Section 45.50.830. Court to determine fair market value when parties cannot agree.

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If under AS 45.50.820 the distributor or refiner has good cause and the distributor or refiner and the dealer cannot agree on the fair market value of the business, then either party may initiate an action in the superior court where the retail outlet exists. Reasonable attorney fees and the appraiser fees shall be awarded to the dealer if the amount awarded to the dealer by the jury or the court is 10 percent higher than the final offer, if any, made by the refiner or distributor before the filing of the lawsuit.  If the amount awarded to the dealer by the jury or the court is 10 percent lower than the final offer, if any, made by the refiner or distributor before the filing of the lawsuit, reasonable attorney fees and the appraiser fees shall be awarded to the refiner or distributor.

Authorities

45.50.820

Notes

References

AS 45.50.820 Obligation of distributor to repurchase upon termination, etc., of agreement.

History

(Sec. 2 ch 234 SLA 1976)

                    
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