Notice of termination or cancellation, contents
When a boat manufacturer wants to end a deal with a boat dealer, they have to give the dealer a written warning at least 90 days ahead of time. That warning must say why the deal is being ended, and the dealer gets those 90 days to fix the problem. If the dealer fixes the problem in time, the warning means nothing. If the dealer does not fix it in time, the end date moves to 60 days after the dealer got the warning — unless the dealer still has unsold boats, in which case it can stretch up to 90 days. A dealer can also end the deal on their own by giving 90 days written notice to the manufacturer. The 90-day warning can be shortened to 60 days for serious reasons like a felony conviction, abandoning the business, lying, or losing a license. No advance notice at all is needed if the dealer goes bankrupt or becomes unable to pay their debts.
407.1364. Notice of or , contents. — 1. Except as provided in this section, a boat, marine, , or shall provide a boat, marine, vessel, or personal watercraft at least ninety days' prior written notice of termination, cancellation, or of the . The notice shall state all the reasons for termination, cancellation, or nonrenewal of the dealership agreement and shall provide the said dealer the aforesaid ninety days in which to any claimed . If the deficiency is rectified within the aforesaid ninety days, the manufacturer's notice shall be . However, if the dealer fails to provide the notice of intent to cure deficiencies in the prescribed time period, the termination shall take effect sixty days after the 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 ninety days from the manufacturer's notice of termination.
2. The notice and right to cure in this section shall not apply if the reason for termination, cancellation, or nonrenewal is for as defined in section 407.1360.
3. A dealer may terminate its at any time by giving written notice of said intentions to the manufacturer at least ninety days prior to the specified for termination.
4. The ninety-day notice may be reduced to sixty days' notice if the grounds for termination are due to:
(1) of or pleas of to a of a dealer, or one of its owners;
(2) The business operations of the dealer have been or closed for thirty days unless the closing is due to an or other cause over which the dealer has no control;
(3) A by the dealer; or
(4) The , , or refusal to renew the dealer's .
5. The provisions of this section regarding notice shall not apply if the reason for termination is , the of an , or bankruptcy.
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Source & history notes
(L. 2004 H.B. 1288)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.