Sec. 2301.481. PROPERTY USE AGREEMENT  


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  • (a) A manufacturer, distributor, or representative may not require that a dealer enter into a property use agreement as a condition of the manufacturer, distributor, or representative:

    (1) entering into a franchise;

    (2) approving a franchised dealer's application to add a line-make;

    (3) approving a franchised dealer's application to relocate a franchise; or

    (4) approving a sale or transfer of a dealer, dealership, or franchise.

    (b) The following provisions in a property use agreement are void and unenforceable:

    (1) a limitation on the franchised dealer's ability to add a line-make; or

    (2) a provision that binds a franchised dealer's successor.

    (c) A property use agreement expires on the earlier of:

    (1) the date provided by the property use agreement; or

    (2) the termination of the franchise between the parties to the property use agreement.

    (d) This section applies to a subsidiary of, or a person controlled by, a manufacturer, distributor, or representative.

Added by Acts 2011, 82nd Leg., R.S., Ch. 137 , Sec. 11, eff. September 1, 2011.