reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22A - DISPOSITION OF MARINE DEALERS' INVENTORY AFTER TERMINATION OF FRANCHISE OR AGREEMENT (§§ 10-1-675 — 10-1-678) › Section 10-1-676 - Definitions

As used in this article, the term:
(1)
"Distributor" or "wholesaler" means any person, company, or corporation who sells or distributes marine products to marine dealers and who maintains distributor representatives within the state.
(2)
"Franchise" means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a marine dealer permission to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of marine products or services related thereto at wholesale or retail, whether by leasing, sale, or otherwise.
(3)
"Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, that fabricates, manufactures, or assembles new and unused marine products. It does not include a person, firm, association, corporation, or trust which converts, modifies, or otherwise alters a marine product manufactured by another person, firm, association, corporation, or trust.
(4)
"Manufacturer sales representative" means any officer, agent, or employee employed by a person, firm, association, corporation, or trust that fabricates, manufactures, or assembles marine products or by a factory branch for the purpose of making or promoting the sale of marine products or supervising or contacting marine dealers or prospective dealers.
(5)
"Marine dealer" means any person who holds a bona fide contract, agreement, or franchise with a manufacturer or distributor of marine products.
(6)
"Marine product" means a new or used watercraft, boat, vessel, or motor primarily designed for recreational or commercial use on water. The term also includes an outboard motor or a boat outfitted with an inboard or outboard motor. The term shall not mean a watercraft designed primarily for commercial use.
Amended by 2002 Ga. Laws 462, § 10, eff. 4/18/2002.
Added by 2001 Ga. Laws 226, §1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22A - DISPOSITION OF MARINE DEALERS' INVENTORY AFTER TERMINATION OF FRANCHISE OR AGREEMENT (§§ 10-1-675 — 10-1-678) › Section 10-1-678 - Application

The provisions of this article shall apply to any contract now in effect which has no expiration date and is a continuing contract and any other contract entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 2002.
Amended by 2002 Ga. Laws 880, § 2, eff. 7/1/2002.
Added by 2001 Ga. Laws 226, §1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.1 - Legislative intent

(a)
This article shall be liberally construed and applied to promote its underlying remedial purposes and policies.
(b)
The underlying purposes and policies of this article are:
(1)
To promote the compelling interest of the public in fair business relations between recreational vehicle dealers and grantors and in the continuation of recreational vehicle dealerships on a fair basis;
(2)
To protect recreational vehicle dealers against unfair treatment by grantors who inherently have superior economic power and superior bargaining power in the negotiations of recreational vehicle dealerships;
(3)
To provide recreational vehicle dealers with rights and remedies in addition to those existing by contract or common law; and
(4)
To govern all franchise agreements for recreational vehicle dealerships, including any renewals or amendments, to the full extent consistent with the Constitutions of Georgia and the United States.
(c)
The effect of this article may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.2 - Designation of area of sales responsibility assigned to a recreational vehicle dealer; change in assignment

The grantor shall designate in writing the area of sales responsibility assigned to a recreational vehicle dealer and shall not change such area nor establish another recreational vehicle dealer in the same area unless the grantor can show good cause for the addition of the new recreational vehicle dealer, including reasonable evidence that the market will support the establishment of a new dealership.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.3 - Published prices, charges, and terms of sale

Sales of recreational vehicles by grantors or distributors shall be in accordance with published prices, charges, and terms of sale in effect at any given time.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.4 - Termination or change of dealership agreements; burden of proving good cause

No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances, including the area of sales responsibility, of a recreational vehicle dealership agreement without good cause. The burden of proving good cause shall be on the grantor.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.5 - Notice required for termination of or substantial change to dealership agreements

(a)
Except as provided in this Code section, a grantor shall provide a recreational vehicle dealer at least 120 days' prior written notice of termination, cancellation, nonrenewal, or substantial change in competitive circumstances and shall provide that the recreational vehicle dealer has 120 days in which to rectify any claimed deficiency. The notice shall state all the reasons for termination, cancellation, or nonrenewal and shall further state that if, within 30 days following the receipt of the grantor's notice, the recreational vehicle dealer provides to the grantor a written notice to cure all claimed deficiencies, the recreational vehicle dealer shall then have 120 days from the date of the notice to rectify such deficiencies. If the deficiency is rectified within 120 days, the notice shall be void. The notice provisions of this Code section shall not apply if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy.
(b)
The 120 days' notice shall be reduced to 30 days' notice if the grounds for termination, cancellation, or nonrenewal is due to:
(1)
Conviction or pleas of nolo contendere to a felony of a recreational vehicle dealer or one of its principal owners;
(2)
The business operation of the recreational vehicle dealer has been abandoned or closed for ten consecutive days, unless the closing is due to an act of God, strike, or labor difficulty or other cause over which the dealer has no control;
(3)
The suspension, revocation, or refusal to renew the recreational vehicle dealer's license; or
(4)
A significant misrepresentation by the recreational vehicle dealer.
Amended by 2006 Ga. Laws 453,§ 10, eff. 4/14/2006.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.6 - Repurchase of inventory, equipment, tools, accessories, and signage on termination of the dealership contract; reimbursement for returned items

