New RV dealership, restrictions on operation or ownership by a manufacturer
In Missouri, a company that makes RVs is not allowed to own or run a new RV dealership. There are a few exceptions: the maker can run a dealership for up to 60 months while trying to sell it, or if an independent person is investing real money and working toward owning it, or if the maker has no other dealers of that brand in the state. A maker can also own a small piece (under 45%) of a company that runs dealerships, as long as certain conditions are met. This rule does not apply to makers who already owned or ran a dealership in Missouri before August 28, 2001.
407.1346. New RV , on operation or ownership by a . — 1. A manufacturer shall be prohibited from owning or operating a new RV dealership in this state. It is not a violation of this section for a manufacturer to own or operate a new RV dealership:
(1) For a temporary period of not more than sixty months if the dealership is for sale at a reasonable price and on reasonable terms and conditions to an qualified buyer; or
(2) In a relationship with an independent person who:
(a) Is required to make a significant investment in the new RV dealership subject to loss; and
(b) Operates the dealership and can reasonably expect to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions; or
(3) If the manufacturer has no other s of the same in this state.
2. Nothing in this section shall be to prohibit a manufacturer from owning a in an that owns RV dealerships of the same line-make manufactured and sold through dealers in this state by the manufacturer, provided that all of the following conditions are met at the time of acquisition and continue to be met during the time the entity maintains ownership:
(1) The interest owned by the manufacturer in said entity shall not exceed forty-five percent of the total ownership;
(2) All the manufacturer's dealer agreements confer rights on the dealer of the line-make to develop and operate, within a defined geographic territory or area, in as many dealership facilities as the dealer and manufacturer shall agree are .
3. Subsections 1 and 2 of this section shall not apply to manufacturers that own or operate an RV dealership in this state as of August 28, 2001.
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Source & history notes
(L. 2001 H.B. 575) Effective 8-01-02
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.