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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

The BSM Report QUARTER 2 – 2019 | NEWSLETTER VOL.46 BSM NEWS BRIEFS 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… Read More 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. Read More 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… Read More COMPLIANCE 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. Read More 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. Read More TRANSACTIONS 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. Read More 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. Read More