{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-352.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-352.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-352.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-352.1.html"}],"law_id":58633,"edition_id":1,"section_id":58633,"structure_id":14413,"section_number":"59.1-352.1","catch_line":"Definitions","history":"2002, c. 898.","full_text":"As used in this chapter, unless the context requires otherwise:\n\t\t“Agreement” means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted one or more of the following rights:\n\n1\n\nTo sell or distribute goods or services.2\n\nTo use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t\t“Current model” means a model listed in the wholesaler’s, manufacturer’s, or distributor’s current sales manual or any supplements.\n\t\t\t“Current net price” means the price listed in the supplier’s price list or catalog in effect at the time the agreement is terminated, less any applicable discounts allowed.\n\t\t\t“Dealer” means a person engaged in the business of selling at retail farm, construction, utility or industrial equipment, implements, machinery, attachments, outdoor power equipment, or repair parts.\n\t\t\t“Family member” means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or principal owner of the dealership.\n\t\t\t“Good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the agreement if the requirements are not different from those imposed on other dealers similarly situated in this Commonwealth. In addition, good cause exists in any of the following circumstances:1\n\nA petition under bankruptcy or receivership law has been filed against the dealer.2\n\nThe dealer has made an intentional misrepresentation with the intent to defraud the supplier.3\n\nDefault by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier or a revocation or discontinuance of a guarantee of a present or future obligation of the retailer to the supplier.4\n\nCloseout or sale of a substantial part of the dealer’s business related to the handling of goods; the commencement or dissolution or liquidation of the dealer if the dealer is a partnership or corporation; or a change, without the prior written approval of the supplier, which shall not be unreasonably withheld, in the location of the dealer’s principal place of business or additional locations set forth in the agreement.5\n\nWithdrawal of an individual proprietor, partner, major shareholder, or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier.6\n\nRevocation or discontinuance of any guarantee of the dealer’s present or future obligations to the supplier.7\n\nThe dealer has failed to operate in the normal course of business for seven consecutive business days or has otherwise abandoned the business.8\n\nThe dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier.9\n\nThe 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.\n\t\t\t“Inventory” means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments, or repair parts.\n\t\t\t“Net cost” means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier’s location to the dealer’s location, plus reasonable cost of assembly or disassembly performed by the dealer.\n\t\t\t“Superseded part” means any part that will provide the same function as a currently available part as of the date of cancellation.\n\t\t\t“Supplier” means a wholesaler, manufacturer, distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement with a dealer.\n\t\t\t“Termination” of an agreement means the termination, cancellation, nonrenewal, or noncontinuance of the agreement.","order_by":null,"text":{"0":{"id":214845,"text":"As used in this chapter, unless the context requires otherwise:\n\t\t“Agreement” means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer, or distributor by which the dealer is granted one or more of the following rights:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":214846,"text":"To sell or distribute goods or services.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":214847,"text":"To use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t\t“Current model” means a model listed in the wholesaler’s, manufacturer’s, or distributor’s current sales manual or any supplements.\n\t\t\t“Current net price” means the price listed in the supplier’s price list or catalog in effect at the time the agreement is terminated, less any applicable discounts allowed.\n\t\t\t“Dealer” means a person engaged in the business of selling at retail farm, construction, utility or industrial equipment, implements, machinery, attachments, outdoor power equipment, or repair parts.\n\t\t\t“Family member” means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or principal owner of the dealership.\n\t\t\t“Good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the agreement if the requirements are not different from those imposed on other dealers similarly situated in this Commonwealth. In addition, good cause exists in any of the following circumstances:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"1"},"3":{"id":214848,"text":"A petition under bankruptcy or receivership law has been filed against the dealer.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2","next_prefix":"2"},"4":{"id":214849,"text":"The dealer has made an intentional misrepresentation with the intent to defraud the supplier.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"5":{"id":214850,"text":"Default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier or a revocation or discontinuance of a guarantee of a present or future obligation of the retailer to the supplier.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"6":{"id":214851,"text":"Closeout or sale of a substantial part of the dealer’s business related to the handling of goods; the commencement or dissolution or liquidation of the dealer if the dealer is a partnership or corporation; or a change, without the prior written approval of the supplier, which shall not be unreasonably withheld, in the location of the dealer’s principal place of business or additional locations set forth in the agreement.