Name: Bass Sox Mercer | Auto Dealer Franchise Law
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BSM Prevails in Establishing Dealer Association Standing

Written by admin on April 9, 2024. Posted in 2024, Newsbrief.

In January of 2020, BSM filed a lawsuit against Ford on behalf of the New Jersey Coalition of Automobile Retailers arguing that Ford’s Lincoln Commitment Program (“LCP”) violated the New Jersey Franchise Practices Act. The LCP provides dealers participating in the Program with a per vehicle incentive...

Operating Agreements and Ownership/Control Agreements

Written by admin on March 22, 2024. Posted in 2024, Franchise News.

THE BEGINNINGS OF A MARRIAGE By Andrew G. Thomas As part of two or more individuals (each an investor) forming a new legal entity to own and operate a franchised dealership, it is important that the investors devote time to the negotiation and preparation of an ownership agreement, such as...

Don’t Let the OEM Be the Only One Telling the Story

Written by admin on March 22, 2024. Posted in 2024, Franchise News.

By Micah A. Andrews Seasoned dealers are well familiar with receiving the standard boiler-plate OEM performance letters which periodically summarize (usually incorrectly) the dealership’s recent activities and performance. The letters typically have the same stock language about ensuring...

Best Practices for Attorney Communications

Written by admin on March 22, 2024. Posted in 2024, Legal.

By: Nick Bader From time to time, you may have communications with your attorneys, and dealers should want to maintain the privileged nature of those communications. The law in each state has provisions protecting those communications, but those protections can be waived. While OEMs and dealers...

Statutory Deadlines to Approve a Sale or Exercise Right of First Refusal

Written by admin on March 22, 2024. Posted in 2024, Transaction Update.

By Jason T. Allen As any buyer or seller knows, factory approval of a transaction is necessary to close a deal and can also dictate the timing of the closing. Most state statutes provide a deadline by which the factory must respond to a submitted buy/sell, which can act as a backstop for...

BSM Prevails in Establishing Dealer Association Standing

Operating Agreements and Ownership/Control Agreements

Don’t Let the OEM Be the Only One Telling the Story

Best Practices for Attorney Communications

Statutory Deadlines to Approve a Sale or Exercise Right of First Refusal

Prohibiting Unauthorized Charges: Subaru’s Technical Service Content

Second Delivery Programs – A Useful Tool for Dealers or Manufacturers’ Quiet Encroachment

Falling Down on the Job – Reducing Costs Associated with Injured Workers

Bass Sox Mercer Adopts Local Families for Christmas

Nick Bader Becomes a Firm Shareholder