OEMs Continue to Attempt to Avoid Application of Franchise Laws
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 ex
House Bill 977 – Changing Florida’s Vicarious Liability Laws
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
BSM Continues to Assist Dealers Navigate the Ever-Changing PPP Loan Rules
BSM Shareholder, Richard Sox, has presented seven (7) seminars on the Paycheck Protection Program loan eligibility and forgiveness thus far for various dealer organizations. The co
BSM and Hagens Berman File Appeal on behalf of VW Dealer Class
BSM and its co-counsel, Hagens Berman, recently filed an appellate brief seeking to overturn the trial court’s dismissal of the VW dealers’ claims against Robert Bosch GmbH and
KMA Remains Extremely Active in Pursuing Franchise Terminations
We continue to see Kia Motors America issue Notices of Termination to dealers across the United States. In the last three months alone, BSM has been retained by Kia dealerships in
Thinking About Passing Along Your New Vehicle Franchise to a Family Member Upon Retirement? … It May Not be Quite so Easy
Most dealers assume that when it comes time to retire from the dealer owner-operator position you will be able to designate a family member as your replacement. Increasingly, the m
California Consumer Privacy Act – A Game Changer for All Dealers Effective January 1, 2020
The California Consumer Privacy Act, effective Jan. 1, 2020, gives California consumers the right to take more ownership of their data. Among other requirements, the new law requir
The Importance of Responding to Manufacturer Performance Letters
Almost all OEMs send periodic letters to their franchisees summarizing dealerships’ past sales and customer satisfaction performance. Depending on the manufacturer, these letters
California’s Warranty Reimbursement at Retail Legislation
AB 179, California’s warranty reimbursement at retail legislation, was approved by the Governor on October 12, 2019. The approval of the legislation marks the end of a several ye
Transaction Activity Still High
This year has seen continued, brisk activity in the buy-sell market. Large and small automotive groups alike seem to be taking part in the flurry of transactions. This increased ac