NRS 482.36397
Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor

  • deposit by dealer
  • arrangements for discharge of terms of franchise agreement for period after death.

1.

Within 21 days after the death of a dealer, a designated successor in interest must notify the manufacturer or distributor in writing of his or her decision to assume and operate the franchise, and commence operation under the franchise within 10 days after it has been assumed. The notification must contain all information reasonably requested by the manufacturer or distributor regarding the successor’s business experience and financial condition. If an alternate successor in interest desires to assume the franchise upon the decision of the primary successor in interest not to do so, the alternate successor must comply with all requirements of this subsection, giving notice within 21 days after the primary successor’s decision.

2.

A manufacturer or distributor may require a dealer who designates a successor in interest to deposit with the manufacturer or distributor at the time of the designation a sum reasonably determined to compensate the manufacturer or distributor under the terms of the franchise agreement if a designated successor in interest fails to assume the franchise within 21 days after the death of the dealer. If the franchise is assumed within 21 days or the franchise is temporarily operated by the manufacturer or distributor within that period, any unearned portion of the deposit must be refunded to the estate or legal representative of the deceased dealer.

3.

In addition, the manufacturer or distributor may require a dealer who designates a successor in interest to arrange for the discharge of certain terms of the franchise agreement for a period of not more than 21 days after the dealer’s death, but the manufacturer or distributor may not require the business under the franchise to remain open to the public during that period.

Source: Section 482.36397 — Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor; deposit by dealer; arrangements for discharge of terms of franchise agreement for period after death., https://www.­leg.­state.­nv.­us/NRS/NRS-482.­html#NRS482Sec36397.

482.3632
“Factory branch” defined. 482.3634
“Relevant market area” defined. 482.3638
Unfair practices: Release from liability 482.36311
Definitions. 482.36318
“Distributor” defined. 482.36319
“Distributor branch” defined. 482.36345
“Representative” defined. 482.36348
“Vehicle” defined. 482.36349
Certain manufacturers not subject to provisions governing franchises for sales of motor vehicles. 482.36352
Termination or discontinuation of franchise: Notice 482.36354
Modification or replacement of franchise: Notice 482.36355
Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise. 482.36356
Additional criteria for determining existence of good cause for termination, discontinuation, modification or replacement of franchise or for establishing additional dealership or relocating existing dealership. 482.36357
Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice 482.36358
Considerations for determining good cause for establishing or relocating dealership in marketing area of dealer in same line and make of vehicles. 482.36361
Written protests: Notice 482.36363
Hearings: Burden of proof 482.36366
Hearings: Fees for witness 482.36368
Decision of Director: Judicial review 482.36371
Unfair practices: Change in capital structure, executive management, ownership or control 482.36385
Unfair practices: Competition by manufacturer, distributor or branch of factory 482.36386
Unfair practices: Selling or offering to sell new vehicle, parts or accessories at lower actual price than offered or charged another dealer 482.36387
Unfair practices: Ownership or operation of facility for repair or maintenance of vehicles by manufacturer or distributor or certain persons or entities under common control therewith 482.36388
Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories 482.36389
Unfair practices: Requiring dealer to disclose information concerning customer to manufacturer or third party 482.36391
Unfair practices: Inducing dealer by coercion to order or accept vehicle, parts, accessories or other commodities. 482.36395
Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices 482.36396
Death of dealer: Termination of franchise prohibited if dealer designates successor in interest 482.36397
Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor 482.36398
Death of dealer: Operation of business and accounting to heirs or estate by manufacturer or distributor pending assumption by designated successor 482.36399
Assumption of provisions of franchise agreement by successor required. 482.36412
Franchise assumable by successor same as existed at death of dealer. 482.36413
Termination of franchise upon divorce prohibited 482.36414
License as dealer required for assumption of operation of franchise. 482.36419
Exercise of right of first refusal by manufacturer or distributor if transfer of all or substantially all assets of dealership is proposed: Requirements 482.36423
Action for injunctive relief or civil damages 482.36425
Civil penalty 482.363521
Termination or discontinuation of franchise: Compensation of dealer. 482.363523
Termination or discontinuation of franchise: Duties of dealer. 482.363571
Manufacturer prohibited from modifying franchise of or taking adverse action against dealer for selling vehicle which is later exported outside of United States 482.363573
Substantial alteration of existing facility of dealer: Restrictions on manufacturer 482.363574
Compensation to dealer for certain used vehicles subject to recall or other orders 482.363575
Director to adopt regulations for conduct of discovery preliminary to hearings required for termination, discontinuation, modification or replacement of franchises or for establishment or relocation of dealership in marketing area of another dealer in same line and make of vehicles.
Last Updated

Jun. 24, 2021

§ 482.36397’s source at nv​.us