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"7":{"id":214852,"text":"Withdrawal of an individual proprietor, partner, major shareholder, or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"8":{"id":214853,"text":"Revocation or discontinuance of any guarantee of the dealer’s present or future obligations to the supplier.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"9":{"id":214854,"text":"The dealer has failed to operate in the normal course of business for seven consecutive business days or has otherwise abandoned the business.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"10":{"id":214855,"text":"The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"11":{"id":214856,"text":"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.\n\t\t\t“Inventory” means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments, or repair parts.\n\t\t\t“Net cost” means the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier’s location to the dealer’s location, plus reasonable cost of assembly or disassembly performed by the dealer.\n\t\t\t“Superseded part” means any part that will provide the same function as a currently available part as of the date of cancellation.\n\t\t\t“Supplier” means a wholesaler, manufacturer, distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement with a dealer.\n\t\t\t“Termination” of an agreement means the termination, cancellation, nonrenewal, or noncontinuance of the agreement.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8"}},"ancestry":[{"id":14413,"edition_id":1,"name":"Equipment Dealers Protection Act","identifier":"27.1","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:03","date_modified":"2026-06-26 03:48:03","permalink":{"id":260959,"object_type":"structure","relational_id":14413,"identifier":"27.1","token":"59.1\/27.1","url":"\/59.1\/27.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58633,"structure_id":14413,"section_number":"59.1-352.1","catch_line":"Definitions","url":"\/59.1-352.1\/","token":"59.1\/27.1\/59.1-352.1","metadata":false},{"id":83699,"structure_id":14413,"section_number":"59.1-352.10","catch_line":"Failure to repurchase; 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This law was first created in 2002. The record of its establishment is cataloged in chapter 898<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":86047,"section_number":"59.1-352.3","catch_line":"Notice of termination of agreements","order_by":null,"url":"\/59.1-352.3\/"},{"id":57216,"section_number":"59.1-353","catch_line":"Chapter title; definitions","order_by":null,"url":"\/59.1-353\/"},{"id":87117,"section_number":"59.1-363","catch_line":"Exclusions","order_by":null,"url":"\/59.1-363\/"}],"refers_to":false,"permalink":{"id":260961,"object_type":"law","relational_id":58633,"identifier":"59.1-352.1","token":"59.1\/27.1\/59.1-352.1","url":"\/59.1-352.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-352.1\/","token":"59.1\/27.1\/59.1-352.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-352.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires otherwise:\n\t\t“Agreement<\/span>” means a written or oral contract<\/span> or agreement<\/span> between a dealer<\/span> and a wholesaler, manufacturer, or distributor by which the dealer<\/span> is granted one or more of the following rights:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To sell or distribute goods or services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t\t“Current model<\/span>” means a model listed in the wholesaler’s, manufacturer’s, or distributor’s current sales manual or any supplements.\n\t\t\t“Current net price<\/span>” means the price listed in the supplier<\/span>’s price list or catalog in effect at the time the agreement<\/span> is terminated, less any applicable discounts allowed.\n\t\t\t“Dealer<\/span>” means a person engaged in the business of selling at retail farm, construction, utility or industrial equipment, implements, machinery, attachments<\/span>, outdoor power equipment, or repair parts.\n\t\t\t“Family member<\/span>” means a spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law<\/span>, father-in-law<\/span>, daughter-in-law<\/span>, son-in-law<\/span>, stepparent, or stepchild, or a lineal descendant of the dealer<\/span> or principal owner of the dealership.\n\t\t\t“Good cause<\/span>” means failure by a dealer<\/span> to comply with requirements imposed upon the dealer<\/span> by the agreement<\/span> if the requirements are not different from those imposed on other dealers<\/span> similarly situated in this Commonwealth. In addition, good cause<\/span> exists in any of the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A petition<\/span> under bankruptcy<\/span> or receivership law<\/span> has been filed against the dealer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The dealer<\/span> has made an intentional misrepresentation with the intent<\/span> to defraud the supplier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Default<\/span> by the dealer<\/span> under a chattel mortgage or other security agreement<\/span> between the dealer<\/span> and the supplier<\/span> or a revocation<\/span> or discontinuance of a guarantee of a present or future obligation of the retailer to the supplier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Closeout or sale of a substantial part of the dealer<\/span>’s business related to the handling of goods; the commencement or dissolution or liquidation<\/span> of the dealer<\/span> if the dealer<\/span> is a partnership or corporation; or a change, without the prior written approval of the supplier<\/span>, which shall not be unreasonably withheld, in the location of the dealer<\/span>’s principal place of business or additional locations set forth in the agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Withdrawal of an individual proprietor, partner, major shareholder, or manager of the dealership, or a substantial reduction in interest of a partner or major shareholder, without the prior written consent of the supplier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Revocation<\/span> or discontinuance of any guarantee of the dealer<\/span>’s present or future obligations to the supplier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The dealer<\/span> has failed to operate in the normal course of business for seven consecutive business days or has otherwise abandoned the business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The dealer<\/span> has pleaded guilty to or has been convicted of a felony<\/span> affecting the relationship between the dealer<\/span> and the supplier<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The dealer<\/span> 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.