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Legal Information Network
Table of Contents

1. NEGOTIATING A PMPA FRANCHISE
A. THE NEGOTIATION PROCESS
Nov 93 #169 - Dealer
has five days to revoke agreement to franchise change
Aug 94 #178 - Your right to
representation in franchise negotiations
Sep 94 #179 - Secret taping raises serious
legal issues
Aug 96 #202 - 20 questions
to ask about a service station franchise renewal
Jul 97 #213 - Dealers may
be giving up important rights at renewal time
Jan 98 #219 - Understand
what you sign
B. ORAL PROMISES
Jan 93 #159 - Court
says dealer could not rely on Shell's oral promise
Apr 93 #162 - Court says
dealer shouldn't have believed Exxon
Feb 94 #172 - Court says
dealer can sue Shell for fraudulent C-store promise
May 96 #199 - Appeals court
says Exxon's oral promise legally worthless
C. RENT
May 92 #151 - Rent
increase upheld
Nov 92 #157 - Shell's rent
program upheld
Jun 93 #164 - Court says
dealer couldn't withhold rent
Jul 93 #165 - Appeals court
reinstates rent challenge
Jan 94 #171 - Court says
dealer should have asked for rent break sooner
D. CONTRACT DEALERS
Nov 93 #169 - Mobil
dealers cautioned on property deals
Jul 98 #225 - Mobil case
illustrates dangers of supply-loan deals
2. PMPA DEFAULT & TERMINATION
A. GENERALLY
Nov 92 #157 - Ruling
illustrates problems with mutual termination agreements
Oct 94 #180 - The 120-day
rule under the PMPA
B. DEFAULT NOTICES
Oct 98 #228 - Save default notices
Oct 98 #228 - How to
respond to notice
C. LAWSUITS
Nov 93 #169 - Appeals
court says Shell dealers waited too long to sue
Feb 95 #184 - Ruling
against Mobil dealer shows dangers of waiting too long to sue
Feb 96 #196 - How damages
are proved in service station cases
3. PMPA TERMINATION GROUNDS
A. CUSTOMER COMPLAINTS
Jul 92 #153 - Customer
complaints nonrenewal upheld
Sep 92 #155 - Chevron wins
customer pricing complaints case
May 95 #187 - Termination
of ARCO franchise for customer complaints upheld
B. DEALER FRAUD
Sep 92 #155 - Appeals
court upholds termination in meter reading case
Mar 94 #173 - Fraudulent
property transfers can result in criminal charges
C. HOURS OF OPERATION
May 94 #175 - Court
rejects dealer's religious objections to operating hours requirements
Jun 94 #176 - Operating
hours requirements raise crime issue
Dec 98 #230 - The
California hours law
D. LATE OR NON-PAYMENT
Jul 94 #177 - Franchise
termination for late payment upheld
E. MINIMUM VOLUME CLAUSES
Oct 96 #204 - The
enforceability of minimum volume clauses
F. STATION CLOSURES
Apr 92 #150 - How
cleanup cost liability can affect a dealer's PMPA rights
May 92 #151 - Valuing
service station master lease interests
Jun 92 #152 - The 'highest
and best use' issue in PMPA land sale cases
Dec 92 #158 - Court rules
Mobil's offer wasn't bona fide
Mar 94 #173 - Court says
first refusal offer to dealer met PMPA requirements
Sep 94 #179 - Court upholds
Exxon first-refusal offer
May 95 #187 - Assignment of
master lease renewal options under 1994 PMPA amendments
Jul 95 #189 - 1994 PMPA
amendments require sale of improvements to dealers on leased land
Mar 97 #209 - Station
closures where the Oil Company owns the land
Apr 98 #222 - Chevron
dealers face uncertain future
G. TRADEMARK VIOLATIONS
May 94 #175 - Court
upholds termination for trademark violations
Nov 95 #193 - Mobil's termination of
misbranding dealer upheld
H. USE RESTRICTIONS
Sep 93 #167 - Use
restrictions in service station leases
4. SALE OF A STATION BUSINESS
A. BUYER'S PERSPECTIVE
Jun 93 #164 - Business
buyer should get tax clearance before closing
Jan 94 #171 - Ruling shows
dangers of false dealer applications
Mar 94 #173 - Court lets
unsuccessful buyer proceed with his PMPA claim
Jun 94 #176 - Buyers should
be wary of accepting a trial franchise
Jan 95 #183 - 10 questions
service station franchise buyers should ask
B. SELLER'S PERSPECTIVE
Aug 92 #154 - Court
ruling shows importance of service station business sales law
Mar 93 #161 - The dangers
of 'straw man' business sales
Mar 95 #185 - 10 questions
that service station franchise sellers should ask
Jul 96 #201 - Seller
should make sure escrow closes when giving up possession
C. TRANSFER FEES
Apr 92 #150 - Chevron
dealer recoups 60% of transfer fee
Jul 93 #165 - Dealer
wins $110,000 award in Chevron transfer fee case
Nov 93 #169 - Chevron
loses fifth transfer fee case
Jan 94 #171 - Chevron
loses sixth transfer fee case
D. FRANCHISOR FIRST REFUSAL RIGHTS
Feb 95 #184 - Beware
of franchisor assignment of first refusal rights
5. BEQUEATHMENT
May 93 #163 - The California bequeathment law
Aug 93 #166 - Incorporation
won't always avoid franchise termination on dealer's death
Aug 95 #190 - 1994 PMPA amendments validate
California bequeathment law
6. PRICING
Nov 95 #193 - Court says Shell might have set tankwagon price in bad faith
Oct 96 #204 - The supplier's obligation to
price in good faith
Jul 97 #213 - Price discrimination under
California law
Feb 98 #220 - Wholesale and retail gasoline
pricing - a review of the basic law
May 98 #223 - Vertical price held fixing not
always illegal
7. UNFAIR COMPETITION
A. Below cost selling
Dec 92 #158 - California's below cost
selling law
Jul 93 #165 - Refiner loses below cost selling
ruling
B. Secret rebates
Aug 95 #190 - California law prohibits
secret anti-competitive rebates
Oct 97 #216 - Retailer can sue competitor for
receiving illegal secret rebate
C. Franchisor competition
Feb 93 #160 - Court rules opening a
competing franchise may constitute bad faith
Feb 98 #220 - Federal court holds that
encroachment may violate franchise agreement
8. BUYING FROM JOBBERS
May 92 #151 - Court says refiner can control jobber sales
Sep 96 #203 - Antitrust claims based on Exxon's
jobber restraints dismissed
9. CREDIT CARDS
Oct 93 #168 - Save dealer copies of credit card invoices
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