LD 1931
pg. 2
Page 1 of 7 An Act to Amend the Franchise Law Page 3 of 7
Download Bill Text
LR 2820
Item 1

 
I. To prevent or attempt to prevent by contract or otherwise
a motor vehicle dealer or an officer, partner or stockholder
of a motor vehicle dealer from selling or transferring any
part of the interest of any of them to any other person or
persons or party or parties, except that a dealer, officer,
partner or stockholder does not have the right to sell,
transfer or assign the franchise or power of management or
control under that franchise without the consent of the
manufacturer, distributor or wholesaler, which may not be
unreasonably withheld.

 
A franchisor may not exercise a right of first refusal or
other right to acquire a motor vehicle franchise from a
franchisee as a means to influence the consideration or
other terms offered by a person in connection with the
acquisition of the franchise or to influence a person to
refrain from entering into, or to withdraw from,
negotiations for the acquisition of the franchise.

 
A franchisor may exercise a right of first refusal or other
right to acquire a franchise from a franchisee if all of the
following requirements are met.

 
(1) At the election of the franchisee, the franchisor
assumes the lease for or acquires the real property on
which the franchise is conducted on the same terms as
those on which the real property or lease was to be
sold or transferred to the acquiring transferee in
connection with the sale of the franchise, unless
otherwise agreed to by the franchisee and the
franchisor;.

 
(2) The franchisor assumes all of the obligations of
the underlying agreement or proposal that entitles the
franchisor to exercise the right of first refusal; and.

 
(3) The franchisor reimburses the acquiring transferee of the
motor vehicle franchise for the reasonable expenses paid or
incurred by the transferee in evaluating and investigating the
franchise and negotiating and pursuing the acquisition of the
franchise prior to the franchisor's exercise of the right of
first refusal or other right to acquire the franchise. For
purposes of this subsection, expenses to evaluate and investigate
the franchise include, in addition to any other expenses
associated with the evaluation and investigation of the
franchise, legal and accounting expenses and expenses associated
with the evaluation and investigation of any real property


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