\n\t\t\t“Inventory<\/span>” means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments<\/span>, or repair parts.\n\t\t\t“Net cost<\/span>” means the price the dealer<\/span> paid the supplier<\/span> for the inventory<\/span>, less all applicable discounts allowed, plus the amount the dealer<\/span> paid for freight costs from the supplier<\/span>’s location to the dealer<\/span>’s location, plus reasonable cost of assembly or disassembly performed by the dealer<\/span>.\n\t\t\t“Superseded part<\/span>” means any part that will provide the same function as a currently available part as of the date of cancellation.\n\t\t\t“Supplier<\/span>” means a wholesaler, manufacturer, distributor, or any purchaser of assets<\/span> or stock of any surviving corporation resulting from a merger or liquidation<\/span>, any receiver or assignee, or any trustee of the original manufacturer, wholesaler, or distributor who enters into an agreement<\/span> with a dealer<\/span>.\n\t\t\t“Termination<\/span>” of an agreement<\/span> means the termination<\/span>, cancellation, nonrenewal, or noncontinuance of the agreement<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-352.1)\n\nAs used in this chapter, unless the context requires otherwise:\n\t\t“Agreement” means a written or oral contract or agreement between\na dealer and a wholesaler, manufacturer, or distributor by which the dealer is\ngranted one or more of the following rights:\n\n1. To sell or distribute goods or services.\n\n2. To use a trade name, trademark, service mark, logo type, or advertising or\nother commercial symbol.\n\t\t\t“Current model” means a model listed in the wholesaler’s,\nmanufacturer’s, or distributor’s current sales manual or any\nsupplements.\n\t\t\t“Current net price” means the price listed in the\nsupplier’s price list or catalog in effect at the time the agreement is\nterminated, less any applicable discounts allowed.\n\t\t\t“Dealer” means a person engaged in the business of selling at\nretail farm, construction, utility or industrial equipment, implements,\nmachinery, attachments, outdoor power equipment, or repair parts.\n\t\t\t“Family member” means a spouse, brother, sister, parent,\ngrandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law,\nson-in-law, stepparent, or stepchild, or a lineal descendant of the dealer or\nprincipal owner of the dealership.\n\t\t\t“Good cause” means failure by a dealer to comply with\nrequirements imposed upon the dealer by the agreement if the requirements are\nnot different from those imposed on other dealers similarly situated in this\nCommonwealth. In addition, good cause exists in any of the following\ncircumstances:\n\n1. A petition under bankruptcy or receivership law has been filed against the\ndealer.\n\n2. The dealer has made an intentional misrepresentation with the intent to\ndefraud the supplier.\n\n3. Default by the dealer under a chattel mortgage or other security agreement\nbetween the dealer and the supplier or a revocation or discontinuance of a\nguarantee of a present or future obligation of the retailer to the supplier.\n\n4. Closeout or sale of a substantial part of the dealer’s business related\nto the handling of goods; the commencement or dissolution or liquidation of the\ndealer if the dealer is a partnership or corporation; or a change, without the\nprior written approval of the supplier, which shall not be unreasonably\nwithheld, in the location of the dealer’s principal place of business or\nadditional locations set forth in the agreement.\n\n5. Withdrawal of an individual proprietor, partner, major shareholder, or\nmanager of the dealership, or a substantial reduction in interest of a partner\nor major shareholder, without the prior written consent of the supplier.\n\n6. Revocation or discontinuance of any guarantee of the dealer’s present\nor future obligations to the supplier.\n\n7. The dealer has failed to operate in the normal course of business for seven\nconsecutive business days or has otherwise abandoned the business.\n\n8. The dealer has pleaded guilty to or has been convicted of a felony affecting\nthe relationship between the dealer and the supplier.\n\n9. The dealer transfers an interest in the dealership, or a person with a\nsubstantial interest in the ownership or control of the dealership, including an\nindividual proprietor, partner, or major shareholder, withdraws from the\ndealership or dies, or a substantial reduction occurs in the interest of a\npartner or major shareholder in the dealership.\n\t\t\t“Inventory” means farm implements and machinery, construction,\nutility and industrial equipment, consumer products, outdoor power equipment,\nattachments, or repair parts.\n\t\t\t“Net cost” means the price the dealer paid the supplier for the\ninventory, less all applicable discounts allowed, plus the amount the dealer\npaid for freight costs from the supplier’s location to the dealer’s\nlocation, plus reasonable cost of assembly or disassembly performed by the\ndealer.\n\t\t\t“Superseded part” means any part that will provide the same\nfunction as a currently available part as of the date of cancellation.\n\t\t\t“Supplier” means a wholesaler, manufacturer, distributor, or any\npurchaser of assets or stock of any surviving corporation resulting from a\nmerger or liquidation, any receiver or assignee, or any trustee of the original\nmanufacturer, wholesaler, or distributor who enters into an agreement with a\ndealer.\n\t\t\t“Termination” of an agreement means the termination,\ncancellation, nonrenewal, or noncontinuance of the agreement.\n\nHISTORY: 2002, c. 898.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}