15 U.S.C. § 2803

Trial and interim franchises

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(a) Nonapplicability of statutory nonrenewal provisionsThe provisions of section 2802 of this title shall not apply to the nonrenewal of any franchise relationship—(1) under a trial franchise; or(2) under an interim franchise.(b) DefinitionsFor purposes of this section—(1) The term “trial franchise” means any franchise—(A) which is entered into on or after June 19, 1978;(B) the franchisee of which has not previously been a party to a franchise with the franchisor;(C) the initial term of which is for a period of not more than 1 year; and(D) which is in writing and states clearly and conspicuously—(i) that the franchise is a trial franchise;(ii) the duration of the initial term of the franchise;(iii) that the franchisor may fail to renew the franchise relationship at the conclusion of the initial term stated in the franchise by notifying the franchisee, in accordance with the provisions of section 2804 of this title, of the franchisor’s intention not to renew the franchise relationship; and(iv) that the provisions of section 2802 of this title, limiting the right of a franchisor to fail to renew a franchise relationship, are not applicable to such trial franchise.(2) The term “trial franchise” does not include any unexpired period of any term of any franchise (other than a trial franchise, as defined by paragraph (1)) which was transferred or assigned by a franchisee to the extent authorized by the provisions of the franchise or any applicable provision of State law which permits such transfer or assignment, without regard to any provision of the franchise.(3) The term “interim franchise” means any franchise—(A) which is entered into on or after June 19, 1978;(B) the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years;(C) the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal—(i) was based upon a determination described in section 2802(b)(2)(E) of this title, and(ii) the requirements of section 2802(b)(2)(E) of this title were satisfied; and(D) which is in writing and states clearly and conspicuously—(i) that the franchise is an interim franchise;(ii) the duration of the franchise; and(iii) that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located if the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.(c) Nonrenewal upon meeting statutory notification requirementsIf the notification requirements of section 2804 of this title are met, any franchisor may fail to renew any franchise relationship—(1) under any trial franchise, at the conclusion of the initial term of such trial franchise; and(2) under any interim franchise, at the conclusion of the term of such interim franchise, if—(A) such nonrenewal is based upon a determination described in section 2802(b)(2)(E) of this title; and(B) the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.(Pub. L. 95–297, title I, § 103, June 19, 1978, 92 Stat. 328.)
Notes of Decisions
Cited in 32 cases (1 in the last 5 years), 1979–2022 · leading case: Ewing v. Amoco Oil Co.
Ewing v. Amoco Oil Co. (1987) ca10 · cites it 5× “See 15 U.S.C. § 2803 . The provisions of the PMPA that expressly restrict the ability of franchisors to terminate or fail to renew, 15 U.”
Esquivel v. Exxon Co., USA (1988) txwd · cites it 5× “15 U.S.C. § 2803 (a)(1). The only requirement for terminating a trial franchise is that proper notice be given, pursuant to § 2804, at the conclusion at the initial term of the trial franchise.”
California Service Station and Automotive Repair Ass'n v. Union Oil Co. (1991) calctapp · cites it 4× “( 15 U.S.C. § 2803 (b)(1)(C).) The good cause requirement for nonrenewal or termination of a regular franchise is not required for terminating a trial franchise.”
Wojciechowski v. Amoco Oil Co. (1980) wied · cites it 3× “” 15 U.S.C. § 2803 (b)(l)(D)(iii). As indicated earlier, defendant sent a notice to plaintiff on September 6, 1979.”
Jimico Enterprises, Inc. v. Lehigh Gas Corp. (2013) ca2 · cites it 3× “” 15 U.S.C. § 2803 (b)(1). 5 Between July 28, 2006, and April 1, 2007, without any notice, Lehigh terminated 6 its franchises with Jimieo and Brownson— first with Jimico’s two Angola stations, then with Brownson’s two New Baltimore stations, and finally with Jimico’s Seneca…”
Consumers Petroleum Co. v. Texaco, Inc., a Delaware Corporation (1986) ca6 · cites it 2× “” 15 U.S.C. § 2803 (b)(3). An interim franchise is, therefore, a franchise entered under a separate contract and independent of the prior franchise.”
Jeetendra L. Shukla, Individually v. Bp Exploration & Oil, Inc., A.K.A. Bp Oil Company, Petro Distributing, Inc. (1997) ca11 · cites it 2× “See 15 U.S.C. § 2803 (a)(1), (c)(1). Section 2804 provides that, in the absence of extenuating circumstances, the franchisor must provide the franchisee with written notice of its intention not to renew at least 90 days prior to the effective date of termination of the franchise.”
Coast Village, Inc. v. Equilon Enterprises, LLC (2001) cacd · cites it 2× “See 15 U.S.C. § 2803 (b)(1). (i) Provisions in both the RFL and the RSA requiring that lessees, in the event that they do sell, transfer, or otherwise assign their rights under the agreements), pay Equilon a transfer fee prior to or at the closing of the transfer (the “Transfer…”
Pearman v. Texaco, Inc. (1979) mowd · cites it 2× “See 15 U.S.C. § 2803 . The testimony presented by Texaco was that as standard policy all new franchisees are offered an initial one year lease.”
Glenside West Corp. v. Exxon Co., USA (1991) njd “15 U.S.C. § 2803 (a). As exceptions to this general rule, the PMPA provides two grounds on which a franchisor may terminate or fail to renew a franchise due to failure to perform on the part of the franchisee.”
Byron J. Freeman v. Bp Oil, Inc., Gulf Products Division (1988) ca11 · cites it 3× “See 15 U.S.C. § 2803 (a)(1), (c)(1) (1982). If the franchise was not a trial franchise, however, BP was required both to justify its nonrenewal under section 2802 and give the notice of nonrenewal required by section 2804.”
Santiago-Sepulveda v. Esso Standard Oil Co. (Puerto Rico), Inc. (2008) prd · cites it 2× “15 U.S.C. § 2803 (b)(1)(C). Along with the other dealers, he received notice of termination of market withdrawal in March 2008.”
— 15 U.S.C. § 2803(c)(1) — 1 case
Esquivel v. Exxon Co., USA (1988) txwd “15 U.S.C. § 2803 (a)(1). The only requirement for terminating a trial franchise is that proper notice be given, pursuant to § 2804, at the conclusion at the initial term of the trial franchise.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.