October 2019

The BSM Report QUARTER 3 – 2019 | NEWSLETTER VOL.47 BSM NEWS BRIEFS 2019 3rd Q, Vol 47 – Newsbriefs   Lincoln Commitment Program Creates Potential for Competitive Disadvantage  The Lincoln Commitment Program (LCP) was first announced by Ford’s Lincoln Division in 2018. Due to tremendous push-back from both dealers and Dealer Associations as to the facility requirements of the LCP, Ford withdrew the Program. Read More GM Dealer Agreement Renewal GM’s Dealer Sales and Service Agreement renews for all dealers on November 1, 2020. GM is already sending dealers ownership and management information to insure they have the correct information on file to be ready when GM issues the proposed new Dealer Agreement next year. Read More VW Dealer’s Class Action Continues Against Bosch As our readers know, BSM is co-counsel in the VW Dealer class action against Robert Bosch, LLC and Robert Bosch, GmbH (collectively “Bosch”) seeking damages resulting from the Diesel-gate scandal.  Read More  FRANCHISE NEWS Allocation: It’s More Than “Turn and Earn” One of the frequent issues BSM attorneys provide advice on and litigate over is the allocation and distribution of vehicles. A generally accepted principle in the automotive industry is “you can’t sell what you don’t have.” Read More Responding to Audit Notices I wrote about manufacturer audit activity earlier this year, because there appeared to be an uptick in activity levels and there can be serious consequences depending on the findings of the audit. That activity has continued, and I will address some of the same considerations when an audit notice arrives. Read More COMPLIANCE Best Practices to Minimize and Win Lawsuits by Former Employees Lawsuits brought by former employees have become an all too common fact of doing business these days. However, by having human resource employees and supervising managers implement and follow a few best practices, you can ensure that these inevitable claims do not constantly become major issues for your dealership. Read More TRANSACTIONS Preparing Your Vehicle Inventory for a Closing One of the most difficult tasks you will encounter when selling a dealership is completing your vehicle inventory and preparing those vehicles for closing. Here are some helpful tips to get you through a closing. Read More