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§ 818.507. Transfer of dealership and family succession

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: October 24, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 22A. Board of Vehicles Act (Refs & Annos)
Chapter 5. Recreational Vehicles (Refs & Annos)
Effective: October 24, 2019
63 P.S. § 818.507
§ 818.507. Transfer of dealership and family succession
(a) General rule.--
(1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer or otherwise, the dealer shall give the manufacturer or distributor written notice at least 30 business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its manufacturer/dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee:
(i) has previously been terminated by the manufacturer for breach of its dealer agreement;
(ii) has been convicted of a felony or a crime of fraud, deceit or moral turpitude;
(iii) lacks a license required by law;
(iv) does not have an active line of credit sufficient to purchase a manufacturer's product; or
(v) has undergone in the last 10 years bankruptcy, insolvency, a general assignment for the benefit of creditors or the appointment of a receiver, trustee or conservator to take possession of the transferee's business or property.
(2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within 10 business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(3) It is unlawful for a manufacturer or distributor to fail to provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership. It is unlawful to prevent or refuse to honor the succession to a dealership by a family member of the dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within 10 days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only:
(i) conviction of the successor of a felony or a crime of fraud, deceit or moral turpitude;
(ii) bankruptcy or insolvency of the successor during the past 10 years;
(iii) prior termination by the manufacturer of the successor for breach of a dealer agreement;
(iv) the successor does not have an active line of credit sufficient to purchase the manufacturer's product; or
(v) the successor lacks a license required by law.
(b) Burden of proof.--The manufacturer or distributor has the burden of proof regarding the manufacturer's or distributor's objection. A family member may not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.

Credits

1983, Dec. 22, P.L. 306, No. 84, § 507 [63 P.S. § 818.507], added 2018, Oct. 24, P.L. 816, No. 134, § 21, effective in 365 days [Oct. 24, 2019].
63 P.S. § 818.507, PA ST 63 P.S. § 818.507
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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