Auto Dealer Monthly, September 2014

ON THE POINT behalf of 530 dealers He has already won major concessions on several points in the courts and like the Chrysler suit new dealers continue to sign on Its nice to have a pit bull on your side and Bellavia is no pup In fact as I learned in our last conversation he is a dealers son who grew up in and around the business He chose to focus his legal career on automotive franchise laws and has represented dealers interests in hundreds of cases involving settlements with the manufacturers buy sell and 14 AUTO DEALER MONTHLY SEPTEMBER 2014 warranty and parts reimbursement payments Hes one of us I mention Bellavia to remind you dear readers that as the retail automobile business moves deeper into the new millennium dealers are facing new and greater dangers threats and pitfalls In recent years those threats have been overwhelming But that is no reason to give up hope Staying out of the way of the regulators attorneys general the FTC and your states Department of Motor Vehicles is like maneuvering through a minefi eld Th ere are many franchise issues truth in lending issues truthin advertising crackdowns and other potential crises looming on the horizon Dealers are going to be facing some severe tests in coming months and it is no time to back down Many are anticipating a showdown as outside companies make moves to tear Leonard Bellavia is a New Yorkbased attorney who has argued on behalf of dealers in several highprofi le cases down franchise protection rights and put dealers out of business Some rogue vendors are making a thinly veiled eff ort to take your business away from you When new threats arise I tell my readers to circle the wagons Im talking about rounding up a posse of your fellow dealers and leaders at the state and national organizations and when the situation calls for it legal assistance You may have heard that attack attorneys are running ads in Texas trying to round up consumers to sue dealers over recall units As always you are an easy target for political grandstanding and windy press releases Bureaucrats are taking turns counting the tax revenue you generate and examining every profi t center in our industry Th eyre looking for ways to politicize that and ultimately turn it into revenue for themselves Th e storms are brewing so dont wait too long to act Th ere are resources available for those who are willing to defend their way of life Keep those calls emails and comments coming and look for me at Industry Summit in Las Vegas in the second week of September I love hearing from you and I cant wait to meet you in person COURTESY BELLAVIA BLATT ANDRON AND CROSSETT PC Most states require dealers to check new vehicles for open recalls The recent complaint against CarMax could lead them to institute a similar requirement for used vehicles including your off brand units ISTOCKPHOTO COM JEANCLICLAC AS THE RETAIL AUTOMOBILE BUSINESS MOVES DEEPER INTO THE NEW MILLENNIUM DEALERS ARE FACING NEW AND GREATER DANGERS THREATS AND PITFALLS IN RECENT YEARS THOSE THREATS HAVE BEEN OVERWHELMING BUT THAT IS NO REASON TO GIVE UP HOPE