O.C.G.A.

O.C.G.A. § 10-1-721 (2019)

Right to have trial franchise offered to designated family member; change of designation

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Effective January 1, 1988, no franchise agreement entered into between a producer and a dealer or a redistributor and a dealer shall deny a dealer the rights provided in this Code section.

(b) A dealer shall have the right, effective upon his death or retirement, to have the producer or redistributor offer a trial franchise to the designated family member who has been approved by the producer or redistributor in accordance with the producer’s or redistributor’s reasonable standard for personal and financial condition unless the producer or redistributor shows that the designated family member no longer meets the reasonable standards set at the time of designation of the previous approval. The foregoing shall not prohibit a producer or redistributor from requiring that the designated family member accept the trial franchise within 30 days of the dealer’s death or retirement and that the designated family member attend a training program offered by the producer or redistributor. As used in this Code section, the term “trial franchise” shall have the same meaning as provided in the federal Petroleum Marketing Practices Act (15 U.S.C. Section 2801, et seq.).

(c) A dealer and a producer or a dealer and a redistributor may mutually agree to change the family member designated. The designated family member shall provide, upon the request of the producer or redistributor, personal and financial data that are reasonably necessary to determine whether he or she meets the producer’s or redistributor’s reasonable standards. The producer or redistributor shall not be obligated to accept a designated family member under this subsection who does not meet the producer’s or redistributor’s reasonable standards but any refusal to accept the designated family member shall be given by the producer or redistributor in writing to the dealer and shall fairly state the reason therefor.

History

Code 1981, § 10-1-721, enacted by Ga. L. 1987, p. 1459, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2000, “U.S.C. Section” was substituted for

SELLING/OTHER TRADE PRACTICES

“U.S.C., paragraph” in the last sentence of subsection (b).

ARTICLE 26 MULTILINE HEAVY EQUIPMENT DEALERS Code Commission notes. Pursuant to Code Section 28-9-5, in 1989, the Article 26 that was enacted by Ga. L. 1989, p. 569, § 1, has been renumbered as Article 27 (Code Section 10-1-760). Editor’s notes. Ga. L. 1993, p. 1585, § 3, effective April

27, 1993, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 10-1-730 through 10-1-740 and was based on Ga. L. 1989, p. 1771, § 1 and Ga. L. 1992, p. 6, § 10.