15-902. Installation or reinstallation of object in lieu of airbag - Violation - Penalty.
§15-910.2. Manufacturer warranty - Repairs.
§15-910.3. Required actions of manufacturer after failure to repair - Refunds.
§15-910.5. Right to alternate arbitration - Construction of act - Waiver - Actions for damages.
§15-954. Manufacturer's logo or name - Affixing to any aftermarket crash part.
§15-956. Violations - Enforcement.
§15-1003. Statutory form for power of attorney.
§15-1004. Durability of power of attorney.
§15-1005. Construction of power generally.
§15-1006. Construction of power relating to real property transactions.
§15-1007. Construction of power relating to tangible personal property transactions.
§15-1008. Construction of power relating to stock and bond transactions.
§15-1009. Construction of power relating to commodity and option transactions.
§15-1010. Construction of power relating to banking and other financial institution transactions.
§15-1011. Construction of power relating to business operating transactions.
§15-1012. Construction of power relating to insurance transactions.
§15-1013. Construction of power relating to estate, trust, and other beneficiary transactions.
§15-1014. Construction of power relating to claims and litigation.
§15-1015. Construction of power relating to personal and family maintenance.
§15-1017. Construction of power relating to retirement plan transactions.
§15-1018. Construction of power relating to tax matters.