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California Law (Last Updated: March 4, 2014) |
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Vehicle Code - VEH |
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Division 2. ADMINISTRATION |
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Chapter 6. New Motor Vehicle Board |
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ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints |
Section 3071.
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In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise of a dealer of new recreational vehicles, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) The amount of business transacted by the franchisee, as compared to the business available to the franchisee.
(b) The investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise.
(c) The permanency of the investment.
(d) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted.
(e) Whether the franchisee has adequate new recreational vehicle sales and, if required by the franchise, service facilities, equipment, vehicle parts, and qualified service personnel, to reasonably provide for the needs of the consumers of the recreational vehicles handled by the franchisee and has been and is rendering adequate services to the public.
(f) Whether the franchisee fails to fulfill the warranty obligations agreed to be performed by the franchisee in the franchise.
(g) The extent of franchisee's failure to comply with the terms of the franchise.