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Motor Dealers and Chattel Auctioneers Act 2014
sec.85Proposal for assignment of appointment
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### sec.85 Proposal for assignment of appointment
This section applies if a motor dealer who holds a motor dealer appointment from a client proposes to assign the appointment to another motor dealer (the proposed assignee ) without changing the terms of the appointment.
However, this section does not apply to the assignment of a motor dealer appointment if—
the terms of the appointment authorise the assignment of the appointment; and
the assignment is made under the terms of the appointment.
At least 14 days before the motor dealer assigns the appointment, the motor dealer must give the client written notice of the proposed assignment.
The notice must state the following—
the proposed assignee’s name;
that the appointment is to be assigned without changing its terms;
the client may agree or refuse to agree to the proposed assignment;
when the proposed assignment is to take effect.
If the client agrees to the assignment and the motor dealer assigns the appointment under this section, the appointment is taken, for section 81 , to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.
(sec.85-ssec.1) This section applies if a motor dealer who holds a motor dealer appointment from a client proposes to assign the appointment to another motor dealer (the proposed assignee ) without changing the terms of the appointment.
(sec.85-ssec.2) However, this section does not apply to the assignment of a motor dealer appointment if— the terms of the appointment authorise the assignment of the appointment; and the assignment is made under the terms of the appointment.
(sec.85-ssec.3) At least 14 days before the motor dealer assigns the appointment, the motor dealer must give the client written notice of the proposed assignment.
(sec.85-ssec.4) The notice must state the following— the proposed assignee’s name; that the appointment is to be assigned without changing its terms; the client may agree or refuse to agree to the proposed assignment; when the proposed assignment is to take effect.
(sec.85-ssec.5) If the client agrees to the assignment and the motor dealer assigns the appointment under this section, the appointment is taken, for section 81 , to be an appointment by the client of the proposed assignee and to continue to have effect according to its terms.
- (a) the terms of the appointment authorise the assignment of the appointment; and
- (b) the assignment is made under the terms of the appointment.
- (a) the proposed assignee’s name;
- (b) that the appointment is to be assigned without changing its terms;
- (c) the client may agree or refuse to agree to the proposed assignment;
- (d) when the proposed assignment is to take effect.