reglab/housing_qa huggingface dataset:
TN Code § 47-25-1302 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1302. Retail Agreement Modifications for Good Cause

  No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a retailer to comply with requirements imposed upon the retailer by the retail agreement if such requirements are not different from those imposed on other retailers similarly situated in this state. In addition, good cause exists whenever:  There has been a closeout on the sale of a substantial part of the retailer's assets related to the equipment business, or there has been a commencement of a dissolution or liquidation of the retailer;   The retailer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld;   The retailer has substantially defaulted under a chattel mortgage or other security agreement between the retailer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the retailer to the supplier;   The equipment retailer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned the business;   The retailer has pleaded guilty to or has been convicted of a felony affecting the relationship between the retailer and the supplier; or   The retailer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership. However, good cause does not exist if the supplier consents to an action described in this subsection (a).     Except as otherwise provided herein, a supplier shall provide a retailer with at least ninety (90) days' written notice of termination, cancellation or nonrenewal of the retail agreement and a sixty-day right to cure the deficiency. If the deficiency is cured within the allotted time, the notice is void. In the case where cancellation is enacted due to market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice shall state all reasons constituting good cause for action. The notice is not required if the reason for termination, cancellation or nonrenewal is a violation under subsection (a).
TN Code § 47-25-1303 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1303. Retailer's Right to Have Inventory Repurchased

 Whenever any retailer enters into an agreement, evidenced by a written or oral contract, with a supplier wherein the retailer agrees to maintain an inventory of parts and to provide service and the contract is terminated, then the supplier shall repurchase the inventory as provided in this part. The retailer may keep the inventory if the retailer desires. If the retailer has any outstanding debts to the supplier, then the repurchase amount may be set off or credited to the retailer's account.
TN Code § 47-25-1304 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1304. Prohibited Supplier Actions

 No supplier shall:   Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier;   Condition the sale of additional equipment to a retailer upon a requirement that the retailer also purchase other goods or services, except that a supplier may require the retailer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area;   Coerce a retailer into refusing to purchase equipment manufactured by another supplier; or   Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the retailer's control.
TN Code § 47-25-1305 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1305. Date Governing Repurchase — Price and Associated Costs

 The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments, and ninety percent (90%) of the current net price on new, unused and undamaged and superseded repair parts. The supplier shall pay the retailer ten percent (10%) of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services. The supplier shall purchase at its amortized value any specific data processing hardware and software and telecommunications equipment that the supplier required the retailer to purchase within the past five (5) years. The supplier shall also repurchase, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years pursuant to the requirements of the supplier and held by the retailer on the date of termination. Such specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. Farm implements, machinery, utility and industrial equipment and outdoor power equipment used in demonstrations, including equipment leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that such equipment is in new condition and has not been abused.
TN Code § 47-25-1306 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1306. Title to Repurchased Inventory — Account Adjustments

 Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the retailer or the heirs of the retailer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the equipment financed and an opportunity to purchase the equipment. The former retailer or the heirs of the retailer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the retailer or the heirs of the retailer in direct proportion to the liabilities outstanding.
TN Code § 47-25-1307 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1307. Exceptions to Repurchase Requirement

 This part shall not require the repurchase from a retailer of:   Any repair part which, because of its condition, is not resalable as a new part;   Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so;   Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition; provided, that the equipment used in demonstrations or leased as provided in § 47-25-1305 shall be considered new and unused;   Any repair parts which are not in new, unused, undamaged condition;   Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or   Any inventory which was ordered by the retailer on or after the date of termination of the contract.
TN Code § 47-25-1308 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1308. Civil Liability for Failure to Repurchase

 If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment.
TN Code § 47-25-1309 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1309. Death of Retailer or Major Stockholder — Repurchase Option of Heirs

  In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the supplier had terminated the contract. The heir or heirs shall have one (1) year from the date of the death of the retailer or majority stockholder to exercise their options under this part. Nothing in this part shall require the repurchase of any inventory if the heir or heirs and the supplier enter into a new contract retail agreement to operate the retail dealership.   A supplier shall have ninety (90) days in which to consider and make a determination upon a request by a family member to enter into a new retail agreement to operate the retail dealership. As used herein, “family member” means a spouse, child, son-in-law, daughter-in-law or lineal descendant of the dealer or principal owner of the dealership. In the event the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance. This section does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier.   Notwithstanding this section, in the event that a supplier and a dealer have previously executed an agreement concerning succession rights prior to the dealer's death and, if such agreement has not been revoked, such agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.
TN Code § 47-25-1310 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1310. Security Interests Not Affected — Exemption From Bulk Sales Law — Inspection

 This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items.
TN Code § 47-25-1311 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1311. Actions for Civil Damages — Injunctions

  A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorneys' fees.   The retailer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. The remedies in this section are in addition to any other remedies permitted by law.
TN Code § 47-25-1312 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1312. Applicability

 This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Any contractual term restricting the procedural or substantive rights of a retailer under this part, including a choice of law or choice of forum clause, is void.
TN Code § 47-25-1313 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1313. Waiver — Severability

