63 Pa. Stat. § 818.506

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 818.506 - Repurchase of inventory.
(a)General rule.--If the manufacturer/dealer agreement is terminated, canceled or not renewed by the dealer for just cause as described in section 505(b) and the manufacturer fails to provide notice or cure the claimed deficiencies as provided in section 505(a), the manufacturer shall, at the dealer's option and within 45 days after termination, cancellation or nonrenewal, repurchase:
(1) All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within 12 months before the effective date of the notice of termination, cancellation or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at 100% of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer.
(2) In the event any of the vehicles repurchased under this section are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery will not disqualify repurchase under this subsection.
(3) All undamaged accessories and proprietary parts sold to the dealer for resale within the 12 months prior to termination, cancellation or nonrenewal, if accompanied by the original invoice, at 105% of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing and shipping the parts.
(4) Properly functioning diagnostic equipment, special tools, current signage or other equipment and machinery which was purchased by the dealer upon the manufacturer's or distributor's request within five years prior to the termination, cancellation or nonrenewal and which can no longer be used in the normal course of the dealer's ongoing business at 100% of the dealer's net cost plus freight.
(b) Sale of remaining inventory after termination.--
(1) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after a manufacturer/dealer agreement has been terminated or not renewed under section 504.
(2) If recreational vehicles of a line-make subject to the terminated agreement are not repurchased or required to be repurchased by the manufacturer or distributor, the dealer may continue to sell the recreational vehicles that are subject to the terminated manufacturer/dealer agreement and are currently in stock until those recreational vehicles are no longer in the dealer's inventory.

63 P.S. § 818.506

Added by P.L. TBD 2018 No. 134, § 21, eff. 10/24/2019.