West Virginia Code
Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers
§17A-6A-5. Circumstances Not Constituting Good Cause

Notwithstanding any agreement, the following alone does not constitute good cause for the termination, cancellation, nonrenewal, or discontinuance of a dealer agreement under 17A-6A-4 of this code.
(1) A change in ownership of the new motor vehicle dealers dealership. This section does not authorize any change in ownership which would have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturers or distributors prior written consent which may not be unreasonably or untimely withheld.
(2) The refusal of the new motor vehicle dealer to purchase or accept delivery of any new motor vehicle parts, accessories, or any other commodity or services not ordered by the new motor vehicle dealer.
(3) The fact that the new motor vehicle dealer owns, has an investment in, participates in the management of, or holds a dealer agreement for the sale of another make or line of new motor vehicles, or that the new motor vehicle dealer has established another make or line of new motor vehicles in the same dealership facilities as those of the manufacturer or distributor: Provided, That the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicles, and that the new motor vehicle dealer remains in substantial compliance with the terms and conditions of the dealer agreement and with any reasonable facilities requirements of the manufacturer or distributor.
(4) The fact that the new motor vehicle dealer designates as an executive manager or sells or transfers ownership of the dealership or sells or transfers capital stock in the dealership to the new motor vehicle dealers spouse, son, or daughter: Provided, That the sale or transfer shall not have the effect of a sale or an assignment of the dealer agreement or a change in the principal management of the dealership without the manufacturers or distributors prior written consent, which may not be unreasonably or untimely withheld or refused in a manner inconsistent with 17A-6A-11 of this code.
(5) This section does not apply to any voluntary agreement entered into after a disagreement or civil action has arisen for which the dealer has accepted separate and valuable consideration. Any prospective agreement is void as a matter of law.

Structure West Virginia Code

West Virginia Code

Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions

Article 6A. Motor Vehicle Dealers, Distributors, Wholesalers and Manufacturers

§17A-6A-1. Legislative Finding

§17A-6A-2. Governing Law

§17A-6A-3. Definitions

§17A-6A-4. Cancellation of Dealer Contract; Notification

§17A-6A-5. Circumstances Not Constituting Good Cause

§17A-6A-6. Burden of Proof

§17A-6A-7. Notice Provisions

§17A-6A-8. Reasonable Compensation to Dealer

§17A-6A-8a. Compensation to Dealers for Service Rendered

§17A-6A-9. Payment of Compensation

§17A-6A-10. Prohibited Practices

§17A-6A-11. Motor Vehicle Dealer Successorship or Change in Executive Management

§17A-6A-12. Establishment and Relocation or Establishment of Additional Dealers

§17A-6A-12a. Restriction on Motor Vehicle Dealer's Use of Dealership Property

§17A-6A-13. Obligations Regarding Warranties

§17A-6A-14. Acceptance of Vehicles; Risk of Loss or Damage

§17A-6A-14a. Open Account Protection

§17A-6A-15. Indemnity

§17A-6A-15a. Dealer Data, Obligation of Manufacturer, Vendors, Suppliers and Others; Consent to Access Dealership Information; Unlawful Activities; Indemnification of Dealer

§17A-6A-15b. Exports; Rebuttable Presumption on Behalf of Dealer

§17A-6A-15c. Manufacturer Performance Standards; Uniform Application; Prohibited Practices

§17A-6A-16. Actions at Law; Damages

§17A-6A-17. Injunctive Relief

§17A-6A-18. West Virginia Law to Apply