South Carolina Code 56-15-47. Designation of successor to the dealership in the event of death or incapacity of motor vehicle dealer; requirements; burden of proof
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In South Carolina Code 56-15-47
- Executor: A male person named in a will to carry out the decedent
- Motor vehicle: means any motor driven vehicle required to be registered pursuant to § 56-3-110. See South Carolina Code 56-15-10
A manufacturer may not prevent a motor vehicle dealer from designating a successor to the dealership in the event of death or incapacity of the motor vehicle dealer. The designation may be made by the motor vehicle dealer by will or other written instrument or, in the event of his death or incapacity, by the qualified executor or personal representative of the motor vehicle dealer by will or other written instrument. No individual may succeed to a franchise until the franchisor has been given written notice as to the identity, financial ability, and qualifications of the successor in question. The manufacturer or distributor is not required to accept a succession which does not meet the manufacturer’s or distributor’s written, reasonable, and uniformly applied minimal standard qualifications. The burden of proof shall be on the manufacturer or distributor to show that the succession does not meet the manufacturer’s or distributor’s written, reasonable, and uniformly applied minimal standard qualifications.