BSM Overcomes Attempt by Hyundai to Throw Out Transfer Turn-down Challenge
Dealer Franchise Law
by admin
1M ago
The Firm is representing a Hyundai dealer who has challenged Hyundai Motor America’s (HMA) denial of the sale of its dealership as unreasonable and unfair under the provisions of Washington law.  HMA filed a motion for summary judgment asking the Administrative Law Judge to throw the case out because the buy-sell documentation had expired and […] The post BSM Overcomes Attempt by Hyundai to Throw Out Transfer Turn-down Challenge appeared first on Bass Sox Mercer | Auto Dealer Franchise Law ..read more
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Dealership Add Point Cases End Successfully
Dealer Franchise Law
by admin
1M ago
BSM routinely represents dealers who are relocating operations or have been awarded a new dealership point, and less often, dealers who are re-opening previously closed locations.  The Firm also assists dealers who wish to protest a proposed relocation, re-opening or addition of a new dealership point into their relevant market area.  Most recently, BSM assisted […] The post Dealership Add Point Cases End Successfully appeared first on Bass Sox Mercer | Auto Dealer Franchise Law ..read more
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BSM Hires New Senior Counsel
Dealer Franchise Law
by admin
1M ago
We are very excited to announce the hiring of Denise Branch as Senior Counsel with BSM.   Denise Branch joined the North Carolina Bar in 2005.  She was most recently Chief Legal Officer at Crossroads Automotive Group and held that position for 7 years.  In her position at Crossroads Automotive Group, Denise was responsible for […] The post BSM Hires New Senior Counsel appeared first on Bass Sox Mercer | Auto Dealer Franchise Law ..read more
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Considerations for Seller Financing in an Ever-Changing Market
Dealer Franchise Law
by admin
1M ago
By: Clayton Lee Lovett Recent market trends have led to an increasing number of transactions involving seller financing in some aspect of the overall deal structure. Understandably, most sellers prefer not to provide financing as a condition for closing a transaction, favoring cash or traditional financing instead. However, seller financing is becoming more common—and sometimes […] The post Considerations for Seller Financing in an Ever-Changing Market appeared first on Bass Sox Mercer | Auto Dealer Franchise Law ..read more
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Warranty Work Reimbursement: New York Dealer Choice of Time Guide
Dealer Franchise Law
by admin
1M ago
By: Andrew G. Thomas, Esq. and Richard Sox, Esq. On September 4, 2024, New York’s Governor signed pro-dealer legislation which mandates that vehicle manufacturers fully compensate their dealers for the real time it takes to perform warranty and recall repair work. Specifically, the bill added language to New York’s existing franchise act which requires manufacturers […] The post Warranty Work Reimbursement: New York Dealer Choice of Time Guide appeared first on Bass Sox Mercer | Auto Dealer Franchise Law ..read more
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HMA Withdraws Product Shipment Addendum
Dealer Franchise Law
by admin
4M ago
In another example of the positive impact of dealer push-back, Hyundai Motor America has agreed to withdraw the Product Shipment Addendum recently sent to, and entered into by, a number of dealers.  Among other egregious provisions, the Product Shipment Addendum required dealers to accept the risk of damage/loss of a new vehicle upon the vehicle leaving the port of entry for delivery to the dealership.  This is a dramatic departure from an OEM’s historic responsibility to hold the risk of damage/loss until delivery to the dealership.  Of course, damage or loss in transport is no ..read more
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Ford EV Program Litigation Not Over Yet
Dealer Franchise Law
by admin
4M ago
As readers know from prior editions of the BSM Report, our lawyers have brought several lawsuits against Ford related to the Ford EV program.  Now that Ford has announced that it is pulling most requirements of the Program (see article below), where does this leave us in the courts?   Despite what amounts to an admission that the Program requirements were unreasonable, Ford has asked the courts in each of the cases challenging the Program to simply close the case.  Ford has not offered to reimburse the Ford dealer plaintiffs in those cases so much as their legal fees and co ..read more
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Strategies for Responding and Protecting Online Reputation on Review Websites
Dealer Franchise Law
by admin
4M ago
By Micah A. Andrews An experienced dealer in the modern market is well aware of the importance and impact of their businesses’ online reputation. With the evolution to a vast amount of customer shopping taking place online, fair or not, a dealership’s reputation on review websites has become increasingly important to the success of their operations.  Review websites (ex. Better Business Bureau, KBB, DealerRater, Yelp, Google, Etc.) are now the most common resources used by customers to publish opinions about their experience at a dealership and are easily accessible to future customers sh ..read more
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Dealer Performance Letters & Hyundai’s Recent Involvement
Dealer Franchise Law
by admin
4M ago
By Nicholas A. Bader Starting with the onset of the COVID-19 pandemic, the automotive retail industry entered a fascinating phase. An industry, expected to be barreling towards disaster instead, roared on. Amongst the supply chain shortages, and rush to internet commerce, another dynamic appeared that did not receive as much press attention. Automakers for a time were less active with dealer network changes—at least the ones they initiated. Sure, dealer networks saw plenty of changes through a buy/sell frenzy. But, the activity of add-points and sales performance terminations stalled for a whi ..read more
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Model e Program is Discontinued by Ford
Dealer Franchise Law
by admin
4M ago
By Jeremiah M. Hawkes After numerous legal challenges, dealer pushback, and disappointing sales Ford announced it was dropping its highly questionable Model e program, which imposed onerous requirements on dealers for chargers, training, demonstration vehicles and loaners. The program also required dealers to use Ford’s E-Commerce site to complete sales, which allowed Ford to directly provide financing and gather customer data; and the Guest XP program, which allowed Ford to track service appointments and prevented dealers from working with vendors they chose. The program started in January of ..read more
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