Changing Part Numbers or Price Due to the Volume of Repairs or an Anticipated Recall
We have heard from numerous dealers that manufacturers have been reducing part prices related to specific repairs, or changing part numbers. While a manufacturer may have legitimat
Waivers of Liability from COVID-19, Not All They Are Cracked Up to Be
A waiver seems like a good idea to address potential liability for your dealership from COVID-19 related exposure, but it may create more problems than its ultimate value. First, l
Volkswagen and General Motors Take Different Position on Electric Vehicle Distribution Agreements
Volkswagen dealers recently received The Battery Electric Vehicle Distribution Terms and Conditions Agreement (“BEV Agreement”) which is purported to be required before receivi
COVID-19 Related Factory Shutdowns Adversely Impact Vehicle Allocation
The ongoing COVID-19 pandemic has impacted, rather severely, the OEM’s ability to turn out new product. Shortly after the pandemic hit, plants were limited and/or closed, a
OEMs Continue to Attempt to Avoid Application of Franchise Laws
One of the first strategies OEMs often employ to avoid complying with a state’s franchise law protections is to argue that the laws do not apply to a dealer agreement that was ex
House Bill 977 – Changing Florida’s Vicarious Liability Laws
Historically, the Dangerous Instrumentalities Doctrine has imposed strict liability on the owner of a motor vehicle whenever the owner “voluntarily entrusts that motor vehicle to
Transaction Activity Slowed by COVID-19
After several years of record high transaction activity, there has been a lull in the buy-sell market due to COVID-19. Bass Sox Mercer noticed a steep decline in transaction activi
BSM Continues to Assist Dealers Navigate the Ever-Changing PPP Loan Rules
BSM Shareholder, Richard Sox, has presented seven (7) seminars on the Paycheck Protection Program loan eligibility and forgiveness thus far for various dealer organizations. The co
BSM and Hagens Berman File Appeal on behalf of VW Dealer Class
BSM and its co-counsel, Hagens Berman, recently filed an appellate brief seeking to overturn the trial court’s dismissal of the VW dealers’ claims against Robert Bosch GmbH and
KMA Remains Extremely Active in Pursuing Franchise Terminations
We continue to see Kia Motors America issue Notices of Termination to dealers across the United States. In the last three months alone, BSM has been retained by Kia dealerships in