32-6B-48. Factors in determining cause for establishing additional franchise for same line-make.
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/sd/title-32/chapter-32-6/32-6b-48A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In determining whether cause is established for entering into an additional franchise for the same line - make, the department shall consider the existing circumstances, including, but not limited to:
(1)The amount of business transacted by existing franchisees of the same line - make in that community;
(2)Whether the franchisees of the same line - make in that community are making a good faith effort to sell the franchisor's product;
(3)Investment necessarily made and obligations incurred by existing franchisees of the same line - make in the community in the performance of their part of their franchises;
(4)The effect on the retail vehicle business as a whole in that community;
(5)The general quality and reputation of existing franchisees in the community and their ability to provide consumer care and service; and
(6)Whether it is injurious to the public interest for an additional franchise to be established.