Lincoln Commitment Program Creates Potential for Competitive Disadvantage
The Lincoln Commitment Program (LCP) was first announced by Ford’s Lincoln Division in 2018. Due to the tremendous push-back from both dealers and Dealer Associations as to
Responding to Audit Notices
I wrote about manufacturer audit activity earlier this year, because there appeared to be an uptick in activity levels and there can be serious consequences depending on the findin
Allocation: It’s More Than “Turn and Earn”
One of the frequent issues BSM attorneys provide advice on and litigate over is the allocation and distribution of vehicles. A generally accepted principle in the automotive i
Best Practices to Minimize and Win Lawsuits by Former Employees
Lawsuits brought by former employees have become an all too common fact of doing business these days. However, by having human resource employees and supervising managers implement
Preparing Your Vehicle Inventory for a Closing
One of the most difficult tasks you will encounter when selling a dealership is completing your vehicle inventory and preparing those vehicles for the closing. Here are some helpfu
Another Victory Against Challenges to OEM Direct Sales
In an interesting twist to the prior challenges brought by Tesla Motors to state motor vehicle franchise law prohibitions or limitations on retail sales by a manufacturer, a Tesla
BSM Files Numerous Protests Opposing Toyota and Lexus Dealership Territory Changes
Toyota Motor Sales, its regional distributors, and the Lexus Motor Division recently gave notice to dealers across the United States that it planned to change their assigned territ
BSM Looks to Break Previous Year’s Record of Buy-Sells
The Bass Sox Mercer Transaction Group has become accustomed to breaking records. Last year, the Group closed a record 56 transactions involving 75 dealership rooftops, and the Grou
Some Gag Clauses and Confidentiality Clauses Violate Federal Law
The Consumer Review Fairness Act, a federal law passed in 2016 (“CRFA”), prohibits a business from restricting certain kinds of speech. The Federal Trade Commission (“FTC”)
Emerging Issue: Dealer Website Compliance with the ADA
The internet has radically changed the way consumers shop for vehicles and make initial contact with motor vehicle dealerships. This expanding medium for advertising and marketing