Section 407.1329 - Repurchase upon termination of agreementIf the RV dealer agreement is terminated, cancelled, or not renewed by the manufacturer for cause, or if the dealer voluntarily terminates an RV dealer agreement in a manner permitted by such agreement, or if the manufacturer terminates or discontinues a franchise by discontinuing a line-make or by ceasing to do business in this state, or if the manufacturer changes the distributor or method of distribution of its products in this state or alters its sales regions or marketing areas within this state in a manner that eliminates or diminishes the dealer's market area, the manufacturer shall, at the election of the RV dealer, within thirty days of termination, repurchase:
(1) All new, untitled recreation vehicle inventory, acquired from the manufacturer in the previous eighteen months, which has not been altered or damaged to the extent that such damage must be disclosed to the consumer pursuant to section 407.1343, at one hundred percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer;(2) All current and undamaged manufacturer's accessories and proprietary parts sold to the dealer for resale, if accompanied by the original invoice, at one hundred five percent of the original net price paid to the manufacturer to compensate the dealer for handling, packing, and shipping the parts; and(3) Any fully and correctly functioning diagnostic equipment, special tools, current signage and other equipment and machinery, at one hundred percent of the dealer's net cost plus freight, destination, delivery and distribution charges and sales taxes, if any, provided it was purchased by the dealer within five years before termination and upon the manufacturer's request and can no longer be used in the normal course of the dealer's ongoing business. The manufacturer shall pay the dealer within thirty days of receipt of all items returned for repurchase under this section.
Amended by 2020 Mo. Laws, HB 1963,s A, eff. 8/28/2020.L. 2001 H.B. 575
Effective 8/1/2002