Consent to Transfer of Dealer's Business; Notice of Withholding of Consent; Assumption of Transferor's Obligations and Rights; Burden of Proving Justification for Denying Consent

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Multiline Heavy Equipment Dealers
  6. Consent to Transfer of Dealer's Business; Notice of Withholding of Consent; Assumption of Transferor's Obligations and Rights; Burden of Proving Justification for Denying Consent

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  1. No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer's business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the multiline dealer written notice thereof, stating the specific reasons for withholding consent.No prospective transferee shall be disqualified to be a multiline dealer because it is a publicly held corporation.A supplier shall have 45 days to consider a multiline dealer's request to make a transfer under this subsection.
  2. Whenever a transfer of a multiline dealer's business occurs, the transferee shall assume all the obligations imposed on and succeed to all the rights held by the selling multiline dealer by virtue of any agreement consistent with this article between the selling multiline dealer and one or more suppliers entered into prior to the transfer.
  3. In any dispute as to whether a supplier has denied consent in violation of this Code section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.

(Code 1981, §10-1-734, enacted by Ga. L. 1993, p. 1585, § 3.)


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