Author: admin

Name: Bass Sox Mercer | Auto Dealer Franchise Law
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Waivers of Liability from COVID-19, Not All They Are Cracked Up to Be

Written by admin on September 22, 2020. Posted in 2020, Compliance, COVID-19 Related Articles and Resources, Newsletter.

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, let’s examine the bigger picture here. COVID-19 related lawsuits against dealerships are likely to come from two distinct...

Volkswagen and General Motors Take Different Position on Electric Vehicle Distribution Agreements

Written by admin on June 25, 2020. Posted in 2020, Franchise News, Newsletter.

Volkswagen dealers recently received The Battery Electric Vehicle Distribution Terms and Conditions Agreement (“BEV Agreement”) which is purported to be required before receiving Volkswagen’s new electric vehicle models. Likewise, GMC and Chevrolet dealers have received GM’s Electric Models Participation...

COVID-19 Related Factory Shutdowns Adversely Impact Vehicle Allocation

Written by admin on June 25, 2020. Posted in 2020, COVID-19 Related Articles and Resources, Franchise News, Newsletter.

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, and new motor vehicle production ground to a halt. The downstream impacts to dealers may have been minimal at the outset...

OEMs Continue to Attempt to Avoid Application of Franchise Laws

Written by admin on June 25, 2020. Posted in 2020, Legislation, Newsletter.

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 executed prior to the passing of those statutes. This position allows the OEM to avoid compliance with necessary and...

House Bill 977 – Changing Florida’s Vicarious Liability Laws

Written by admin on June 25, 2020. Posted in 2020, Legislation, Newsbrief, Newsletter.

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 an individual whose negligent operation causes damage to another.” However, companies that rent or lease vehicles became...

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