Ark. Code Ann. » Title 4 Chapter 72
Arkansas Code Annotated

Ark. Code Ann. § 4-72-309 (2020)

Liability for failure to repurchase

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this subchapter within sixty (60) days after shipment of the inventory, he or she shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney's fees, court costs, and interest on the current net price computed at the legal interest rate from the sixty-first day after shipment.

History. Acts 1979, No. 810, § 6; A.S.A. 1947, § 70-824.

Case Notes

Applicability.

Circuit court properly concluded that a retailer had sufficiently stated a claim under the Arkansas Farm Equipment Retailer Franchise Protection Act where the retailer asserted a violation under § 4-72-304, not this section, and thus, it was not required to allege that it shipped the inventory back to the mower distributor. R.W. Distribs., Inc. v. Texarkana Tractor Co., 2018 Ark. App. 345, 553 S.W.3d 187 (2018).

Notes of Decisions
Cited in 2 cases, 2008–2009 · leading case: Larry Hobbs Farm Equip., Inc. v. CNH Am., LLC, 291 S.W.3d 190 (Ark. 2009).
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Larry Hobbs Farm Equip., Inc. v. CNH Am., LLC, 291 S.W.3d 190 (Ark. 2009). · cites it 8× “Under the facts of this case, whether the sole remedies for a violation of the Arkansas Farm Equipment Retailer Franchise Protection Act (AF-ERFPA) are: (1) the requirement that the manufacturer repurchase inventory for a termination without good cause, and (2) damages, costs,…”
Larry Hobbs Farm Equip., Inc. v. CNH Am., LLC, 287 S.W.3d 550 (Ark. 2008). · cites it 2× “Under the facts of this case, whether the sole remedies for a violation of the Arkansas Farm Equipment Retailer Franchise Protection Act are: (1) the requirement that the manufacturer repurchase inventory for a termination without good cause, and (2) damages, costs, and…”
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