Indiana § 9-32-15-5 - Notice of refusal to honor franchise

§ 9-32-15-5. Notice of refusal to honor franchise

Sec. 5. (a) Not later than sixty (60) days after receipt of:

(1) notice from a designated family member under section 4(1) of this chapter; or

(2) requested personal or financial data under section 4(4) of this chapter;

a manufacturer or distributor that determines that good cause exists for refusing to honor an existing franchise shall serve notice of the determination on the designated family member.

(b) The notice required under subsection (a) must state the following:

(1) The specific grounds for the manufacturer's or distributor's determination.

(2) The date on which the existing franchise will be discontinued, which must be at least ninety (90) days after the date the notice is served.

(c) If notice of the manufacturer's determination is not served within the time specified in subsection (a) and does not comply with subsection (b), the franchise must be honored and is not subject to discontinuance under this chapter.

As added by P.L.92-2013, SEC.78.

IC 9-32-16Chapter 16. Administration and Legal Proceedings

9-32-16-1Administration of dealer services by secretary of state 9-32-16-1.3Required training course for used motor vehicle dealer license applicants 9-32-16-2Applications and licenses or endorsement; discipline; revocation and suspension of licenses; persons not issued a license 9-32-16-3Information or documents considered law enforcement records 9-32-16-4Compliance with request, order, or subpoena for production of documentary evidence 9-32-16-5Dealers to provide staff of division access to dealer's premises and records 9-32-16-6Dealer required to make and maintain records; data storage; retention of records; production of records 9-32-16-6.3Listing of items not included in the advertised sale price 9-32-16-7Secretary of state to provide assistance to other state or foreign jurisdiction 9-32-16-8Person required to cooperate with division; failure to cooperate 9-32-16-9Copying of records 9-32-16-10Referrals to local prosecuting attorney 9-32-16-11Filings with business services division; background check; change of dealer owner or dealer manager; notification of certain convictions 9-32-16-12False or misleading statements or omitted facts 9-32-16-13Secretary of state to maintain injunctive action; court remedy and relief; director not required to post bond; penalties 9-32-16-14Public or private investigations by secretary; enforcement of compliance with investigation; witness fees and mileage 9-32-16-15Dealers; unfair practices; mediation 9-32-16-16Certain actions prohibited 9-32-16-17License to operate