Legal Services for Auto Dealers
Auto Dealers and the Law. The Best Way to Protect Yourself.
You can minimize legal problems and save time and money in the long run by following a two-pronged approach: (1) Hire a law firm with expertise in automobile dealer law; and (2) confer with them on strategies you can employ now to avoid legal problems in the future.
The law firm of Manning, Leaver, Bruder & Berberich has represented automobile dealers throughout California for more than 60 years. As counsel to the California New Car Dealers Association, other dealer associations, many vehicle dealers, and the author the California New Car Dealers Association Management Guide, an extensive legal guide for auto dealers, we have a thorough understanding of this area of the law. We have also authored the California Auto Dealer Advertising Law Manual,a detailed guide on the advertising laws governing California vehicle dealers, and the California Auto Dealer Finance and Insurance Manual, detailed guide for the F & I process. And because we work with automotive law on a daily basis, we continually keep up with new developments affecting vehicle dealers
The Issues You Face Are Unique.
In addition to the many general legal issues faced by all businesses, automobile dealers must deal with a variety of regulatory restrictions and bureaucratic processes. Although some of these matters can be handled by dealers on their own, many issues really should be handled by an attorney familiar with auto dealer law. We can help you with the complex legal issues facing automobile dealers today.
Consumer Complaints-Resolved out of court whenever possible
Our attorneys help you resolve customer complaints quickly and efficiently. We work closely with the DMV in resolving consumer complaints, and we work with the Bureau of Automotive Repair regarding repair shop complaints. We have several attorneys who are experts in warranty and lemon law. We try to keep you out of court and handle cases with as little expense as possible.
Consumer Litigation – We can defend you in court
If a claim or complaint cannot be resolved out of court, and you need to defend yourself in court, we provide quality representation in all aspects of litigation, including all trial and appellate courts. For 60 years, we have defended automobile dealerships against all types of claims, including lemon law claims, fraud and breach of contract, violation of the Consumer Legal Remedies Act, unfair business practice claims, violations of contract disclosure laws, advertising violations, and complex litigation, including consumer class-action lawsuits.
DMV Accusations and Law Enforcement Problems-Timely defense
We can defend you if a DMV accusation is filed against you . We can also represent you before the New Motor Vehicle Board if you need to appeal a DMV decision. We defend dealers against actions brought by The Attorney General, The District or City Attorney, The Bureau of Automotive Repair, The Air Resources Board, and others.
Advertising Review – Avoid advertising violations
Automobile advertising is one of the most highly regulated areas of dealership operations. Automobile advertising laws are complex and highly technical. Our law firm has an advertising review department which can review your print, television and radio ads for legal compliance before they are run. We are also the authors of the “California Auto Dealer Advertising Law Manual,” a complete guide to automobile dealer advertising in California.
Auditing of Dealership Practices – Avoid unnecessary risk
An ounce of prevention is worth a pound of cure. We can conduct a comprehensive and thorough review of your business practices and forms, including the sales and F & I departments, and make recommendations for changes to your practices and forms to ensure compliance with the law. Potential legal violations can be detected and rooted out before they become a problem.
Purchase and Sale of New Car Dealerships-Specialized assistance
When the time comes to buy or sell a vehicle dealership, we prepare agreements and provide advice in such related areas as the purchase and sale or leasing of real estate, temporary management agreements, environmental matters, financing, buy-ins, and other related issues unique to auto dealers.
Sales and Repair Shop Practices-Regulatory compliance
We help dealers comply with the many regulations regarding advertising and sales practices, as well as handle matters concerning dealer and salesperson licensing. We make sure your warranty and repair shop forms are legally correct without sacrificing your rights and protections. We are the authors of the “California Auto Dealer Advertising Law Manual,” a complete guide to automobile dealer advertising in California.
Transactions with Other Dealers-Prevent losses when you sell vehicles
We help you solve the complicated issues of title and possession when you deliver vehicles and are not paid for them. We protect your rights if someone attempts to defraud you. We practice preventive law and help you avoid losses by structuring your transactions properly ahead of time.
