West Virginia Code 47-11C-4 – Disclosures to prospective dealers
A producer shall disclose in writing to any prospective dealer the following information, before any franchise is concluded:
Terms Used In West Virginia Code 47-11C-4
- Dealer: means any person, other than an agent or employee of a producer, who is engaged in the retail sale of petroleum products under a franchise agreement as defined by this section. See West Virginia Code 47-11C-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Producer: means every person who produces, refines, manufactures, processes or otherwise alters any motor fuel and other petroleum products for sale or use in this state. See West Virginia Code 47-11C-2
(1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period which the location has been supplied by the producer, whichever is shorter;
(2) The name and last-known home address of the previous dealer or dealers for the last three years, or for and during the entire period for which the location has been supplied by the producer, whichever is shorter, and the reason or reasons for the termination of each dealer franchise;
(3) Any legally binding commitments for the sale, demolition or other disposition of the location;
(4) The training programs, if any, and the specified goods and services the producer will provide for and to the dealer;
(5) Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the producer, its subsidiaries, any other company or any advertising and promotional items that the dealer must accept;
(6) Full disclosure of all restrictions on the sale, transfer, renewal and termination of the agreement.