Tex. Bus. & Com. Code Section 57.203
Good Cause Determination


(a)

For purposes of this subchapter, “good cause” means failure by a dealer to comply with requirements imposed on the dealer by the dealer agreement if the requirements are not different from those requirements imposed on other similarly situated dealers.

(b)

In addition to the good cause reason for termination stated in Subsection (a), good cause for termination of a dealer agreement exists when:

(1)

there has been a closeout or sale of a substantial part of the dealer’s assets related to the equipment business;

(2)

there has been commencement of a dissolution or liquidation of the dealer;

(3)

the dealer has changed its principal place of business or has added additional locations without the supplier’s prior approval, which shall not be unreasonably withheld;

(4)

the dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier;

(5)

the dealer has failed to operate in the normal course of business for seven consecutive days or has otherwise abandoned its business;

(6)

the dealer has been convicted of or pleaded guilty to a felony affecting the relationship between the dealer and supplier; or

(7)

the dealer transfers an interest in the dealership or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner, or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership, provided, however, good cause does not exist if the supplier consents to an action described by this subdivision.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1039 (H.B. 3079), Sec. 2, eff. September 1, 2011.

Source: Section 57.203 — Good Cause Determination, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­57.­htm#57.­203 (accessed Apr. 20, 2024).

57.001
Short Title
57.002
Definitions
57.003
Waiver of Chapter Void
57.051
Certain Provisions Void
57.052
Change in Ownership or Financial Structure
57.053
Release of Liability Prohibited
57.101
Transfer of Interest in Dealership by Succession
57.102
Approval of Sale or Transfer of Business at Dealer’s Request
57.103
Approval of Sale or Transfer of Business at Request of Personal Representative
57.151
Applicability of Subchapter
57.152
Termination by Dealer
57.153
Termination by Supplier
57.154
Good Cause Determination
57.155
Notice of Termination
57.201
Applicability of Subchapter
57.202
Termination by Supplier
57.203
Good Cause Determination
57.204
Notice of Termination
57.205
Notice of Termination Not Required Under Certain Circumstances
57.251
Definition of Terminate and Termination
57.252
Applicability of Subchapter
57.253
Warranty Claim
57.254
Resubmission of Warranty Claim
57.255
Payment of Warranty Claim
57.256
Warranty Claim for Certain Repair Work or Installation of Replacement Parts
57.257
Audit of Warranty Claims
57.258
Alternate Reimbursement Terms Enforceable
57.301
Coerced Orders, Deliveries, or Refusals to Purchase
57.302
Conditional Purchases of Goods and Services
57.303
Equipment Represented as Available for Immediate Delivery
57.304
Discrimination in Orders
57.305
Discrimination in Prices of New Equipment
57.351
Definition of Terminate and Termination
57.352
Applicability of Subchapter to Several Business Locations Covered by Same Agreement
57.353
Payments or Credits
57.354
Late Payment or Credit
57.355
Liability
57.356
Construction of Subchapter
57.357
Agreement Terminated by Dealer
57.358
Exceptions
57.401
Civil Action
57.402
Choice of Remedies

Accessed:
Apr. 20, 2024

§ 57.203’s source at texas​.gov