Automobile Repossession-The safest and most economical way
We advise you on the proper way to repossess a vehicle. If you are unable to repossess a vehicle privately, we can have the sheriff or marshal obtain possession by legal means.
Employment Law-Avoid penalties and risk
Probably no other area of the law is changing as fast as employment law. And the penalties for noncompliance can be severe. We can review your employment practices, check the completeness of your employee handbooks, and see that all applications, forms and contracts are in compliance with the law. We also assist you in matters of discrimination and harassment claims, privacy rights, wrongful termination claims, and other employment matters.
Corporate Law, Contracts and Business Transactions
We perform all legal work necessary for the running of your business, including formation and dissolution of corporations, partnerships, corporate housekeeping, and transfer of stock. We prepare buy-in agreements and shareholder agreements covering such matters as death, disability, and retirement of a shareholder. We also review and draft contracts and help structure your contractual relationships to your best advantage.
Personal Planning for Dealers-Dealership succession and estate matters
We help you plan for the succession of your business and handle estate planning matters such as wills and living trusts. We also handle probate matters.
Licensing Problems-Cut through red tape
If you have dealership or salesperson licensing problems, we know how to help.
Legal Guidance You Can Count On
The attorneys at Manning, Leaver, Bruder & Berberich understand the legal needs of automobile dealers. We attribute our 60 years of success to our ability to provide legal services quickly, efficiently, and economically. We take pride in the strong personal relationships we build with our clients. Our clients know they can call on us at any time and receive a prompt professional response. Service to our clients is at the forefront of our firm’s philosophy.
Why Vehicle Dealers Choose the Law Firm of Manning, Leaver, Bruder & Berberich
• Years of experience and quality of representation
Over the years, Manning Leaver has developed a special expertise in the business and personal needs of vehicle dealers. The quality of the firm’s representation is highly regarded by many in the vehicle industry.
• Counsel to California New Car Dealers Association and Other Dealer Associations
Manning Leaver is general counsel to the California New Car Dealers Association, the largest state association of new motor vehicle dealers in the nation. The firm also represents dealer advertising associations, other local dealer associations, many dealers, and other dealer-related business and financial institutions.
• Author of extensive legal books for dealers
Manning Leaver is the author of the California Motor Car Dealers’ Dealer Management Guide an extensive and detailed legal guide for dealers. The Guide, which is updated annually, contains in-depth discussions of the law on the following subjects: Advertising Sales Practices; Automobile Sales Finance Act, Consumer Automobile Leasing; Insurance. Autobrokers; New and Used Car Warranties; Automotive Repair Act; Liens on Vehicles and Lien Sales; Small Claims Court and Collection of Judgments; the New Motor Vehicle Board; DMV Investigations and Accusations; Sales and Use Tax; Wages and Hours; Wrongful Termination and Discrimination; Family and Pregnancy Leaves; Posting of Notices by Employers; Public Signs at Dealerships; Licensing of Vehicle Salespersons; Records Retention; and other important topics.
We also authored the California Auto Dealer Advertising Law Manual which reviews federal and California advertising laws and gives practical tips on automobile advertising. This is one of the most highly regulated areas in California.
• Seminars conducted for automobile dealers
Manning Leaver, together with the California Motor Car Dealers Association, delivers seminars throughout the state to automobile dealers on areas of the law which significantly affect dealership business practices. Seminar topics have included Advertising Laws and Practices, Privacy Laws, and F & I Practices.
• Leadership in the automobile dealer legal community
Manning Leaver has its finger on the pulse of the legal issues facing automobile dealers. We actively participate in the defense of automobile dealers in the many complex cases filed against them and provide guidance to the rest of the dealer legal community. For instance, we are one of two law firms who primarily represent automobile dealerships directly on the Defense Steering Committee in the statewide class action lawsuit, Trygar v. HAK, Inc., et al., known as the Vehicle Leasing Cases. Additionally, we are able to monitor the filing of new lawsuits against dealers, and can inform our clients when a lawsuit has been filed against them.
We represent dealers throughout the California and welcome clients from all parts of the state. Any one of our partners will be happy to answer any questions you might have. Call (323) 937-4730 and ask to speak to any one of the partners.