32-6B-48. Factors in determining cause for establishing additional franchise for same line-make. In determining whether cause is established for entering into an additional franchise for the same line-make, the department shall consider the existing circumstances, including, but not limited to:
(1) The amount of business transacted by existing franchisees of the same line-make in that community;
(2) Whether the franchisees of the same line-make in that community are making a good faith effort to sell the franchisor's product;
(3) Investment necessarily made and obligations incurred by existing franchisees of the same line-make in the community in the performance of their part of their franchises;
(4) The effect on the retail vehicle business as a whole in that community;
(5) The general quality and reputation of existing franchisees in the community and their ability to provide consumer care and service; and
(6) Whether it is injurious to the public interest for an additional franchise to be established.Source: SL 1986, ch 250, § 49.
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