Revised Code of Washington
Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.
46.96.090 - Payments by manufacturer for dealership facilities.

RCW 46.96.090
Payments by manufacturer for dealership facilities.

(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request and option of the new motor vehicle dealer, also pay to the new motor vehicle dealer the dealer costs for any relocation, substantial alteration, or remodeling of a dealer's facilities required by a manufacturer for the granting of a franchise or the continuance or renewal of a franchise agreement completed within three years of the termination, cancellation, or nonrenewal and:
(a) A sum equivalent to rent for the unexpired term of the lease or one year, whichever is less, or such longer term as provided in the franchise, if the new motor vehicle dealer is leasing the new motor vehicle dealership facilities from a lessor other than the manufacturer; or
(b) A sum equivalent to the reasonable rental value of the new motor vehicle dealership facilities for one year or until the facilities are leased or sold, whichever is less, if the new motor vehicle dealer owns the new motor vehicle dealership facilities.
(2) The rental payment required under subsection (1) of this section is only required to the extent that the facilities were used for activities under the franchise and only to the extent the facilities were not leased for unrelated purposes. If the rental payment under subsection (1) of this section is made, the manufacturer is entitled to possession and use of the new motor vehicle dealership facilities for the period rent is paid.

[ 2014 c 214 § 5; 2010 c 178 § 3; 1989 c 415 § 9.]
NOTES:

Application—2014 c 214: See note following RCW 46.70.045.

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.

46.96.010 - Legislative findings.

46.96.020 - Definitions.

46.96.030 - Termination, cancellation, or nonrenewal of franchise restricted.

46.96.035 - Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.

46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

46.96.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

46.96.060 - Good cause, what constitutes—Burden of proof.

46.96.070 - Notice of termination, cancellation, or nonrenewal.

46.96.080 - Payments by manufacturer to dealer for inventory, equipment, etc.

46.96.090 - Payments by manufacturer for dealership facilities.

46.96.095 - Compensation by manufacturer for labor and parts required to perform recall repairs—Applicability to certain used vehicles—Reimbursement claims—Recovery of costs—Remedy, exclusive.

46.96.100 - Mitigation of damages.

46.96.105 - Warranty work.

46.96.110 - Designated successor to franchise ownership.

46.96.140 - Relevant market area—Definition—New or relocated dealerships, notice of.

46.96.150 - Protest of new or relocated dealership—Hearing—Arbitration.

46.96.160 - Factors considered by administrative law judge.

46.96.170 - Hearing—Procedures, costs, appeal.

46.96.180 - Exceptions.

46.96.185 - Unfair practices—Exemptions—Definitions.

46.96.190 - Prohibited practices by manufacturer.

46.96.192 - Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.

46.96.194 - Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.

46.96.196 - Practices by brand owner.

46.96.200 - Sale, transfer, or exchange of franchise.

46.96.210 - Petition and hearing—Filing fee, costs, security.

46.96.220 - Right of first refusal.

46.96.230 - Manufacturer incentive programs.

46.96.240 - Venue.

46.96.250 - Immunity of franchisees and assigns.

46.96.260 - Civil actions for violations.

46.96.270 - Release of dealer and customer data and information—Access to management computer systems—Immunity.