(a)
If a recreational vehicle dealership franchise agreement is terminated, canceled, or not renewed by the grantor, the grantor, at the option of the recreational vehicle dealer, shall repurchase:
(1)
All new, untitled recreational vehicle inventory acquired from the manufacturer within 12 months prior to the effective date of the termination, cancellation, or nonrenewal which has not been materially altered or substantially damaged. The grantor shall reimburse the dealer for 100 percent of the net invoice cost of such inventory, including transportation, less applicable rebates and discounts to the dealer.
(2)
All functioning diagnostic equipment, special tools, other equipment and machinery, accessories and proprietary parts, and signage as were required to meet the dealer's service responsibilities in accordance with manufacturer's guides and applicable customer service bulletins and signs sold under the recreational vehicle dealership agreement.
(b)
The manufacturer shall reimburse the dealer for 100 percent of the current net prices as published in the manufacturer's current price lists or catalogs on accessories and parts, including superseded parts, provided it was purchased by the dealer within five years before termination and can no longer be used in the normal course of the dealer's business, plus 5 percent of the current net price of all manufacturer's accessories and parts returned to compensate the dealer for handling, packing, and loading the parts, plus the cost of freight to return said parts. The grantor shall pay the dealer within 30 days of receipt of the returned items. This Code section shall apply only to merchandise with a name, trademark, label, or other mark on it which identifies the grantor or with proof of purchase from the grantor.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.7 - Unlawful coercive practices

It shall be unlawful for any grantor, directly or through any officer, agent, or employee:
(1)
To coerce, or attempt to coerce, any dealer to accept delivery of any parts or accessories or any other commodities which have not been ordered by such dealer; or
(2)
To coerce, or attempt to coerce, any dealer to enter into an agreement with such grantor or do any other act unfair to such dealer by threatening to cancel any recreational vehicle dealership franchise agreement existing between such grantor and such dealer.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.8 - Sale or transfer of ownership or change in management of dealerships; unlawful practices; required notices

It shall be unlawful for any grantor to prevent or refuse to approve the sale or transfer of the ownership of a recreational vehicle dealership by the sale of the business assets, stock transfer, or otherwise, or a change in executive management or principal operator of the dealership if the new owner, principal operator, or management is creditworthy, has not been convicted of a felony, and is properly licensed; the sale or transfer shall not result in a relocation of the business; and the sale or transfer is otherwise reasonable under the circumstances. The recreational vehicle dealer must give the manufacturer 30 days' written notice prior to the closing of such agreement. If the manufacturer rejects a proposed change or sale, the manufacturer shall give written notice of its reasons to the recreational vehicle dealer within 30 days after receipt of the dealer notification and complete documentation. If no such notice is given to the recreational vehicle dealer, the change or sale shall be deemed approved. The burden of proving that any sale or transfer is not reasonable shall be on the grantor.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.9 - Requirement for dealers' opportunity to designate successors; requirement to honor succession; grounds for objection to succession

(a)
It shall be unlawful for any grantor to fail to provide a recreational vehicle dealer with an opportunity, at the time of signing a recreational vehicle dealership franchise agreement or at a reasonable time thereafter, to designate a member of his or her family as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A dealer may from time to time during the term of the franchise agreement change the beneficiary by providing a written notification to the manufacturer.
(b)
It shall be unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the grantor has provided to the family member so designated written notice of its objections. The burden of proving that such transfer is not reasonable shall be on the grantor.
(c)
Grounds for objection shall be lack of creditworthiness, conviction of a felony, inability to obtain necessary and required licenses by the beneficiary, lack of required licenses, or other conditions which make such succession unreasonable under the circumstances, but the grantor shall bear the burden of proving the unreasonableness of such succession. No family member of the deceased, incapacitated, or retired dealer may succeed to a recreational vehicle dealership unless the succession to the recreational vehicle dealership will not involve, without the grantor's consent, a relocation of the business.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.11 - Remedy for violations

