O.C.G.A.

O.C.G.A. § 13-8-17.1 (2019)

Time for audits of dealerships

✓ 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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Agreements to which article applies. Failure to renew, termination of, or restriction on transfer of franchise without due cause.

Damages recoverable for injuries sustained by violations; class actions; punitive damages. Contracts and agreements in violation of article deemed void. Repurchase of inventory upon termination of franchise; payment for inventory repurchased; title to repurchased inventory; exempt inventory items; civil liability for failure to repurchase inventory. Repurchase of inventory upon death or incapacity of dealer or majority stockholder of corporate dealer. Indemnification of dealer for losses relating to manufacture, assembly, design, or functions beyond control of dealer. Applicability of article to existing contracts without expiration dates and to contracts entered or renewed on or after July 1, 2002. Article 3 Regulation of Farm Equipment Manufacturers, Distributors, and Dealers Legislative findings. Definitions. Persons subject to provisions of article. Unfair competition; unfair or deceptive acts. Unfair methods of competition and unfair or deceptive acts or practices. Predelivery and preparation obligations; repair parts availability; return of surplus parts inventory. Warranty agreements; disapproval of claims under warranty agreements; special handling of claims; calculation of compensation to dealer for warranty work. Agreements to which article shall apply. Failure to renew, termination of, Sec.

or restriction on transfer of franchise without due cause. Damages recoverable for injuries sustained by violations of article; class actions; punitive damages. Contracts and agreements in violation of article as void. Repurchase of inventory upon termination of franchise; payment for inventory repurchased; title to repurchased inventory; exempt inventory items; civil liability for failure to repurchase inventory. Repurchase of inventory upon death or incapacity of dealer or majority stockholder of corporate dealer. Indemnification of dealer for losses relating to manufacture, assembly, design, or functions beyond control of dealer. Applicability of article to existing contracts without expiration dates and to contracts entered or renewed after November 1, 1982.

Sec.

Article 4 (For effective date, see note.) Definitions. (For effective date, see note.) Application. (For effective date, see note.) Enforcement of covenants; determining competitive status; time geographic limitations. (For effective date, see note.) Judicial construction of covenants. (For effective date, see note.) Requirements of person seeking enforcement of covenants. (For effective date, see note.) Reasonableness determinations restricting competition; presumptions. (For effective date, see note.) Reasonableness determinations restricting time; presumptions. (For effective date, see note.) Enforcement by third parties. (For effective date, see note.) Construction with federal provisions.

Restrictive Covenants in Contracts (For effective date, see note.) Legislative findings.

Annotations

Cross references. - Contracts to force or restrain marriage, §§ 19-3-6, 19-3-7.

ARTICLE 1 GENERAL PROVISIONS Editor’s notes. - Ga. L. 1982, p. 1753, § 1, effective November 1, 1982, designated

§§ 13-8-1 through 13-8-4 as Article 1 of this chapter.