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North Dakota Century Code Title 51. Sales and Exchanges § 51-07-02.2. Dealership transfers

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1. A dealer of automobiles or trucks, farm equipment, or parts for automobiles, trucks, or farm equipment may not transfer, assign, or sell a dealer agreement to another person unless the dealer first provides written notice to the manufacturer or distributor of the intended action.  Within sixty days of receiving the notice, the manufacturer or distributor must approve or deny the action.  If the manufacturer or distributor denies the action, the manufacturer or distributor shall provide material reasons for the denial to the dealer.  If the manufacturer or distributor does not respond within the sixty-day period, the action is deemed approved.

2. A denial by the manufacturer or distributor to accept a proposed transferee who meets the written, reasonable, and uniformly applied standards of qualifications of the manufacturer or distributor relating to the financial qualifications of the transferee and business experience of the transferee is presumed to be unreasonable.  If an action is denied by the manufacturer or distributor, the dealer may file an action for determination of a violation of this subsection.  The dealer may pursue the dealer's remedy under the contract or the remedy provided in this subsection.  The manufacturer or distributor has the burden of proof regarding all issues raised in the action.  The court shall approve the transfer unless the manufacturer or distributor can prove the proposed transferee does not meet the written, reasonable, and uniformly applied standards regarding financial qualifications and business experience.

3. As used in this section, “farm equipment” has the same meaning as in section 51-07-01.2.

Cite this article: - North Dakota Century Code Title 51. Sales and Exchanges § 51-07-02.2. Dealership transfers - last updated January 01, 2020 |

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