The Firm has been retained by two Ford dealers in New York to challenge certain components of the Ford Model e Certified Elite Program. Ford Motor Company rolled out the new electric vehicle program requiring dealers to choose one of three allocation categories – (1) full access to electric...
BSM Assists Dealers and Dealer Associations With Challenging Ford EV Program
Written by admin on . Posted in 2022, Newsbrief.
The Firm has been providing legal counsel to a number of dealers and dealer associations around the United States in response to Ford’s Model e Certified Elite Program. Our work has involved determining which components of the Program violate a particular state’s motor vehicle franchise...
Preparing for Your Next Audit
Written by admin on . Posted in 2022, Franchise News.
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 audit as a routine or standard occurrence. While OEMs are contractually allowed to audit your dealership, you should...
Hyundai’s Peculiar Rejections
Written by admin on . Posted in 2022, Franchise News.
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 to allow a dealer to renovate unless and until that dealer appeases their wishes for a Genesis facility. In other...
The Importance of Force Majeure Clauses
Written by admin on . Posted in 2022, Transaction Update.
By Logan S. Parker
Force majeure is a clause common in commercial contracts. The clause allows a party to terminate a contract or delay performance of a particular term in a contract upon the occurrence of an unforeseen or extraordinary event. Force majeure clauses were invoked quite...