Members News

Car and Driver 10-17

Car and Driver 10-17 375 250 clevercow

Buy Sell Report 10-17

Buy Sell Report 10-17 375 250 clevercow

Automotive News F&I Report 10-16

Automotive News F&I Report 10-16 375 250 clevercow

BSM Q3 2019

BSM Q3 2019 375 250 clevercow


The BSM Report


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.

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.
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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.


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.”

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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.

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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.

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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.

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BSM Q2 2019

BSM Q2 2019 375 250 clevercow


The BSM Report


2019 2nd Q, Vol 46 – Newsbriefs
Another Victory Against Challenges to OEM Direct Sales 
In an interesting twist to the prior challenges brought by Tesla Motors to state motor vehicle franchise law prohibitions or limitations on retail sales by a manufacturer…

BSM Files Numerous Protests Opposing Toyota and Lexus

Toyota Motor Sales, its regional distributors and the Lexus Motor Division recently gave notice to dealers across the United States.
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BSM Looks To Break Previous Year’s Record of Buy-Sells
The Bass Sox Mercer Transaction Group has become accustomed to breaking records. Last year, closing a record 56 transactions involving 75 dealership rooftops…


Some Gag Clauses and Confidentiality Clauses Violate Federal Law

The Consumer Review Fairness Act, a federal law passed in 2016 (“CRFA“), prohibits a business from restricting certain kinds of speech.

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Emerging Issue: Dealer Website Compliance with the ADA

The internet has radically changed the way consumers shop for vehicles and make initial contact with motor vehicle dealerships.

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6 Ways to Better Position your Real Estate for Sale
The sale of a vehicle dealership involves two basic transactions wrapped into one, the sale of assets (goodwill, vehicles, parts, supplies and fixed assets) and the sale or lease of real estate.

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Common Environmental Issues in Auto Dealership Transactions
Older auto dealership properties seem to regularly trigger poor reports from environmental assessment companies, thus triggering Phase II investigations, and, in some cases costly remediation.

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