407.1329. Repurchase upon termination of agreement. - Missouri Statutes

Repurchase upon termination of agreement.

407.1329. If the RV dealer agreement is terminated, canceled or notrenewed by the manufacturer for cause, the manufacturer shall, at theelection of the RV dealer, within thirty days of termination, repurchase:

(1) (a) All new, untitled current model year recreation vehicleinventory, acquired from the manufacturer, which has not been used (exceptfor demonstration purposes), altered or damaged to the extent that suchdamage must be disclosed to the consumer pursuant to section 407.1343, atone hundred percent of the net invoice cost, including transportation, lessapplicable rebates and discounts to the dealer; and

(b) All new, untitled recreation vehicle inventory of the prior modelyear, acquired from the manufacturer, provided the prior model yearvehicles have not been altered, used (except for demonstration purposes) ordamaged to the extent that such damage must be disclosed to the consumerpursuant to section 407.1343, and were drafted on the dealer's financingsource or paid within one hundred twenty days prior to the effective dateof the termination, cancellation, or nonrenewal.

In the event any of the vehicles repurchased pursuant to this subdivisionare damaged, but do not trigger the consumer disclosure requirement, theamount due the dealer shall be reduced by the cost to repair the vehicle.Damage prior to delivery to dealer that is disclosed at the time ofdelivery will not disqualify repurchase under this provision;

(2) All current and undamaged manufacturer's accessories andproprietary parts sold to the dealer for resale, if accompanied by theoriginal invoice, at one hundred five percent of the original net pricepaid to the manufacturer to compensate the dealer for handling, packing,and shipping the parts; and

(3) Any fully and correctly functioning diagnostic equipment, specialtools, current signage and other equipment and machinery, at one hundredpercent of the dealer's net cost plus freight, destination, delivery anddistribution charges and sales taxes, if any, provided it was purchased bythe dealer within five years before termination and upon the manufacturer'srequest and can no longer be used in the normal course of the dealer'songoing business. The* manufacturer shall pay the* dealer within thirtydays of receipt of the returned items.

(L. 2001 H.B. 575)

Effective 8-01-02

*Word "the" does not appear in original rolls.