If any grantor or warrantor violates this article, a recreational vehicle dealer may bring an action against such grantor or warrantor in a court of competent jurisdiction in the county of the recreational vehicle dealer for damages sustained as a consequence of the grantor's or warrantor's violation, together with the actual costs of the action including reasonable attorney's fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change of competitive circumstances and refusal to permit transfer of ownership in accordance with Code Sections
10-1-679.2
and
10-1-679.3
.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.12 - Violations deemed irreparable injuries for the purpose of determining whether a temporary injunction should be issued

In any action brought by a recreational vehicle dealer against a grantor or warrantor under this article, any violation of this article by the grantor or warrantor shall be deemed an irreparable injury to the recreational vehicle dealer for determining if a temporary injunction should be issued.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.13 - Requirements for new dealerships

It shall be unlawful for a grantor to establish a new recreational vehicle dealership unless the dealer meets the requirements and definitions provided in this article.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 22B - RECREATIONAL VEHICLE DEALERSHIPS (§§ 10-1-679 — 10-1-679.15) › Section 10-1-679.15 - Violations

Any person who violates the provisions of this article shall be guilty of a misdemeanor.
Added by 2005 Ga. Laws 387,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-680 - Short title

This article shall be known and may be cited as the "Lease-purchase Agreement Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-681 - Definitions

As used in this article, the term:
(1)
"Lease-purchase agreement" means an agreement for the use of personal property by a lessee primarily for personal, family, or household purposes for an initial period of four months or less that is renewable with each payment after the initial period and that permits the lessee to become the owner of the property. Lease-purchase agreements shall not include any of the following:
(A)
A lease or agreement which constitutes a credit sale as defined in
12 C.F.R. 226.2(a)(16)
and Section
1602(g)
of the Truth-in-Lending Act,
15 U.S.C. Section 1601
, et seq.;
(B)
A lease which constitutes a consumer lease as defined in
12 C.F.R. 213.2(a)(6)
;
(C)
Any lease for agricultural, business, or commercial purposes;
(D)
Any lease made to an organization; or
(E)
A lease or agreement which constitutes a retail installment transaction as defined in paragraph (10) of subsection (a) of Code Section
10-1-2
.
(2)
"Lessee" means a person who leases property pursuant to a lease-purchase agreement.
(3)
"Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a lease-purchase agreement.
(4)
"Period" means a day, week, month, or other subdivision of a year.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-683 - Advertisements

(a)
An advertisement for any lease-purchase agreement shall not state that a specific lease of any property at specific amounts or terms is available unless the lessor usually and customarily leases or will lease the property at those amounts or terms.
(b)
An advertisement for any lease-purchase agreement shall not state that a payment or a periodic payment is due at the start of a lease of a specific item without disclosing both the payment due at the start of the lease, the periodic payment, the cost of lease services, and the total of all periodic payments necessary to obtain ownership.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-684 - Prohibited agreement provisions

A lease-purchase agreement shall not contain a provision:
(1)
Requiring a garnishment of wages or a power of attorney to confess a judgment;
(2)
Granting authorization to the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods;
(3)
Requiring the lessee to waive any defense, counterclaim, or right of action against the lessor or a person acting on the lessor's behalf (as the lessee's agent on the lessor's behalf or as the lessee's agent) in collection of payments under the lease or in the repossession of goods;
(4)
Requiring the lessee to agree not to assert against a lessor or against an assignee a claim or defense arising out of the lease;
(5)
Requiring any collection or repossession charges in excess of those allowable under Code Section
10-1-7
and applicable court rules; or
(6)
Providing that the lessee cannot return the leased property to the lessor at the end of any term.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-685 - Purchase of insurance; early termination or return of items; fees

(a)
A lessor shall not require the purchase of insurance by the lessee from the lessor of a leased item.
(b)
A lessor shall not impose a penalty for early termination of a lease-purchase agreement or for the return of an item at any point.
(c)
A lessor shall not impose a fee for in-home collection of a payment unless the lessee has expressly agreed to the fee and the amount of the fee is disclosed.
(d)
A lessor shall not impose a fee for picking up rental property should the lessee choose to terminate the lease.
(e)
A lessor shall not impose a fee for making a late payment except the charge for reinstatement as established in Code Section
10-1-686
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-686 - Right to reinstatement of agreement by lessee failing to make timely payments; fees; substitute items

