Section 696-G. Death or incapacity of dealer  


Latest version.
  • 1. In the event of the death
      or incapacity of the dealer 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 said dealer died
      testate, repurchase the inventory from the estate as if the supplier had
      terminated the contract  and  the  inventory  repurchase  provisions  of
      section  six  hundred  ninety-six-f  of  this article are made expressly
      applicable hereto. The heirs or executor shall have nine months from the
      date of the death of the dealer or majority stockholder to exercise  the
      option  under  this  article.  However,  nothing  in  this article 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 paragraph (j) of subdivision three  of
      section  six hundred ninety-six-b of this article. This section shall be
      subject to that portion of the  supplier's  agreement  with  the  dealer
      pertaining  to  death  of  the  dealer or succession, to the extent such
      agreement is not inconsistent herewith.
        2. 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 which provides the  dealer  with
      greater protection. The heirs or executor can elect to pursue either the
      contract  remedy  or  the remedy provided herein, and an election by the
      heirs or executor to pursue contract remedy shall not bar such heirs' or
      executor's right to the remedy provided herein as  to  those  equipment,
      attachments  and  repair  parts  not  affected  by  the contract remedy.
      Notwithstanding anything contained herein, 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 goods  shall  not  be
      affected.  Further, any repurchase hereunder shall not be subject to the
      provisions of the bulk sales law. Additionally, nothing shall preclude a
      price for return parts which is greater than  the  total  allowance  for
      parts  allowed  herein  and  the  shipping  allowance,  in such case the
      packing, freight and handling expense charge shall not be borne  by  the
      supplier.