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Practice/Industry Group Overview
In today’s highly competitive U.S. automotive market, manufacturers and dealers alike are being forced to make fundamental changes in the way they do business. Compounded with the market forces affecting automakers, many state legislatures are widening the scope of regulatory controls over franchise termination, establishment of new dealer points, vehicle allocation, satellite warranty repair, the sale of used vehicles and other aspects of the business. Greenberg Traurig’s automotive dealership team partners with major dealers around the country, providing counsel on the legal issues they face in today’s uncertain environment.
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Services Available
We have experience handling dealership acquisitions and sales, structuring retail operations, advising on contract agreements and administering employee benefit plans. Our wide-ranging industry experience and the firm’s national resources and reach enable us to offer practical legal services to auto dealers around the country.
Multidisciplinary Legal Services for Auto Dealers
- Buying and selling dealerships (asset or stock deals)
- Employment law (including litigation and preventative education)
- Employee compensation/ERISA
- Tax issues
- Land-use and environmental issues
- Real estate (buying, selling and leasing)
- Contracts
- State franchise law
- Consumer complaints and litigation
- Succession and estate planning
- Compliance with the Patriot Act and related legislation
Dealership Acquisitions and Sales
- Represent multiple-franchise, often multiple-state, dealers in buying and selling dealerships around the country
- Negotiate transactions involving multiple-point operations, as well as multiple points in multiple states
- Handle key components of the deals, from asset and stock purchases and sales to disposition, mortgage, floor plan and capital improvement financing to real property acquisition and/or leasing
Structuring Dealership and Subsidiary Retail Operations
- Lead dealers through the potential maze of red tape created by licensing and manufacturer contract issues and various reporting or record keeping requirements under federal or state laws
- Advise on corporate governance matters and contract agreements
- Establish tailor-made ownership agreements
- Create and administer employee benefits programs for dealerships
Auto Dealer Litigation
- Defend dealers against consumer and employee claims, such as financing issues or discrimination charges
- Defend against tax issues and class action suits
- Offer preventative counsel to help clients avoid future litigation
Active Involvement in Industry and Dealer Organizations
- A Phoenix shareholder has served as special regulatory counsel for the Arizona Auto Dealers Association
- A Florida shareholder is a principal and licensed dealer in several new car dealerships in Florida and the Midwest
- The firm is a member of the National Association of Dealer Counsel
- Our presence in Washington, D.C. enables us to work with clients in streamlining access to federal government contracts on a national and regional scale
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