(a)
A lessee who fails to make timely periodic payments shall have the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:
(1)
The lessee has not missed more than three periodic payments; and
(2)
One periodic payment has been missed and the lessee has surrendered the item to the lessor, if requested by the lessor, during the time in which payments were missed.
(b)
A lessee shall not be charged more than one reinstatement fee per missed periodic payment. A reinstatement fee shall equal the outstanding balance of any missed payments plus a charge which shall not exceed $5.00 per missed payment. A delivery fee not to exceed the original delivery fee may be charged if redelivery of an item is necessary.
(c)
If reinstatement occurs pursuant to this Code section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all of the information required in Code Section
10-1-682
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-687 - Penalties; grace period for compliance

(a)
Any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00 for the first offense and as for a misdemeanor for each subsequent offense.
(b)
In case of a violation of any provision of this article, with respect to any transaction, the lessee in such transaction may recover from the person committing the violation, or may set off or counterclaim in any action by such person, actual damages with a minimum recovery of $300.00 or 25 percent of the cost of the lease to acquire ownership, whichever is greater, attorneys' fees, and court costs. However, the lessor shall not be liable for any error in estimating the fair market value required in paragraph (12) of subsection (a) of Code Section
10-1-682
unless said estimate shall be proved to have been made in bad faith.
(c)
Notwithstanding this Code section, any failure to comply with any provisions in this article may be corrected within ten days after the date of execution of the lease-purchase agreement by the lessee, and, if so corrected, neither the lessor nor any holder is subject to any penalty under this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-688 - Limitation of actions

No action shall be brought under this article more than four years after the person bringing such action knew or should have known of the occurrence of the alleged violation.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 23 - LEASE-PURCHASE AGREEMENTS (§§ 10-1-680 — 10-1-689) › Section 10-1-689 - Example of form

The following form is an example of the form which may be used to satisfy the disclosure requirements of subsection (b) of Code Section
10-1-682
, requiring that the disclosures described in paragraphs (1), (2), (3), (4), (9), (12), and (13) of subsection (a) of Code Section
10-1-682
be made clearly, conspicuously, prominently, and together in sequence:
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2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 24 - WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL (§§ 10-1-700 — 10-1-704) › Section 10-1-700 - Definitions

As used in this article, the term:
(1)
"Commission" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2)
"Principal" means a person who does business in this state and who:
(A)
Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B)
Contracts with a sales representative to solicit orders for the product; and
(C)
Compensates the sales representative in whole or in part by commission.
(3)
"Sales representative" means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 24 - WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL (§§ 10-1-700 — 10-1-704) › Section 10-1-702 - Rights of sales representative; frivolous actions

(a)
When a contract between a principal and a sales representative is terminated, the principal shall within 30 days after the termination of the contract pay all commissions due to the sales representative.
(b)
A principal who fails to make timely payment of commissions as required by subsection (a) of this Code section shall be liable to the sales representative in a civil action for:
(1)
All amounts due to the sales representative according to the terms of the contract;
(2)
Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and
(3)
Reasonable attorney's fees actually and reasonably incurred by the sales representative in the action.
(c)
A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney's fees actually and reasonably incurred by the defendant in defending against such action.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 24 - WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL (§§ 10-1-700 — 10-1-704) › Section 10-1-703 - Waiver of law prohibited

The provisions of this article may not be waived; and, in applying the provisions of this article, the courts of this state shall not recognize any purported waiver of the provisions of this article, whether by expressed waiver or by attempt to make a contract or agreement subject to the laws of another state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 24 - WHOLESALE DISTRIBUTION BY OUT-OF-STATE PRINCIPAL (§§ 10-1-700 — 10-1-704) › Section 10-1-704 - Jurisdiction of court

A principal who is not a resident of this state and who enters into a contract subject to this article is declared to be doing business in this state for purposes of the exercise of personal jurisdiction over nonresidents under Code Section
9-10-91
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 25 - RETAIL PETROLEUM PRODUCT DEALERS (§§ 10-1-720 — 10-1-721) › Section 10-1-720 - Definitions

