2011 Missouri Revised Statutes
TITLE XXVI TRADE AND COMMERCE
Chapter 407 Merchandising Practices
Section 407.819. Successor manufacturer, restrictions on line-make franchise offers--fair market value calculation.
Successor manufacturer, restrictions on line-make franchise offers--fair market value calculation.
407.819. 1. Notwithstanding any provision in a franchise to the contrary, no successor manufacturer shall, for a period of two years from the date of acquisition of control by that successor manufacturer of a line-make from a predecessor manufacturer, offer a franchise to any person for a line-make of a predecessor manufacturer in any portion of the relevant market area in which the predecessor manufacturer previously cancelled, terminated, noncontinued, failed to renew, or otherwise ended a franchise agreement with a franchisee who had a franchise facility in that relevant market area without first offering the franchise to the former franchisee at no cost, unless:
(1) Within sixty days of the former franchisee's cancellation, termination, noncontinuance, or nonrenewal, the predecessor manufacturer had consolidated the line-make with another of its line-makes for which the predecessor manufacturer had a franchisee with a then-existing franchise facility in that relevant market area;
(2) The successor manufacturer has paid the former franchisee the fair market value of the former franchisee's motor vehicle dealership in accordance with this section;
(3) The predecessor manufacturer successfully terminated the former franchisee under subdivision (5) of section 407.825.
2. For purposes of this section, the fair market value of a former franchisee's motor vehicle dealership shall be calculated as of the date of the following that yields the highest fair market value: the date the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal; the date the action that resulted in cancellation, termination, noncontinuance, or nonrenewal became final; or the date twelve months prior to the date that the predecessor manufacturer announced the action that resulted in the cancellation, termination, noncontinuance, or nonrenewal.
(L. 2010 H.B. 2198)
Annotation Copyright Missouri Joint Committee on Legislative Research
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