Table of Contents, Preface and Introduction
Auto Dealer Law (ADL) won’t teach you how to sell cars. The authors assume you already know how to do that. Rather, ADL will help you avoid some of the mistakes dealers commonly make. While nothing can substitute for the gut instinct required to be a successful dealer, there are many legal pitfalls that can be avoided simply by seeking proper advice. But in seeking that advice, dealers are often derailed by bad information. There are a lot of legal myths and misconceptions that “everybody knows” in the car business. Auto Dealer Law is well-researched and authoritative. It was written by two of the most well-respected dealer attorneys in the country whose intent is to dispel these myths and clear-up the misconceptions in the industry.
ADL provides you with a healthy dose of legal reality by identifying the legal traps that exist not only within the dealership, but also within the dealership acquisition/divestiture process. Put simply, ADL will help you reduce risk and avoid liability.
For Dealer Attorneys
As veteran dealer attorneys know, dealership representation can be complicated and dealership retail operations are anything but standard. This is not to say that dealerships don’t operate similarly to one another. They do. Rather, dealerships are run quite differently than standard retail operations. There is a considerable amount of dealership-specific jargon, laws, regulations, processes, and paperwork. All of which need to be thoroughly understood by attorneys representing dealership interests. Auto Dealer Law will help attorneys gain a better understanding of dealership operations while providing authoritative guidance on a variety of legal topics.
Organization of Book
Auto Dealer Law is divided into three parts,
- Part I: Buying and Selling the Dealership
- Part II: Running the Dealership
- Part III: Compliance
Part I discusses the many aspects of dealership buy/sells including what both the buyer and the seller should be looking for, standard and essential contract terms, and factory approval issues. In addition, this part addresses issues related to bankruptcy and the closing of dealerships.
Part II focuses on the myriad of legal issues involved with running dealerships. These issues include public, employee, vendor, factory, and finance company relationships. This part also discusses litigation management, insurance, parts and service, antitrust concerns, record retention, and emergency preparedness.
Part III of the book is devoted entirely to legal compliance. Dealers continue to struggle with an ever-expanding array of laws and regulations relating to sales, finance, advertising, and vehicle titling. These compliance issues are as numerous as they are complex. This part sets forth federal compliance requirements in easy to understand terms and, for you overachievers, provides citations to specific laws, regulations and court decisions for further analysis. This part also provides some best-practices in the sales and finance arenas while mentioning some state law compliance issues to look out for.