Idaho State Statutes - Idaho Attorney Directory

Notwithstanding the terms, provisions
or conditions of any franchise:
(1) A licensee may appoint by will, or any other written instrument, a
designated family member to succeed in the ownership interest in the
dealership.
(2) Unless there exists good cause for refusal to honor succession on the
part of the manufacturer, any designated family member of a deceased or
incapacitated owner of a dealership may succeed to the ownership under the
existing franchise, provided the designated family member gives the
manufacturer written notice of his intention to succeed to the ownership of
the dealership within one hundred twenty (120) days of the owner's death or
incapacity, and the designated family member agrees to be bound by all the
terms and conditions of the franchise.
(3) The manufacturer may request, and the designated family member shall
provide, promptly upon request, personal and financial data that is reasonably
necessary to determine whether the succession should be honored.
(4) If a manufacturer believes that good cause exists for refusing to
honor the succession to the ownership of a dealership by a family member of a
deceased or incapacitated owner of a dealership under the existing franchise
agreement, the manufacturer may, not more than sixty (60) days following
receipt of notice of the designated family member's intent to succeed to the
ownership of the dealership, or any personal or financial data which it has
requested, serve upon the designated family member and the department, notice
of its refusal to honor the succession and of its intent to discontinue the
existing franchise with the dealer no sooner than ninety (90) days from the
date notice is served. The notice must state the specific grounds for a
refusal to honor the succession. A protest may be filed in accordance with the
provisions of section 49-1617, Idaho Code.
(5) If notice of refusal and discontinuance is not timely served upon the
family member, the franchise shall continue in effect subject to termination
only as otherwise permitted under this chapter.
(6) This chapter does not preclude the owner of a dealership from
designating any person as his successor by written instrument filed with the
manufacturer and, in the event there is a conflict between that written
instrument and the provisions of this section, and that written instrument has
not been revoked by the owner of the dealership, in writing, to the
manufacturer, then the written instrument shall govern.

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