Author: admin

Name: Bass Sox Mercer | Auto Dealer Franchise Law
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BSM Retained to Challenge the Lincoln Commitment Program on behalf of the New Jersey Coalition of Automobile Retailers

Written by admin on September 23, 2020. Posted in 2020, Newsbrief, Newsletter.

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 Jersey Lincoln dealers overwhelmingly objected to the requirement in the Lincoln Commitment Program to construct an exclusive...

Due Diligence Standard in Today’s Automotive Buy-Sell Market

Written by admin on September 23, 2020. Posted in 2020, Newsletter, Transaction Update.

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 Bass Sox Mercer. The phone stopped ringing and several buy-sells in our pipeline were terminated by buyers. Come June...

Dealer Agreement Renewals and Modifications: Dot Your “I’s” and Cross Your “T’s”

Written by admin on September 23, 2020. Posted in 2020, Franchise News, Newsletter.

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. In many states, dealers are afforded the opportunity to challenge these changes, and that opportunity may be waived...

Hyundai Motor America’s New ROFR Addendum

Written by admin on September 23, 2020. Posted in 2020, Franchise News, Newsletter.

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 included in the Addendum is standard for rights of first refusal (“ROFR”) in a Dealer Sales and Service Agreement (“DSSA”)....

Changing Part Numbers or Price Due to the Volume of Repairs or an Anticipated Recall

Written by admin on September 23, 2020. Posted in 2020, Franchise News, Newsletter.

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 legitimate reasons for doing this, it is also a tactic typically employed by manufacturers to reduce the amount of compensation...

Author: admin

BSM Overcomes Attempt by Hyundai to Throw Out Transfer Turn-down Challenge

Dealership Add Point Cases End Successfully

BSM Hires New Senior Counsel

Considerations for Seller Financing in an Ever-Changing Market

Warranty Work Reimbursement: New York Dealer Choice of Time Guide