As used in this article, the term:
(1)
"Adult" means any person who is not a minor.
(2)
"Dealer" means any person, other than an agent or employee of a producer or redistributor, who is engaged in the retail sale of petroleum products under a franchise agreement as defined in paragraph (4) of this Code section.
(3)
"Designated family member" means the adult spouse, the adult child of the dealer, or the spouse of an adult child of the dealer, who has experience in the service station business and who, in the case of the dealer's death or retirement, is designated in writing by notice from the dealer to the producer or redistributor as entitled to be offered a trial franchise as such term is defined in the federal Petroleum Marketing Practices Act (
15 U.S.C. Section 2801
, et seq.).
(4)
"Franchise" or "franchise agreement" means an agreement between a producer and a dealer or a redistributor and a dealer under which the dealer is granted the right to:
(A)
Use a trademark, trade name, service mark, or other identifying symbol or name owned by the producer or redistributor; or
(B)
Occupy a service station owned, leased, or controlled by the producer or redistributor for the purpose of engaging in the retail sale of petroleum products of the producer or redistributor.
(5)
"Producer" means every person who produces, refines, manufactures, processes, blends, or otherwise alters any motor fuel and other petroleum products for sale or use in this state and every person who distributes any motor fuel and other petroleum products for resale in this state.
(6)
"Redistributor" means any person who sells petroleum products for resale at retail.
(7)
"Service station" means any filling station, store, garage, or other place of business in this state engaging in the retail sale of motor fuel and other petroleum products.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 25 - RETAIL PETROLEUM PRODUCT DEALERS (§§ 10-1-720 — 10-1-721) › Section 10-1-721 - Successor to deceased retail dealer

(a)
Effective January 1, 1988, no franchise agreement entered into between a producer and a dealer or a redistributor and a dealer shall deny a dealer the rights provided in this Code section.
(b)
A dealer shall have the right, effective upon his death or retirement, to have the producer or redistributor offer a trial franchise to the designated family member who has been approved by the producer or redistributor in accordance with the producer's or redistributor's reasonable standard for personal and financial condition unless the producer or redistributor shows that the designated family member no longer meets the reasonable standards set at the time of designation of the previous approval. The foregoing shall not prohibit a producer or redistributor from requiring that the designated family member accept the trial franchise within 30 days of the dealer's death or retirement and that the designated family member attend a training program offered by the producer or redistributor. As used in this Code section, the term "trial franchise" shall have the same meaning as provided in the federal Petroleum Marketing Practices Act (
15 U.S.C. Section 2801
, et seq.).
(c)
A dealer and a producer or a dealer and a redistributor may mutually agree to change the family member designated. The designated family member shall provide, upon the request of the producer or redistributor, personal and financial data that are reasonably necessary to determine whether he or she meets the producer's or redistributor's reasonable standards. The producer or redistributor shall not be obligated to accept a designated family member under this subsection who does not meet the producer's or redistributor's reasonable standards but any refusal to accept the designated family member shall be given by the producer or redistributor in writing to the dealer and shall fairly state the reason therefor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-730 - Short title

This article shall be known and may be cited as the "Georgia Multiline Heavy Equipment Dealer Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-731 - Definitions

As used in this article, the term:
(1)
"Agreement" means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier's heavy equipment products and attachments and repair parts therefor and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.
(2)
"Heavy equipment" means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term "heavy equipment" shall not include:
(A)
Motor vehicles requiring registration and certificates of title;
(B)
Farm machinery, equipment, and implements; or
(C)
Equipment that is "consumer goods" within the meaning of Code Section
11-9-102
.
(3)
"Multiline dealer" means a person in Georgia meeting all the following requirements:
(A)
Who is engaged in the business of selling or leasing heavy equipment at retail;
(B)
Who customarily maintains a total inventory valued at over $250,000.00 of new heavy equipment and attachments and repair parts therefor;
(C)
Who provides repair services for the heavy equipment sold;
(D)
Who has agreements with at least six different suppliers; and
(E)
Whose retail sales volume of heavy equipment purchased from a single supplier, under all agreements with that supplier, is not greater than 75 percent of such person's total retail sales volume of heavy equipment during:
(i)
The 12 month period immediately prior to July 1, 1989, if an agreement or agreements between the supplier and such person is or are in effect on July 1, 1989; or
(ii)
The 12 month period immediately following the date the initial agreement between the supplier and such person is entered into, or portion thereof in the event of cancellation, termination, or transfer of the business prior to the end of such 12 month period, if such initial agreement is entered into subsequent to July 1, 1989.
(4)
"Person" means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors, or other persons in active control of the activities of each such entity. The term "person" also includes heirs, assigns, personal representatives, and guardians.
(5)
"Supplier" means every person, including any agent of such person or any authorized broker acting on behalf of that person, that enters into an agreement with a multiline dealer.
Amended by 2001 Ga. Laws 191, § 26, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-732 - Unilateral amendment, cancellation, termination, refusal to renew, or causing resignation from agreement for good cause

