Arizona Laws 28-4463. Burden of proof and consideration
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In determining whether good cause for the refusal to honor the succession exists, the manufacturer:
Terms Used In Arizona Laws 28-4463
- Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
- Franchisor: means a person who both:
(a) Manufactures or distributes new motor vehicles. See Arizona Laws 28-4301
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Manufacturer: means any person who either:
(a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301
- Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
1. Has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor‘s existing and reasonable standards, including financial standards.
2. Must consider the volume of sales and service of the new motor vehicle dealer using uniformly applied minimum business experience standards in the market area.