16-1204.   Notice of termination, cancellation ornonrenewal ofdealership agreement; cure of deficiency; approval of dealershiptransfer.(a) Except as otherwise provided in this section, a farm equipmentmanufacturer shall provide a farm equipment dealer at least ninety-days'prior written notice of termination, cancellation or nonrenewal of thedealership agreement. The notice shall state all reasons constituting goodcause for termination, cancellation or nonrenewal and shall provide thatthe dealer has 60 days in which to cure any claimed deficiency. If thedeficiency is rectified within 60 days the notice shall be void. The noticeand right to cure provisions under this section shall not apply if thereason for termination, cancellation or nonrenewal is for any reason setforth in subsections (a) through (h) of K.S.A. 16-1203 and amendmentsthereto.

      (b)   In the event that a farm equipment manufacturer has contractualauthority to approve or deny a request by a farm equipment dealer to sell ortransfer any portion the dealer's business ownership to another party or toenter into an agreement to operate the dealership with another party, themanufacturer shall approve or deny such a request within 90 days afterreceiving the request.If the manufacturer hasneither approved nor denied the request within 90 days, the request shall bedeemed approved.The farm equipment dealer's request shall include thereasonable financial information, personal background, character references andwork histories as required by the manufacturer to render such a determination. In the event the manufacturer denies the request, the manufacturer shallprovide the farm equipment dealer with a written notice of its determinationwith the stated reasons for the denial.

      History:   L. 1986, ch. 2, § 4;L. 1998, ch. 79, § 1; July 1.