§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal
(a) In the event of a termination, cancellation, or nonrenewal under this chapter; and
(1) the new motor vehicle dealer is leasing the dealership facilities from a lessor other
than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum
equivalent to the rent for the unexpired term of the lease or one year’s rent, whichever
is less;
(2) if the new motor vehicle dealer owns the dealership facilities, the manufacturer shall
pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of
the dealership facilities for one year.
(b) If the termination, cancellation, or nonrenewal is pursuant to subdivision 4090(a)(2)(B) of this title, then, with respect to such facilities as were required as a condition of the franchise
and used to conduct sales and service operations related to the franchise product,
the manufacturer or distributor shall, in addition to the relief described in subsection
(a) of this section:
(1) assume the obligations for any lease of the dealership facilities for the unexpired
term of the lease or three years’ rent, whichever is less;
(2) arrange for a new lease of any dealership facilities; or
(3) negotiate a lease termination for the dealership facilities at the manufacturer’s
expense.
(c) If, in an action for damages under this section, the manufacturer or distributor fails
to prove either that the manufacturer or distributor has acted in good faith or that
there was good cause for the franchise termination, cancellation, or nonrenewal, then
the court, agency, or commission shall order, in addition to any other damages under
this section, that the manufacturer or distributor pay the new motor vehicle dealer
an amount equal to the value of the dealership as an ongoing business location. (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009; 2021, No. 20, § 39.)