www.GADA.com | 61 or franchisor´s warranty. The term “dealer” shall not mean any person engaged solely in the business of selling used motor vehicles. (2) “Dealership” means: (A) The dealer, if the dealer is a corporation, partnership, or other business organization; or (B) All business assets used in connection with the dealer´s business pursuant to the franchise including, but not limited to, the dealership facilities, the franchise, inventory, accounts receivable, and good will if the dealer is an individual. (3) “Dealership facilities” means the location at which a dealer, pursuant to a franchise, maintains a permanent showroom for new motor vehicles. (4) “Designated successor” means any person or child who, in the case of the owner´s death, is entitled to inherit the ownership interest in the dealership under the owner´s will or who, in the case of an incapacitated owner, has been appointed by a court as the legal representative of the owner´s property or has been otherwise lawfully nominated or constituted to manage the dealership on behalf of the owner. A “designated successor” may also mean a person specifically named in the franchise agreement or any addendum to the franchise agreement. (5) “Distributor” means any person, resident or nonresident, who directly or indirectly in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale if such person is the principal supplier of any make of motor vehicle for two or more dealers. (6) “Franchise” means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. A franchisor is prohibited from effectuating through any letter, memo, or other document or electronic communication any action or terms that this article makes unlawful when included in a franchise agreement. (7) “Franchisor” means: (A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; (B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale; and (C) Any person, other than a person who finances the purchase or lease of motor vehicles, who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph. (8) “Good faith” means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1-201. (8.1) “Line-make” is a collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer that are offered for sale, lease or distribution pursuant to a common brand name or mark; provided, however: (A) Multiple brand names or marks may constitute a single line-make, but only when included in a common dealer agreement and the manufacturer, distributor or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and (B) Motor vehicles bearing a common brand name or mark may constitute separate line makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use.
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