IC 9-32-19-22: Termination, cancellation, or refusal to renew all or part of a recreational vehicle dealer agreement by a dealer; good cause

Sec. 22. (a) A recreational vehicle dealer may terminate, cancel, or fail to renew all or part of a recreational vehicle dealer agreement at any time by giving at least thirty (30) days written notice to the recreational vehicle manufacturer or recreational vehicle distributor that is a party to the recreational vehicle dealer agreement.

(b) If the termination, cancellation, or nonrenewal is for good cause, then the recreational vehicle dealer has the burden of proof to show good cause.

(c) The following factors may be considered as proof to show good cause under this section:

(1) A recreational vehicle manufacturer or recreational vehicle distributor:

(A) is convicted of; or

(B) enters a plea of nolo contendere;

to a felony offense.

(2) The recreational vehicle manufacturer or recreational vehicle distributor has abandoned or closed business operations for at least ten (10) consecutive business days, unless the abandonment or closure is due to:

(A) an act of God;

(B) a strike;

(C) labor difficulty; or

(D) another cause that is not within the control of the recreational vehicle manufacturer or recreational vehicle distributor.

(3) A significant misrepresentation by the recreational vehicle manufacturer or recreational vehicle distributor was made that materially affects the business relationship with the recreational vehicle dealer.

(4) A material violation of the recreational vehicle dealer agreement occurred by the recreational vehicle manufacturer or recreational vehicle distributor, which is not cured not later than one hundred twenty (120) days after receiving written notice of the violation.

(5) A declaration of:

(A) insolvency;

(B) assignment for the benefit of creditors; or

(C) bankruptcy;

of the recreational vehicle manufacturer or recreational vehicle distributor.

(6) Coercion committed by the recreational vehicle manufacturer or recreational vehicle distributor.

(7) A violation of area of sales responsibility protections, or allowing other recreational vehicle dealers to violate such protections.