(A) A manufacturer may not terminate or cancel a franchise or selling agreement of a motor vehicle dealer without due cause.
(B) The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation regardless of the terms of the franchise or selling agreement.
(C) In determining whether due cause exists, the court shall take into consideration:
(1) the motor vehicle dealer's sales in relation to the business available to the motor vehicle dealer;
(2) the motor vehicle dealer's investments and obligations;
(3) whether the motor vehicle dealer was provided adequate inventory;
(4) injury to the public welfare;
(5) the adequacy of the motor vehicle dealer's sales and service facilities, equipment, and parts;
(6) the qualifications of the management, sales, and service personnel to provide the consumer with reasonably good service and care of new motor vehicles;
(7) the motor vehicle dealer's failure to comply with the requirements of the franchise agreement;
(8) the opportunity to cure the alleged breach; and
(9) the harm caused to the manufacturer or distributor.
HISTORY: 2013 Act No. 44, Section 5, eff June 7, 2013.
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