Application

The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 2002. History. Code 1981, § 10-1-678, enacted by Ga. L. 2001, p. 778, § 1; Ga. L. 2002, p. 1021, § 2. ARTICLE 22B RECREATIONAL VEHICLE DEALERS 10-1-679. Definitions; considerations in determining “good cause”. (a) As used in this article, the term: (1) “Community of interest” means a continuing financial interest between the grantor and the grantee in either the operation of the dealership business or the marketing of such goods or services. (2) “Franchise” means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a recreational vehicle dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of recreational vehicle products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise. (3) “Grantor” means a person who grants a recreational vehicle dealership. (4) “Person” means a natural person, partnership, joint venture, corporation, or other entity. (5) “Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are as follows: travel trailer, camping trailer, truck camper, motor home, park trailer, and fifth wheel travel trailer. (6) “Recreational vehicle dealer” or “dealer” means a person who is a grantee of a recreational vehicle dealership situated in Georgia. (7) “Recreational vehicle dealership” means an established place of business engaged in the marketing of new recreational vehicle 476 10-1-679 SELLING/OTHER TRADE PRACTICES 10-1-679.1 products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise, and which is marked by an appropriate permanent sign, a working telephone with a telephone number listed in the local phone directory, and which derives at least 75 percent of its revenue from the sale of new recreational vehicles and recreational vehicle related products and services. (8) “Warrantor” means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components thereof. Such term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer. (b) For purposes of this article when determining whether there is “good cause” for a proposed action, the trier of fact shall consider: (1) The volume of the affected dealer’s business in the relevant market area; (2) The nature and extent of the dealer’s investment in its business; (3) The adequacy of the dealer’s service facilities, equipment, parts, supplies, and personnel; (4) The effect of the proposed action on the community; (5) The extent and quality of the dealer’s service under recreational vehicle warranties; and (6) The dealer’s performance under the terms of its franchise agreement. History. Code 1981, § 10-1-679, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.1. Legislative intent; variation by contract of article’s effect prohibited. (a) This article shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) The underlying purposes and policies of this article are: (1) To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis; (2) To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and 477 10-1-679.1 COMMERCE AND TRADE 10-1-679.4 superior bargaining power in the negotiations of recreational vehicle dealerships; (3) To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and (4) To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States. (c) The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only. History. Code 1981, § 10-1-679.1, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.2. Designated sales area for recreational vehicle dealer. The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market will support the establishment of a new dealership. History. Code 1981, § 10-1-679.2, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.3. Published prices, charges, and terms of sale.