Oklahoma § 3-254.5 - Private right of action - Damages - Applicability Effect on multiple contracts - Dealer

§ 3-254.5. Private right of action - Damages - Applicability Effect on multiple contracts - Dealer

A. Any dealer harmed by the failure of a manufacturer to comply

with Section 254.3 or 254.4 of this title shall be entitled to bring

a private right of action against the manufacturer for the recovery

of the fair market value of the business affected and to recover

treble actual and special damages, and such other relief to which it

may be entitled at law or in equity. The dealer shall be entitled

to recover its reasonable attorney fees and all expenses and costs

incurred due to the private right of action if the dealer prevails.

In addition, if a manufacturer commits an act prohibited by Section

Oklahoma Statutes - Title 3. Aircraft and Airports

254.3 or 254.4 of this title, the manufacturer shall purchase from

the affected dealer the following items at the following prices:

1. All aircraft in the inventory of the dealer of aircraft held

for resale at the fair market value; and

2. All parts and supplies acquired by the dealer from the

manufacturer which are in the inventory of the dealer at the time of

the violation of the manufacturer at the current price list amounts

of the manufacturer; and

3. All equipment and specialty tools owned by the dealer and

purchased from the manufacturer for use in the sale, service, or

maintenance of the aircraft manufactured or sold to the dealer by

the manufacturer at the fair market value. If any items are

encumbered or subject to any outstanding financing statement, the

payments shall be made jointly to the dealer and the secured party

to the extent of their respective interests. If any items are

leased by the dealer, the manufacturer shall assume all future

obligations under the lease.

B. This section shall apply only to agreements between dealers

and manufacturers in effect prior to July 1, 2007, and all

revisions, modifications, extensions, amendments and replacements of

such agreements.

C. If the relationship between a manufacturer and a dealer is

set forth in more than one contract or agreement, then the revision,

modification, amendment, replacement, cancellation, termination, or

failure to renew of one or more such contracts or agreements shall

not deny the dealer a right of action under this section for any

acts by the manufacturer relating to the remaining contracts.

D. Any entity meeting the definition of “dealer” provided in

paragraph 2 of Section 254.2 of this title shall continue to be

considered a dealer for the purposes of this section and Sections

254.3, 254.4 and 254.6 of this title notwithstanding that any such

agreement or portion thereof is terminated, cancelled, or not

renewed by the manufacturer.

Added by Laws 2004, c. 286, § 4, eff. Nov. 1, 2004. Amended by Laws

2005, c. 107, § 4, eff. Nov. 1, 2005; Laws 2007, c. 198, § 2, eff.

July 1, 2007; Laws 2008, c. 292, § 5, emerg. eff. June 2, 2008.