State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-1430_01

60-1430.01. Succession to new motor vehicledealership by family member; conditions.(1) Any designatedfamily member of a deceased or incapacitated new motor vehicle dealer maysucceed the dealer in the ownership or operation of the dealership under theexisting dealer agreement if the designated family member gives the manufactureror distributor written notice of his or her intention to succeed to the dealershipwithin one hundred twenty days after the dealer's death or incapacity, agreesto be bound by all of the terms and conditions of the dealer agreement, andmeets the current criteria generally applied by the manufacturer or distributorin qualifying new motor vehicle dealers. A manufacturer or distributor mayrefuse to honor the existing dealer agreement with the designated family memberonly for good cause.(2) The manufacturer or distributor may request from a designated familymember such personal financial data as is reasonably necessary to determinewhether the existing dealer agreement should be honored. The designated familymember shall supply the personal and financial data promptly upon the request.(3) If a manufacturer or distributor believes that good cause existsfor refusing to honor that succession, the manufacturer or distributor may,within sixty days after receipt of the notice of the designated family member'sintent to succeed the dealer in the ownership and operation of the dealership,or within sixty days after the receipt of the requested personal and financialdata, whichever is later, serve upon the designated family member notice ofits refusal to approve the succession.(4) The notice of the manufacturer or distributor provided in subsection(3) of this section shall state the specific ground for the refusal to approvethe succession and that discontinuance of the agreement shall take effectnot less than ninety days after the date the notice is served.(5) If notice of refusal is not served within the sixty days providedfor in subsection (3) of this section, the dealer agreement shall continuein effect and shall be subject to termination only as otherwise permittedby the Motor Vehicle Industry RegulationAct.(6) This section shall not preclude a new motor vehicle dealer fromdesignating any person as his or her successor by written instrument filedwith the manufacturer or distributor, and if such an instrument is filed,it alone shall determine the succession rights to the management and operationof the dealership. SourceLaws 1984, LB 825, § 34; Laws 2010, LB816, § 78.