Notwithstanding the
terms, provisions, or conditions of any agreement or franchise, the following
shall not constitute good cause, as used in sections 60-1420 and 60-1422,
for the termination or noncontinuation of a franchise, for changing the franchisee's community, or
for entering into a franchise for the establishment of an additional dealership
in a community for the same line-make:
(1) The sole fact that the franchisor desires further penetration
of the market;
(2) The change of ownership of the franchisee's dealership
or the change of executive management of the franchisee's dealership unless
the franchisor, having the burden of proof, proves that such change of ownership
or executive management will be substantially detrimental to the distribution
of the franchisor's motor vehicles, combination motor vehicles and trailers,
motorcycles, or trailer products or to competition in the community. Substantially
detrimental may include, but is not limited to, the failure of any proposed
transferee or individual to meet the current criteria generally applied by
the franchisor in qualifying new motor vehicle dealers; or
(3) The fact that the franchisee refused to purchase or accept
delivery of any motor vehicle, combination motor vehicle and trailer, motorcycle,
trailer, vehicle parts or accessories, or other commodity or service not ordered
by the franchisee.
Notes of Decisions
S & T MOTORS v. Gen. Motors Corp., 277 N.W.2d 701 (Neb. 1979).
· cites it 13× “Section 60-1429, R. R. S. 1943, provides in part as follows: “Notwithstanding the terms, provisions or conditions of any agreement or franchise, the following shall not constitute good cause for the termination or noncontinuation of a franchise, or for entering into a franchise…”
Am. Motors Sales Corp. v. Perkins, 251 N.W.2d 727 (Neb. 1977).
· cites it 2× “Section 60-1429, R. R. S. 1943, provides that the following are not good cause for the termination or discontinuance of a franchise or the establishment of an additional franchise: (1) The manufacturer’s desire for further sales penetration of the market; (2) change of ownership…”
Chrysler Corp. v. Lee Janssen Motor Co., 619 N.W.2d 78 (Neb. Ct. App. 2000).
· cites it 4× “of the same line-make; (6) Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for such warranty work performed by the franchisee; (7) Except as provided in section 60-1429, failure by…”
Neb. Rev. Stat. § 60-1429(2): 1 case
S & T MOTORS v. Gen. Motors Corp., 277 N.W.2d 701 (Neb. 1979).
“Section 60-1429, R. R. S. 1943, provides in part as follows: “Notwithstanding the terms, provisions or conditions of any agreement or franchise, the following shall not constitute good cause for the termination or noncontinuation of a franchise, or for entering into a franchise…”
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