Kentucky Statutes 190A.030 – Conditions applicable to area of sales responsibility of a new recreational vehicle dealer included in an agreement between a new recreational vehicle manufacturer and a dealer — Prohibition against sales activity outsid…
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(1) The following conditions shall apply to the area of sales responsibility of a new recreational vehicle dealer included in a dealer agreement between a new recreational vehicle manufacturer and a dealer:
(a) A manufacturer or distributor shall not sell a recreational vehicle in this state to or through a dealer without first having entered into a written dealer agreement with a dealer which has been signed by both parties;
(b) The new recreational vehicle manufacturer shall designate in the dealer agreement the area of sales responsibility in which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a line- make included in the dealer agreement;
(c) The manufacturer shall not contract with another dealer for the sale of the same line-make included in the designated area for the duration of the agreement; and
(d) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement.
(2) A new recreational vehicle dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided in KRS § 190.030(7) and the laws of this state.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 3, effective January 1, 2015.
(a) A manufacturer or distributor shall not sell a recreational vehicle in this state to or through a dealer without first having entered into a written dealer agreement with a dealer which has been signed by both parties;
Terms Used In Kentucky Statutes 190A.030
- Contract: A legal written agreement that becomes binding when signed.
- Dealer agreement: means a written agreement or contract entered into between a new recreational vehicle manufacturer and a new recreational vehicle dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer has the exclusive right to sell specific line-makes and models of the manufacturer's new recreational vehicles. See Kentucky Statutes 190A.010
- Line-make: means a specific series of recreational vehicle products that: (a) Are identified by a common series trade name or trademark. See Kentucky Statutes 190A.010
- Manufacturer: means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new recreational vehicles, or imports for distribution through distributors of new recreational vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer. See Kentucky Statutes 190A.010
- New recreational vehicle: means a recreational vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold to the holder of a valid dealer agreement, granted by the manufacturer, or distributor for the sale of the line-
make of new recreational vehicle, and on which the original title has not been issued from the franchised dealer. See Kentucky Statutes 190A.010 - New recreational vehicle dealer: means a recreational vehicle dealer who holds a valid dealer agreement, sales and service agreement, franchise, or contract granted by the manufacturer for the sale of the manufacturer's new recreational vehicles. See Kentucky Statutes 190A.010
- recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers, and folding camping trailers. See Kentucky Statutes 190A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The new recreational vehicle manufacturer shall designate in the dealer agreement the area of sales responsibility in which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a line- make included in the dealer agreement;
(c) The manufacturer shall not contract with another dealer for the sale of the same line-make included in the designated area for the duration of the agreement; and
(d) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement.
(2) A new recreational vehicle dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided in KRS § 190.030(7) and the laws of this state.
Effective: January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 3, effective January 1, 2015.