Title 13, Chapter 8, Section 12
As used in this article, the term:
(1) "Distributor" or "wholesaler" means any person, company, or
corporation who sells or distributes new tractors and farm
equipment to tractor or farm equipment dealers and who maintains
distributor representatives within the state.
(2) "Distributor branch" means a branch office maintained by a
distributor or wholesaler which sells or distributes new tractors
and farm equipment to tractor or farm equipment dealers.
(3) "Distributor representative" means a representative employed
by a distributor branch, distributor, or wholesaler.
(4) "Factory branch" means a branch office maintained by a
manufacturer which manufactures and assembles tractors and farm
equipment for sale to distributors or tractor or farm equipment
dealers or which is maintained for directing and supervising the
representatives of the manufacturer.
(5) "Factory representative" means a representative employed by a
manufacturer or employed by a factory branch for the purpose of
making or promoting the sale of tractors and farm equipment or for
supervising, servicing, instructing, or contracting with tractor
or farm equipment dealers or prospective dealers.
(6) "Franchise" means an oral or written agreement for a definite
or indefinite period of time in which a manufacturer, distributor,
or wholesaler grants to a tractor or farm equipment 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 tractors and farm equipment or services related
thereto at wholesale, retail, whether by leasing, sale, or
(7) "Franchisee" means a tractor and farm equipment dealer to whom
a franchise is offered or granted.
(8) "Franchisor" means a manufacturer, distributor, or wholesaler
who grants a franchise to a tractor and farm equipment dealer.
(9) "Fraud" means, in addition to its normal legal connotation,
the following: a misrepresentation in any manner, whether
intentionally false or arising from gross negligence, of a
material fact; a promise or representation not made honestly and
in good faith; or an intentional failure to disclose a material
(10) "Manufacturer" means any person engaged in the business of
manufacturing or assembling new and unused tractors and farm
(11) "New tractor and farm equipment" means a tractor or unit of
farm equipment which has not been previously sold to and put into
regular use or service by any person except a distributor or
wholesaler or tractor and farm equipment dealer for resale.
(12) "Person" means a natural person, corporation, partnership,
trust, or other business entity; and, in case of a business
entity, it shall include any other entity in which it has a
majority interest or effectively controls as well as the
individual officers, directors, and other persons in active
control of the activities of each such entity.
(13) "Sale" means the issuance, transfer, agreement for transfer,
exchange, pledge, hypothecation, mortgage in any form, whether by
transfer in trust or otherwise, of any tractor or unit of farm
equipment or interest therein or of any franchise related thereto;
any option, subscription or other contract, or solicitation,
looking to a sale, or offer or attempt to sell in any form,
whether in oral or written form.
(14) "Tractors or farm equipment" means those tractors and other
farm implements primarily designed for use in agriculture.
(15) "Tractor or farm equipment dealer" means any person who
sells, solicits, or advertises the sale of new and used tractors
and farm equipment to the consuming public. It shall not include
(A) receivers, trustees, administrators, executors, guardians, or
other persons appointed by or acting under judgment, decree, or
order of any court; (B) public officers while performing their
duties as such officers; (C) persons making casual sales of their
own tractor or item of farm equipment not subject to sales tax
under the laws of the State of Georgia; (D) persons engaged in the
auction sale of tractors and farm equipment; or (E) dealers in
used tractors and farm equipment.