Digital Dealer - June 2019 - 11

chise protections, they are
accustomed to enforcing
the terms of a contract - no
matter how harsh.
The manufacturer relocation agreements also generally fail to include any provision for a circumstance out
of the dealer's control causing a delay in meeting the
facility milestones. Known
as a "force majeure" clause,
such a provision is critical in
protecting a dealer from the
consequences of missing
a deadline as a result of
things like a delay in local
government permitting or
delays caused by weather

(i.e. winter storm, hurricane,
etc.). Again, dealers will ask
whether their manufacturer
would really yank the rug
out from under them when
they have already spent
significant capital to acquire
land and are progressing
with the construction only to
be delayed by an occurrence completely out of the
dealer's control. Knowing
who we are dealing with, I
wouldn't want to take that
risk!
The good news is that
we have found the relocation agreements to be
negotiable. In every case,

the dealer should retain
experienced motor vehicle
franchise legal counsel to
attempt to remove or limit
the most onerous terms
contained in these agreements. If the manufacturer
sees the relocation as a
benefit to its brand, it is
likely to play ball in these
negotiations. Likewise,
if the state motor vehicle
franchise laws prohibit an
unreasonable denial of the
relocation request, a dealer
should have success in
negotiating the terms of
the relocation agreement
when the manufacturer is

D I G I TA L D E A L E R . C O M

faced with the argument
that the most onerous terms
contained in the agreement
are the equivalent of an
unreasonable denial of the
relocation request.
RICHARD SOX, Esq. is a
partner with the firm of Bass
Sox Mercer. Rich's primary area
of practice has evolved into
automobile franchise law. In this
capacity, Rich provides counsel
to dealers regarding their rights
and obligations as related to
manufacturers. Rich represents
dealers in both manufacturersponsored and judicial mediation,
state-mandated administrative
proceedings as well as in state
and federal court. EMAIL:
rsox@dealerlawyer.com

JUNE 2019

11



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Digital Dealer - June 2019

Table of Contents for the Digital Edition of Digital Dealer - June 2019

Digital Dealer - June 2019
Contents
The Four Levels of Accountability
Supplier Consolidation= Higher Prices= More Profit Challenges
Beware of the Terms of Your OEM’s Approval of a Franchise Relocation Request
Service Opportunities Increase With Trucks, SUVs, and Crossovers
Is It Time for a Dealership Check-Up?
Should Employees Understand the Company Financial Statement Scoreboard?
What Artificial Intelligence Can (and Can’t) Do for Your Dealership
Bring Them to Your Website!
Social Selling: 10 Actions to Get Traction
Tracking Data to Outpace the Competition
10 Core Beliefs of Highly Influential Sales Leaders
90% of Dealership CRMs Are Broken, Set Up Wrong, & Not Used Consistently
Maximize Your Profit With Omni-Channel Retailing
Digital Dealer - June 2019 - Digital Dealer - June 2019
Digital Dealer - June 2019 - Cover2
Digital Dealer - June 2019 - 1
Digital Dealer - June 2019 - Contents
Digital Dealer - June 2019 - 3
Digital Dealer - June 2019 - The Four Levels of Accountability
Digital Dealer - June 2019 - 5
Digital Dealer - June 2019 - 6
Digital Dealer - June 2019 - 7
Digital Dealer - June 2019 - Supplier Consolidation= Higher Prices= More Profit Challenges
Digital Dealer - June 2019 - 9
Digital Dealer - June 2019 - Beware of the Terms of Your OEM’s Approval of a Franchise Relocation Request
Digital Dealer - June 2019 - 11
Digital Dealer - June 2019 - Service Opportunities Increase With Trucks, SUVs, and Crossovers
Digital Dealer - June 2019 - 13
Digital Dealer - June 2019 - Is It Time for a Dealership Check-Up?
Digital Dealer - June 2019 - 15
Digital Dealer - June 2019 - 16
Digital Dealer - June 2019 - 17
Digital Dealer - June 2019 - Should Employees Understand the Company Financial Statement Scoreboard?
Digital Dealer - June 2019 - 19
Digital Dealer - June 2019 - 20
Digital Dealer - June 2019 - 21
Digital Dealer - June 2019 - 22
Digital Dealer - June 2019 - 23
Digital Dealer - June 2019 - 24
Digital Dealer - June 2019 - What Artificial Intelligence Can (and Can’t) Do for Your Dealership
Digital Dealer - June 2019 - Bring Them to Your Website!
Digital Dealer - June 2019 - 27
Digital Dealer - June 2019 - Social Selling: 10 Actions to Get Traction
Digital Dealer - June 2019 - 29
Digital Dealer - June 2019 - 30
Digital Dealer - June 2019 - Tracking Data to Outpace the Competition
Digital Dealer - June 2019 - 32
Digital Dealer - June 2019 - 33
Digital Dealer - June 2019 - 34
Digital Dealer - June 2019 - 35
Digital Dealer - June 2019 - 36
Digital Dealer - June 2019 - 37
Digital Dealer - June 2019 - 38
Digital Dealer - June 2019 - 39
Digital Dealer - June 2019 - 10 Core Beliefs of Highly Influential Sales Leaders
Digital Dealer - June 2019 - 41
Digital Dealer - June 2019 - 90% of Dealership CRMs Are Broken, Set Up Wrong, & Not Used Consistently
Digital Dealer - June 2019 - 43
Digital Dealer - June 2019 - 44
Digital Dealer - June 2019 - 45
Digital Dealer - June 2019 - Maximize Your Profit With Omni-Channel Retailing
Digital Dealer - June 2019 - 47
Digital Dealer - June 2019 - 48
Digital Dealer - June 2019 - Cover3
Digital Dealer - June 2019 - Cover4
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