Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

Cal. BPC § 22924

California Statutes

(

a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from the estate as if the supplier had terminated the dealer contract and the inventory repurchase provisions of

Section are applicable. The heirs or executor shall have days from the date of the death of the dealer or majority stockholder to exercise the option under this section. However, nothing in this

section shall require the repurchase of inventory, if the heirs or executor and the supplier enter into a new dealer agreement, or if a successor to the dealer is established pursuant to subdivision (

b) of

Section 22903.1. This

section shall be subject to that portion of the dealer contract pertaining to death of the dealer or succession, to the extent the contract is not inconsistent. Nothing in this

section shall entitle an heir or personal representative of a deceased dealer or majority stockholder to operate the dealership beyond the days provided for in this subdivision without the consent of the supplier. (

b) The provisions of this

section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment, attachments, and repair parts. Notwithstanding anything contained in this section, the rights of a supplier to charge back to the dealer’s account amounts previously paid or credited as a discount incident to the dealer’s purchase of inventory shall not be affected. Further, any repurchase shall not be subject to the provisions of the bulk sales law.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 22924
Date2005-10-07
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC22924.200571222

Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

Cal. BPC § 22924

California Statutes

Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act

Cal. BPC § 22924

California Statutes

(

a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from the estate as if the supplier had terminated the dealer contract and the inventory repurchase provisions of

Section are applicable. The heirs or executor shall have days from the date of the death of the dealer or majority stockholder to exercise the option under this section. However, nothing in this

section shall require the repurchase of inventory, if the heirs or executor and the supplier enter into a new dealer agreement, or if a successor to the dealer is established pursuant to subdivision (

b) of

Section 22903.1. This

section shall be subject to that portion of the dealer contract pertaining to death of the dealer or succession, to the extent the contract is not inconsistent. Nothing in this

section shall entitle an heir or personal representative of a deceased dealer or majority stockholder to operate the dealership beyond the days provided for in this subdivision without the consent of the supplier. (

b) The provisions of this

section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment, attachments, and repair parts. Notwithstanding anything contained in this section, the rights of a supplier to charge back to the dealer’s account amounts previously paid or credited as a discount incident to the dealer’s purchase of inventory shall not be affected. Further, any repurchase shall not be subject to the provisions of the bulk sales law.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 22924
Date2005-10-07
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC22924.200571222