  This part shall not be waivable in any contract, and any such attempted waiver shall be null and void.   If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are hereby declared severable.
TN Code § 47-25-1314 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 13 - Repurchase of Terminated Franchise Inventory|§ 47-25-1314. Applicability of Franchise Provisions

 Part 15 of this chapter does not apply to retailers, as defined in this part.
TN Code § 47-25-1501 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1501. Legislative Intent

 It is the intent of the general assembly that small businesses operating within Tennessee pursuant to franchise agreements should be provided uniform rights and procedures to prevent arbitrary and capricious business practices by franchisors seeking to terminate or modify their franchise relationships or failing to renew existing franchise relationships.
TN Code § 47-25-1503 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1503. Termination of Franchises

  Except as otherwise provided by this part, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause asserted in good faith, nor may a franchisor terminate a franchise prior to the expiration of its term without providing written notice of the facts and circumstances establishing good cause, and giving the franchisee a reasonable opportunity of at least thirty (30) days to cure the alleged failure.   Any franchisor who fails to provide services or products to a franchisee located within this state, which services or products are material to the operation of the franchise, on the same terms, conditions and availability as any other franchisee in this state shall be deemed to have terminated such franchise.
TN Code § 47-25-1504 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1504. Termination of Franchises — Notice of Termination Without Opportunity to Cure

 If, during the period in which the franchise is in effect, any of the following events occurs, which event is relevant to the franchise, immediate notice of termination without an opportunity to cure shall be deemed reasonable:   The franchisee or the business to which the franchise relates is declared bankrupt or judicially determined to be insolvent, or all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits inability to pay debts as they come due;   The franchisee willfully abandons the franchise by failing to operate the business for five (5) consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond the franchisee's control;   The franchisor and franchisee agree in writing to terminate the franchise;   The franchisee makes any material misrepresentations relating to the acquisition of the franchise business;   The franchised business or business premises of the franchise are seized, taken over or foreclosed by a government official in the exercise of that official's duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor; provided, that a final judgment against the franchisee remains unsatisfied for thirty (30) days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchise business, and such levy is not discharged or suspended by accommodation agreement, partial payment agreement, compromise or similar agreement entered within five (5) days of such levy;   The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; or   Failure of the franchisee, on two (2) consecutive occasions, to pass minimum health inspections conducted by any state or federal governmental entity.
TN Code § 47-25-1505 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1505. Nonrenewal or Modification of Franchise Agreements

 No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least sixty (60) days' prior written notice of its intention not to renew, such failure to renew is for good cause, and the franchisor has provided written notice of the facts and circumstances upon which it alleges that good cause exists to fail to renew. Any modification of an existing franchise agreement proposed by a franchisor must be disclosed no later than sixty (60) days prior to the proposed effective date of the modification unless the franchisee consents, in writing, within the sixty-day period, to waive such requirement. If failure to renew is for good cause, such nonrenewal may not be effective unless:   During the sixty (60) days prior to expiration of the franchise, the franchisor permits the franchisee to sell the business or a portion thereof relating to the franchisee, to a purchaser meeting the franchisor's then current requirements for granting new franchises, or, if the franchisor is not granting a significant number of new franchises, the then current requirements for granting renewal franchises;    The refusal to renew is not for the purpose of converting the franchisee's business premises to operation by employees or agents of the franchisor for such franchisor's own account; provided, that nothing in this subdivision (2)(A) shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee's business; and   Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor;     The franchisee and the franchisor agree not to renew the franchise; or   The franchisor withdraws from distributing the products or services through franchises in the state of Tennessee for a period of not less than two (2) years; provided, that:  Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisee of the franchisor; and   The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor's own account.
TN Code § 47-25-1506 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1506. Circumstances Not Constituting “Good cause.”

 Notwithstanding § 47-25-1502(4), the following circumstances shall not be deemed to constitute “good cause”:   Failure of a franchisee to meet a quota of sales or purchases, whether such quota is expressed as a goal, a quota or otherwise;   The desire of the franchisor to consolidate its franchises or its distribution pattern without demonstrating a failure of the franchisee to effectively market or distribute its product;   The failure of the franchisee to comply with a provision of a contract which is prohibited or invalid under the laws of Tennessee;   The failure of the franchisee to comply with a provision of a contract or request of the franchisor which would cause the franchisee to violate any regulation of a regulatory body, or which could reasonably cause a franchisee to jeopardize any license or permit necessary for it to conduct its business; or   The loss of the franchisee's right to occupy the premises from which the franchise business is operated, if such loss is directly or indirectly caused by the franchisor or any entity related to or affiliated with the franchisor.
TN Code § 47-25-1507 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 25 - Trade Practices|Part 15 - Franchise Terminations, Nonrenewals or Modifications|§ 47-25-1507. Waiver of Rights — Settlements

  A franchisee may not waive any of the rights granted in any provision of this part, and the provisions of any agreement which would have such an effect shall be null and void.   Nothing in this part shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.