60-1453. Termination action by dealer; notice; when; procedure.
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/ne/chapter-60/60-1453A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A dealer may initiate a termination action with a manufacturer or distributor with or without good cause at any time by providing a written notice of the termination action to the manufacturer or distributor. Such written notice shall be delivered to the headquarters of the manufacturer or distributor at least thirty days prior to the date of the termination action.
(2)A dealer that initiates a termination action for good cause has the burden of showing good cause for such termination action. For purposes of determining good cause under this section, any of the following factors may be considered:
(a)The manufacturer or distributor being convicted of, or entering a plea of nolo contendere to, a felony;
(b)The business operations of the manufacturer or distributor being abandoned or closed for ten consecutive business days, unless the closing is due to any act of God, strike, labor difficulty, or other cause over which the manufacturer or distributor has no control;
(c)A significant misrepresentation by the manufacturer or distributor that materially affects the business relationship between the dealer and the manufacturer or distributor;
(d)A material violation of the Recreational Vehicle Industry Regulation Act by the manufacturer or distributor that is not cured within thirty days after receipt of the written notice that is provided by the dealer to the headquarters of the manufacturer or distributor;
(e)A declaration by the manufacturer or distributor of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors;
(f)A material violation of the manufacturer-dealer agreement by the manufacturer that is not cured within one hundred twenty days after written notice that is provided by the dealer to the headquarters of the manufacturer;
(g)Coercion of the dealer by the manufacturer or distributor; and
(h)A violation by the manufacturer or distributor of the area of sales responsibility specified in the manufacturer-dealer agreement or allowing other dealers to violate such area of sales responsibility.