Termination notice, requirements, contents
When a company that makes RVs wants to end its deal with an RV dealer, it normally has to give the dealer at least 120 days written notice. The notice must explain why. The dealer then has 30 days to say in writing that it wants to fix the problems. If the dealer does that, it gets the full 120 days to fix them. If the problems get fixed in time, the termination notice is cancelled. If the dealer does not respond in 30 days, the deal ends 30 days after the dealer got the notice, unless the dealer still has unsold RVs — in that case the dealer can ask for more time to sell them, but no longer than 120 days total. In serious situations — like the dealer being convicted of a felony, closing the business for 10 days in a row, lying to the manufacturer, or losing their dealer license — the notice period drops to just 30 days. If the dealer goes bankrupt or becomes insolvent, no notice is required at all. A dealer that wants to end the agreement on its own just has to give the manufacturer at least 30 days written notice.
407.1326. notice, requirements, contents. — 1. Except as provided in this section, a shall provide an RV at least one hundred twenty days prior written notice of termination. The notice shall state all the reasons for termination and shall further state that if, within thirty days following receipt of the manufacturer's notice, the RV dealer provides to the manufacturer a written notice of intent to all claimed deficiencies, the RV dealer will then have one hundred twenty days from the date of the manufacturer's notice to such deficiencies. If the is rectified within one hundred twenty days, the manufacturer's notice shall be . However, if the RV dealer fails to provide the notice of intent to cure deficiencies in the time period, the termination shall take effect thirty days after the RV dealer's receipt of the manufacturer's notice unless the dealer has new and untitled on hand in which case, if requested by the dealer, it will take effect upon the sale of the remaining inventory but in no event later than one hundred twenty days from the manufacturer's notice of termination.
2. The one hundred twenty day-notice may be reduced to thirty days' notice if the grounds for termination are* due to:
(1) of or pleas of to a of an RV dealer, or one of its owners;
(2) The business operations of the RV dealer have been or closed for ten business days unless the closing is due to an , strike or labor difficulty, or other cause over which the dealer has no control;
(3) A by the RV dealer; or
(4) The , , or refusal to renew the RV dealer's .
3. The notice of this section shall not apply if the reason for termination is , the of an or bankruptcy.
4. A dealer may terminate its at any time by giving written notice of such intention to the** manufacturer at least thirty days prior to the specified for termination.
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Source & history notes
(L. 2001 H.B. 575) Effective 8-01-02 *Word "is" appears in original rolls. **Word "the" does not appear in original rolls.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.