(a)
Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause a dealer to resign from an agreement, unless the supplier has first complied with the provisions of this article and good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuance, or causing a resignation. The term "good cause" shall not include the sale or purchase of a supplier. The term "good cause" shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Georgia or multiline dealer performance deficiencies including, but not limited to, the following:
(1)
Bankruptcy or receivership of the multiline dealer;
(2)
Assignment for the benefit of creditors or similar disposition of the assets of the dealer, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; or
(3)
(A)
Failure by the multiline dealer to comply substantially, without reasonable cause or justification, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a multiline dealer to:
(i)
Maintain a sales volume or trend of his supplier's product line or lines comparable to that of other similarly situated dealers of that product line; or
(ii)
Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated.
(B)
In any determination as to whether a multiline dealer has failed to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the market area of the multiline dealer in question and to comparable market area.
(b)
No supplier shall be required to give notice or show good cause pursuant to subsection (a) of this Code section to amend unilaterally agreements with multiline dealers to comply with federal or state law or, where not inconsistent with this article, to amend uniformly agreements as to all multiline dealers of the supplier in question in all states in which the supplier is marketing its products.
(c)
In any dispute as to whether a supplier has acted with good cause as required by this Code section, the supplier shall have the burden of proof to establish that good cause existed.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-733 - Notice of intent to amend, terminate, cancel, or decline to renew agreement; time within which dealer may rectify condition; contract for transfer of business; immediate termination, amendment, cancellation or expiration

(a)
Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days' prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal.
(b)
Where such reason or reasons relate to a condition or conditions which may be rectified by action of the multiline dealer, he shall have 75 days in which to take such action and, within such 75 day period, shall give written notice to the supplier if and when such action is taken. If such condition or conditions have been rectified by action of the multiline dealer, then the proposed amendment, termination, cancellation, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the multiline dealer has not rectified one or more of such conditions, such supplier must give written notice thereof to the multiline dealer within 15 days after the dealer gave notice to the supplier of the action taken.
(c)
During the 120 day notice period provided for in subsection (a) of this Code section, the multiline dealer shall have the right to contract for a transfer of his or her business to another person who meets the material and reasonable qualifications and standards required by the supplier of its multiline dealers. The multiline dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120 day notice period.
(d)
An agreement may be immediately terminated, amended, canceled, or allowed to expire and no notice shall be required if the reason for the amendment, termination, cancellation, or nonrenewal is:
(1)
The bankruptcy or receivership of the multiline dealer;
(2)
An assignment for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business;
(3)
Willful or intentional misrepresentation made by the multiline dealer with the express intent to defraud the supplier;
(4)
Failure of the multiline dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the multiline dealer's reasonable control;
(5)
Failure to pay any undisputed amount due the supplier continuing for 30 days after written notice thereof; or
(6)
A final conviction of the multiline dealer of a felony.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-734 - Consent to transfer of dealer's business; notice of withholding of consent; assumption of transferor's obligations and rights; burden of proving justification for denying consent

(a)
No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer's business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the multiline dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a multiline dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a multiline dealer's request to make a transfer under this subsection.
(b)
Whenever a transfer of a multiline dealer's business occurs, the transferee shall assume all the obligations imposed on and succeed to all the rights held by the selling multiline dealer by virtue of any agreement consistent with this article between the selling multiline dealer and one or more suppliers entered into prior to the transfer.
(c)
In any dispute as to whether a supplier has denied consent in violation of this Code section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-735 - Mailing of notice

Notices required by this article shall be sent by certified or registered mail or statutory overnight delivery, postage prepaid.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-736 - When change in dealer's management or personnel may be required or prohibited

No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-737 - Article deemed incorporated in agreements subject to it; waiver of compliance; good faith settlements of disputes

The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article. No supplier shall require any multiline dealer to waive compliance with any provision of this article. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance. Nothing in this article shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 26 - MULTILINE HEAVY EQUIPMENT DEALERS (§§ 10-1-730 — 10-1-740) › Section 10-1-738 - Good faith, fair dealing, and reasonableness requirements

(a)
Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly.
(b)
This article shall impose on every term and provision of any agreement a requirement of reasonableness. Every term or provision of any agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable.