Operating Agreements and Ownership/Control Agreements
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 i
Don’t Let the OEM Be the Only One Telling the Story
By Micah A. Andrews Seasoned dealers are well familiar with receiving the standard boiler-plate OEM performance letters which periodically summarize (usually incorrectly) the deale
What Dealers Need To Know About Manufacturer Data Sharing Agreements
By Andrew G. Thomas Over the past few years, many state legislatures have been keenly focused on implementing and improving consumer data privacy laws both in general and in
Documentation Matters: Employee v. DealershipsÂ
By: Maya Hendry In the business of selling new vehicles and equipment, there is nothing worse than a disgruntled customer . . . except for a disgruntled employee. While
The Future of Mobile Service is Here
By: Danielle Roth For years now Tesla has provided “Tesla Rangers” to perform at-home or at-work portable service for certain Tesla vehicle repairs. The Tesla Rangers typically
Go on the Record and Tell the OEMs What Their Metrics Don’t Do
By Nicholas A. Bader The industry changed somewhat during the COVID-19 pandemic. With that in the rearview mirror, one issue is returning—performance letters sent by OEMs. As a r
Preparing for Your Next Audit
By W. Kirby Bissell and Jason Allen Audits are a fact of life for motor vehicle dealers. Every OEM has the contractual ability to audit its dealers and it is easy to treat the audi
Hyundai’s Peculiar Rejections
By: Nicholas A. Bader and Danielle M. Roth A pattern has emerged lately where Hyundai and Genesis are peculiarly rejecting dealers’ requests. In some cases, Hyundai is refusing t
The Territories They Are A-Changin’
By: W. Kirby Bissell As many dealers are already aware, manufacturers are in the process of updating dealers’ areas of primary responsibility to conform to the 2020 Census result
Continuing to Diligently Request Allocation of Vehicles
By: Micah A. Andrews & Jason T. Allen As dealers are well aware, there has been limited product availability across almost the entire automotive industry for multiple years. Pr