Title 10, Chapter 1, Section 653
( 10-1-653)
If a new motor vehicle dealer desires to make a change in its
executive management or ownership or to sell its principal assets,
the new motor vehicle dealer will give the franchisor prior written
notice of the proposed change or sale. The franchisor shall not
arbitrarily refuse to agree to such proposed change or sale and may
not disapprove or withhold approval of such change or sale unless
the franchisor can prove that its decision is not arbitrary and that
the new management, owner, or transferee is unfit or unqualified to
be a dealer based on the franchisor's prior written, reasonable,
objective, and uniformly applied, within reasonable classifications,
standards or qualifications which directly relate to the prospective
transferee's business experience, moral character, and financial
qualifications. A franchisor may not disapprove or withhold
approval of a change or sale if the new management, owner, or
transferee is an owner of a dealership in the State of Georgia which
sells the same line-make motor vehicle as the dealership being
transferred unless such management, owner, or transferee is not in
substantial compliance with its existing franchise agreement
relating to performance in the areas of customer satisfaction or
sales or unless such management, owner, or transferee does not meet
the franchisor's prior written, reasonable, objective, and uniformly
applied standards or qualifications relating to its financial
qualifications or moral character. Where the franchisor rejects a
proposed change or sale, the franchisor shall give written notice of
his reasons to the new motor vehicle dealer within 60 days. If no
such notice is given to the new motor vehicle dealer, the change or
sale shall be deemed approved. |