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.2006 LAWS OF MARYLAND
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Ch. 437
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[(4)] (5) A dealer, manufacturer, distributor, or factory branch may
appeal from a final judgment entered by a circuit court to the Court of Special
Appeals as provided in § 12-301 of the Courts and Judicial Proceedings Article.
(f) (1) In addition to any administrative and criminal sanctions imposed
under this subtitle, a manufacturer, distributor, or factory branch that terminates,
cancels, or fails to renew the franchise of a dealer in violation of this section shall pay
to the dealer the fair value of his business as a going concern.
(2) On payment, the dealer shall convey his business, free of liens and
encumbrances, to the manufacturer, distributor, or factory branch.
15-211.1.
(a) (1) A designated family member of a deceased or incapacitated dealer
may succeed the dealer in the ownership or operation of the dealership under the
existing franchise agreement if the designated family member:
(i) Gives the manufacturer, distributor, or factory branch written
notice of the designated family member's intention to succeed to the dealership within
120 days after the dealer's death or incapacity;
(ii) Agrees to be bound by all of the terms and conditions of the
franchise agreement; and
(iii) Meets the current criteria that the manufacturer, distributor, or
factory branch generally applies in qualifying dealers.
(2) A manufacturer, distributor, or factory branch may refuse to honor
the existing franchise agreement with the designated family member only for good
cause.
(b) (1) The manufacturer, distributor, or factory branch may request from a
designated family member personal and financial data reasonably necessary to
determine whether the existing franchise agreement should be honored.
(2) The designated family member shall supply the personal and
financial data promptly upon the request.
(c) If a manufacturer, distributor, or factory branch believes that good cause
exists for refusing to honor the succession, the manufacturer, distributor, or factory
branch may, within 60 days after receipt of the notice of the designated family
member's intent to succeed the dealer or, if the manufacturer, distributor, or factory
branch requested personal or financial data, within 60 days after the receipt of the
requested data, provide written notice to the designated family member of the
manufacturer, distributor, or factory branch's refusal to approve the succession.
(d) The notice of the manufacturer, distributor, or factory branch provided in
accordance with subsection (c) of this section shall state the specific grounds for the
refusal to approve the succession and that discontinuance of the franchise agreement
shall take effect not less than 90 days after the date the notice is provided.
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