Unlawful coercive practices

It shall be unlawful for any grantor, directly or through any officer, agent, or employee: (1) To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or (2) To coerce, or attempt to coerce, any dealer to enter into an 480 10-1-679.7 SELLING/OTHER TRADE PRACTICES 10-1-679.9 agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any recreational vehicle dealership franchise agreement existing between such grantor and such dealer. History. Code 1981, § 10-1-679.7, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.8. Sale or transfer of ownership or change in management of dealerships; unlawful practices; required notices. It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale of the business assets, stock transfer, or otherwise, or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer shall not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The recreational vehicle dealer must give the manufacturer 30 days’ written notice prior to the closing of such agreement. If the manufacturer rejects a proposed change or sale, the manufacturer shall give written notice of its reasons to the recreational vehicle dealer within 30 days after receipt of the dealer notification and complete documentation. If no such notice is given to the recreational vehicle dealer, the change or sale shall be deemed approved. The burden of proving that any sale or transfer is not reasonable shall be on the grantor. History. Code 1981, § 10-1-679.8, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.9. Designated successor due to death, incapacity, or retirement; objection. (a) It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer. (b) It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so 481 10-1-679.9 COMMERCE AND TRADE 10-1-679.10 designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor. (c) Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantor’s consent, a relocation of the business. History. Code 1981, § 10-1-679.9, enacted by Ga. L. 2005, p. 1233, § 2/SB 155. 10-1-679.10. Requirements for warranty work and service.