Dealer Termination At-Will Upheld by US District Court Despite Automatic Renewal Clause in Dealership Agreement
Feb 11, 2025 - Franchise Articles by Jeffrey M. Goldstein |In a recent case decided by the United States District Court for the District of Colorado, Rosenbauer America, LLC (“RBA”), a Delaware limited liability company that manufactures fire and emergency vehicles, faced a lawsuit filed by Max Fire Apparatus, Inc. (“Max Fire”), a Colorado corporation engaged in selling and distributing RBA vehicles. Max Fire alleged that RBA’s termination of the Dealer Agreement constituted breaches of the Dealer Agreement and the associated Dealer Handbook, as well as a violation of the duty of good faith and fair dealing. RBA filed a Motion for Partial Summary Judgment, seeking to preclude Max Fire from recovering damages for future lost profits or business value resulting from the termination of the Dealer Agreement. Max Fire opposed this motion, to which RBA replied. The court ultimately partially granted and partially denied the motion. Max Fire and RBA entered into a Dealer Agreement in 2016. The Dealer Agreement was set to automatically renew annually unless terminated in writing by either party. Termination of the Agreement required written notice within thirty days via Certified Mail by either party. The agreement also referenced a “Dealer Handbook,” which required Max Fire to adhere to RBA’s established policies and the latest version of the Handbook. In November 2022, Max Fire received the August 2022 version of the Dealer Handbook. The Handbook included a termination section stating that termination, while uncommon, could occur due to non-performance, marginal performance, or critical ethical failures. Termination decisions would be based on reasons deemed adverse to […]
Esoteric Line-Drawing Dooms Car Dealers’ Attempt to Collect Reasonable Reimbursement from Auto Manufacturer Under State Automobile Protection Law (Dealers’ Bill of Rights)
Dec 20, 2024 - Franchise Articles by Jeffrey M. Goldstein |Colony Place S., Inc. v. Volvo Car USA, LLC, 2024 U.S. App. LEXIS 29681 By: Jeffrey M. Goldstein In a recent case decided by the United States Court of Appeals for the First Circuit, two Massachusetts Volvo automobile dealerships sued Volvo Car USA, Volvo Car Financial Services, and Fidelity Warranty Services for allegedly violating Massachusetts General Laws Chapter 93B. The claims related to Volvo-branded Prepaid Maintenance Program (PPM) contracts administered by Fidelity that allow customers to prepay for future routine maintenance at discounted rates. The alleged violations related to Volvo-branded Prepaid Maintenance Program contracts (“PPMs”) — a financial product allowing customers to pay up front at a discounted rate for future, routine maintenance services like oil changes at Volvo dealerships — that Fidelity administers and issues to Volvo dealers, who in turn sell the PPM contracts to their customers. The dealers argued they were being underpaid for servicing these contracts. The court disagreed, ruled against the dealers, holding that the “Dealers’ Bill of Rights” did not protect them. The alleged violations related to Volvo-branded Prepaid Maintenance Program contracts (“PPMs”) — a financial product allowing customers to pay up front at a discounted rate for future, routine maintenance services like oil changes at Volvo dealerships — that Fidelity administers and issues to Volvo dealers, who in turn sell the PPM contracts to their customers. The parties cross-moved for summary judgment. After hearing argument on the cross-motions, the district court granted the defendants-appellees’ motion and denied the plaintiffs-appellants’ motion, concluding that entities like Fidelity […]
What Are the “Best” Franchises in Times of Economic Uncertainty?
Nov 29, 2024 - Blog by Goldstein Law Firm |When living through uncertain economic times, everyone needs to do their best to make informed decisions based on the limited information they have available. But, this is especially important for prospective franchisees. Buying a franchise is a long-term investment, and if people can’t afford to buy what you have to sell, no amount of money or time will be enough to save your business. As a franchisee lawyer with well over 30 years of experience, this is a fact that Jeffrey M. Goldstein knows all too well.
Joining the Franchise “Gold Rush”—A Good Idea?
Nov 22, 2024 - Blog by Goldstein Law Firm |A recent article in the Franchise Times discusses the “gold rush” to get in on the pickleball craze. It cites figures from FranData that show an 85.7 percent year-over-year increase in pickleball players and notes that while “[t]he race to the top in the rapidly growing pickleball space heated up in 2024 for franchisors looking to capitalize on the country’s fastest-growing participation sport. . . . [p]ickelball franchisors and their financial backers agree there is plenty of space in the industry for everyone to grow and prosper even as they compete for prime real estate locations and franchisees work to draw players to their courts.”
Buying a Franchise in 2025: Key Legal, Financial and Practical Considerations
Nov 15, 2024 - Blog by Goldstein Law Firm |With a new year just around the corner, now is a time when many people are thinking about making some significant changes in their lives. For some, this means considering a franchise opportunity. If you are thinking about buying a franchise in 2025, what do you need to know? Keep reading to learn about some key legal, financial, and practical considerations from New York franchise lawyer Jeffrey M. Goldstein.
Thinking About Buying a Franchise After a Franchise Show? Here’s What You Need to Know
Oct 31, 2024 - Blog by Goldstein Law Firm |If you recently attended a franchise show and are thinking about buying a franchise, there is a lot you need to know. Buying a franchise is a major investment; and, while franchise ownership presents many opportunities, there is also a lot that can go wrong. Before you sign a franchise agreement, be sure to follow these 10 tips from national franchisee attorney Jeffrey M. Goldstein.
Are Franchisors’ Mandatory Arbitration Clauses Enforceable in Massachusetts?
Oct 24, 2024 - Blog by Goldstein Law Firm |As a franchisee, there is a good chance that you are required to resolve any disputes with your franchisor through alternative dispute resolution (ADR)—either mediation or arbitration. Franchisors like mandatory ADR clauses for a variety of reasons, and they tend to favor mandatory arbitration clauses in particular. Arbitrating a dispute with your franchisor requires experienced legal representation; and, if you are facing a dispute with your franchisor in Massachusetts, you will want to speak with a Boston franchise attorney as soon as possible.
7 Important Tips for Facing a Dispute with Your Franchisor
Oct 17, 2024 - Blog by Goldstein Law Firm |If you are facing a dispute with your franchisor, you need to be very careful to protect yourself. Whether your goal is to save your franchise or to exit the system and move on to your next opportunity, you need to avoid a variety of mistakes that could prove very costly. As national franchise lawyer Jeffrey M. Goldstein explains, while franchisees have clear legal rights, these rights are limited in various respects, and those who do not take advantage of the rights they have available can find themselves facing unnecessary consequences.
What Can I Do if My Franchisor’s Prices Are Too High?
Sep 30, 2024 - Blog by Goldstein Law Firm |As a franchise owner, you can feel price pressure on both ends. Not only can rising prices make it more difficult to make ends meet, but you can also face resistance from customers (or would-be customers) who think you are charging more than you should.
Buying a Franchise in Illinois: How to Make a Smart Choice About Your Territory
Sep 23, 2024 - Blog by Goldstein Law Firm |Buying a franchise in Illinois requires careful decision-making. This applies across the board—from choosing the specific franchise opportunity that you want to pursue to choosing your territory. When it comes to choosing your territory, there are lots of factors to consider, and this makes it critical to work with an experienced Illinois franchise attorney who can help you make informed decisions throughout the buying process.
