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1(c) A significant misrepresentation by the manufacturer materially affecting
2the business relationship.
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(d) A material violation of this subchapter that is not cured within 30 days after
4written notice by the dealer.
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(e) A declaration by the manufacturer of insolvency, the occurrence of an
6assignment for the benefit of creditors, or bankruptcy.
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(f) A manufacturer's material violation of the dealer agreement that is not
8cured within 120 days after written notice by the dealer.
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(g) Manufacturer coercion of the dealer under s. 218.166.
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(h) Manufacturer violation of area of sales responsibility protections or
11allowing other dealers to violate these protections.
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12(3) If the dealer agreement is terminated, canceled, or not renewed by the
13dealer for good cause, the manufacturer shall, at the election of the dealer and within
1445 days after termination, cancellation, or nonrenewal, repurchase all of the
15following:
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(a) All new, untitled recreational vehicles that were acquired from the
17manufacturer or distributor within 18 months before the date of the notice of
18termination, cancellation, or nonrenewal that have not been used, except for
19demonstration purposes, and that have not been altered or damaged, at 100 percent
20of the net invoice cost, including transportation, less applicable rebates and
21discounts to the dealer. If any of the recreational vehicles repurchased is damaged,
22the amount due to the dealer shall be reduced by the cost to repair the damaged
23recreational vehicle. Damage prior to delivery to the dealer will not disqualify
24repurchase under this subsection. Any repurchased recreational vehicle must be
25paid for in full before the recreational vehicle is removed from the dealer's premises.
1Upon payment under this paragraph, recreational vehicles must be immediately
2surrendered to the manufacturer.
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(b) All undamaged accessories or proprietary parts sold to the dealer for resale
4within the 12 months prior to termination, cancellation, or nonrenewal, if
5accompanied by the original invoice, at 105 percent of the original net price paid to
6the manufacturer or distributor to compensate the dealer for handling, packing, and
7shipping the parts.
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(c) Any properly functioning diagnostic equipment, special tools, current
9signage, or other equipment and machinery at 100 percent of the dealer's net cost
10plus freight, destination, delivery, and distribution charges and sales taxes, if any,
11if the equipment, tools, signage, or machinery was purchased by the dealer within
125 years before termination, cancellation, or nonrenewal and upon the
13manufacturer's or distributor's request and can no longer be used in the normal
14course of the dealer's ongoing business.
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15(4) If a dealer agreement is terminated, canceled, or not renewed by the
16manufacturer or distributor without good cause in violation of sub. (1), the
17manufacturer or distributor shall repurchase dealer recreational vehicles,
18accessories, and other equipment in the manner provided in sub. (3).
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19(5) (a) A dealer is not prohibited from selling any remaining in-stock inventory
20of a particular model or line-make after a dealer agreement has been terminated,
21cancelled, or not renewed by the manufacturer.
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(b) If recreational vehicles of a model or line-make subject to a terminated
23agreement are not repurchased or required to be repurchased by the manufacturer
24or distributor, the dealer may continue to sell recreational vehicles that are subject
1to the terminated dealer agreement and are currently in stock until those
2recreational vehicles are no longer in the dealer's inventory.
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3(6) When taking on an additional line-make, a dealer shall notify in writing
4any manufacturer with whom the dealer has a dealer agreement of the same
5line-make at least 30 days prior to entering into a dealer agreement with the
6manufacturer of the additional line-make.
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7Section
21. 218.163 of the statutes is created to read:
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8218.163 Transfer of ownership.
(1) If a dealer desires to make a change in
9ownership by the sale of business assets, stock transfer, or otherwise, the dealer shall
10give the manufacturer or distributor written notice at least 10 business days before
11the closing, along with all supporting documentation as may be reasonably required
12by the manufacturer or distributor to determine if an objection to the sale may be
13made. In the absence of a breach by the selling dealer of its dealer agreement or this
14subchapter, the manufacturer or distributor may not object to the proposed change
15in ownership unless any of the following applies to the prospective transferee:
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(a) The transferee has previously been terminated for cause by the
17manufacturer.
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(b) The transferee has been convicted of a felony or any crime of fraud, deceit,
19or moral turpitude.
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(c) The transferee lacks any license required by law.
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(d) The transferee does not have an active line of credit sufficient to purchase
22a manufacturer's product.
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(e) The transferee has undergone in the last 10 years bankruptcy, insolvency,
24a general assignment for the benefit of creditors, or the appointment of a receiver,
25trustee, or conservator to take possession of the transferee's business or property.
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1(2) If a manufacturer or distributor objects to a proposed change in ownership,
2the manufacturer or distributor shall give written notice of its reasons to the dealer
3within 7 business days after receipt of the dealer's notification and complete
4documentation. The manufacturer or distributor has the burden of proof with regard
5to its objection. If the manufacturer or distributor does not give timely notice of its
6objection, the change, sale, or transfer shall be approved.
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7(3) (a) A manufacturer or distributor shall provide a dealer an opportunity to
8designate, in writing, a family member as a successor to the dealership in the event
9of the death, incapacity, or retirement of the dealer. A manufacturer or distributor
10may not prevent or refuse to honor the succession unless the manufacturer or
11distributor has provided to the dealer written notice of its objections within 10
12business days after receipt of the dealer's modification of the dealer's succession
13plan. In the absence of a breach of the dealer agreement, the manufacturer may
14object to the succession only for any of the following reasons:
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1. Conviction of the successor of a felony or any crime of fraud, deceit, or moral
16turpitude.
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2. Bankruptcy or insolvency of the successor during the past 10 years.
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3. Prior termination by the manufacturer of the successor for breach of a dealer
19agreement.
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4. The lack of an active line of credit for the successor sufficient to purchase the
21manufacturer's product.
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5. The lack of any license for the successor required by law.
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(b) The manufacturer or distributor has the burden of proof regarding its
24objection. A family member may not succeed to a dealership if the succession
1involves, without the manufacturer's or distributor's consent, a relocation of the
2business or an alteration of the terms and conditions of the dealer agreement.