Clampett v. Chevron U.S.A., Inc., No. 87-712 CIV-J-16 (M.D. Fla. 9-20-88) Slip Opinion
Summary judgment for franchisor. Franchisor is not required to offer to sell the franchise to franchisee when renewing the lease with a conversion provision. New agreements contained a variable rent provision and a provision for the conversion from full service to self-service with a C-store and car wash. Franchisor had a uniform program which selected certain stations for reconstruction and conversion. Franchisee refused to accept the new lease when offered during the term of his existent lease because he objected to the increased rent. This section and not § 2802(b)(3)(D) applies. Held the requirements of this section must be scrutinized according to the "subjective" good faith test. The economic soundness or the effect of the rent scheme on franchisee is not to be considered by the court. All that is required is that franchisor show terms are not being arbitrarily applied.