Maine Revised Statutes Title 10 Sec. 1246 – Survivorship
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1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions.
A. Any designated family member of a deceased or incapacitated new personal sports mobile dealer who has been designated as successor to that dealer in writing to the manufacturer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement, if the designated family member gives the manufacturer of new personal sports mobiles a written notice of the intention to succeed to the dealership within 120 days of the dealer’s death or incapacity. The designated family member may not succeed the dealer if there exists good cause for refusal to honor the succession on the part of the manufacturer. [PL 1997, c. 473, §3 (NEW).]
B. The manufacturer may request and the designated family member shall provide, upon the request, on forms provided for that purpose, personal and financial data that is reasonably necessary to determine whether the succession may be honored. [PL 1997, c. 473, §3 (NEW).]
[PL 1997, c. 473, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1246
- Designated family member: means the spouse, child, grandchild, parent or sibling of the owner of a new personal sports mobile dealership who in the case of the owner's death is entitled to inherit the ownership interest in the new personal sports mobile dealership under the terms of the owner's will or who in the case of an incapacitated owner of a new personal sports mobile dealership has been appointed by a court as the legal representative of the new personal sports mobile dealer's property. See Maine Revised Statutes Title 10 Sec. 1242
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "wholesaler" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1242
- New personal sports mobile: means a personal sports mobile that has not been sold previously to any person except a distributor or wholesaler or personal sports mobile dealer for resale. See Maine Revised Statutes Title 10 Sec. 1242
- person: includes any other entity in which the person has a majority interest or effectively controls, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile: means any snowmobile as defined in Title 12, section 13001, subsection 25; any all-terrain vehicle as defined in Title 12, section 13001, subsection 3; any motorcycle as defined in Title 29?A, section 101, subsection 38; and any personal watercraft as defined in Title 12, section 13001, subsection 23. See Maine Revised Statutes Title 10 Sec. 1242
- Personal sports mobile dealer: means any person who sells or solicits or advertises the sale of new or used personal sports mobiles. See Maine Revised Statutes Title 10 Sec. 1242
2. Refusal to honor; notice required. The refusal to honor the right of a designated family member to succeed in dealer ownership is governed by the following provisions.
A. If a manufacturer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member of a deceased or incapacitated new personal sports mobile dealer under the existing franchise agreement, the manufacturer may, within 60 days of receipt of the information requested in subsection 1, paragraph B, serve upon the designated family member notice of its refusal to honor the succession or its intent to discontinue the existing franchise agreement with the dealership. Such discontinuance may not take place sooner than 90 days from the date the notice is served. [PL 1997, c. 473, §3 (NEW).]
B. The notice must state the specific grounds for the refusal to honor the succession and the intent to discontinue the existing franchise agreement with the dealership no sooner than 90 days from the date the notice is served. [PL 1997, c. 473, §3 (NEW).]
C. If notice of refusal and discontinuance is not timely served upon the designated family member, the franchise agreement continues in effect subject to termination only as otherwise permitted by this section. [PL 1997, c. 473, §3 (NEW).]
[PL 1997, c. 473, §3 (NEW).]
3. Written designation of succession unaffected. This section does not preclude a new personal sports mobile dealer from designating any person as that new personal sports mobile dealer’s successor by written instrument filed with the manufacturer.
[PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW).