13-14-306.   Evidence to be considered in determining cause to relocate or establish a new franchised dealership.
     In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the advisory board and the executive director shall consider:
     (1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;
     (2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;
     (3) the permanency of the existing and proposed investment;
     (4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established;
     (5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the motor vehicles of the line-make, which shall include the adequacy of:
     (a) the motor vehicle sale and service facilities;
     (b) equipment;
     (c) supply of vehicle parts; and
     (d) qualified service personnel; and
     (6) whether the relocation or establishment would cause any material negative economic effect on a dealer of the same line-make in the relevant market area.

Amended by Chapter 362, 2008 General Session
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Last revised: Thursday, May 28, 2009