BSM Retained to Challenge the Lincoln Commitment Program on behalf of the New Jersey Coalition of Automobile Retailers
NJCAR has retained BSM to file a complaint in New Jersey federal court challenging the Lincoln Commitment Program as a violation of the New Jersey franchise protections. The New Je
Due Diligence Standard in Today’s Automotive Buy-Sell Market
Back in April and May of this year, the economy came to a grinding halt as many cities ordered businesses to close. Things looked pretty dismal, both for our dealer clients and Bas
Dealer Agreement Renewals and Modifications: Dot Your “I’s” and Cross Your “T’s”
When changes are made to your Dealer Agreement, which many times occurs upon renewal, they should be carefully scrutinized to ensure that they are not harmful to your dealership.&n
Hyundai Motor America’s New ROFR Addendum
HMA has recently started sending a Right of First Refusal Addendum (the “Addendum”) to Hyundai dealers for signature. Many dealers have been questioning whether the language in
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