NEWS DETAIL

Dorchester dealer reclaims right to sell new Dodges

Tuesday, July 20, 2010 | Bonnie Kavoussi, The Boston Globe

Westminster Motors in Dorchester, which lost its status as a Chrysler dealer last year, won an arbitration ruling yesterday that restored its ability to sell new Dodge cars and trucks — making it one of only a handful of Chrysler dealerships to reverse a shut-down order.

The dealership had been selling used cars since last summer, when its agreement with Chrysler was terminated. Jim Bickford, a principal at the dealership, said he plans to start selling new Dodges within 60 days under the old name, Westminster Dodge.

A decision to shut down Westminster would have left the Boston area without a Chrysler dealer, said Leonard Bellavia, lead counsel for Westminster Dodge.

David L. Evans, the arbitrator, criticized Chrysler’s plan to service the Boston area by selling new Dodge vehicles only at a Quirk dealership in Braintree, which would also sell Jeeps and Chryslers.

“While Braintree may be only 6 to 9 miles away,’’ Evans wrote, “the excursion can be an ordeal.’’

He also praised Westminster Dodge’s record, writing that it is a “proven performer’’ in “a desirable, underserved location.’’

Thirty of 789 Chrysler dealerships ordered to shut down in May 2009 have won arbitration cases, a Chrysler spokesman said.

Chrysler Group LLC decided to close a quarter of its dealerships in an effort to reorganize after filing for bankruptcy protection. The government arranged for the Italian automaker Fiat, which currently has a 20 percent ownership stake in the company, to manage Chrysler.

After seeking bankruptcy protection, Chrysler was required to shut down dealerships to secure financing from the government, which loaned the automaker about $14 billion.

About half of the dealers entered arbitration; 7 percent have won. Most have settled, withdrawn their cases, had the cases dismissed, or lost.

“While difficult, the actions to reduce Chrysler’s dealer network were a necessary part of its viability,’’ Chrysler spokesman Michael Palese wrote in an e-mail.

Bickford said he is ecstatic. When he received a termination letter, “I was obviously devastated, because it’s something we’ve worked for all our lives.’’

“ . . . You get a letter in the mail that says, ‘We’re taking your dealership away and giving it to someone else,’ ’’ Bickford said. “Take one person’s property and give it to another one. It’s just morally wrong, you know.’’

He said his dealership was profitable in 2008 and at the beginning of 2009. But he lost money selling only used cars. “I need a new car franchise to survive,’’ he said.

Bickford said he hopes to rehire most of the employees who were let go last year. His dealership, which used to employ 46 workers, now has 28.

The arbitration decision is the first such victory for a former Chrysler dealer in Massachusetts. Chrysler has won three arbitration cases in Massachusetts, three others have been settled, and another was withdrawn.

Robert O’Koniewski, executive vice president at the Massachusetts State Automobile Dealers Association, said the decision was a win for the free market.

“If a dealership is going to survive or sink, that should be dictated by the forces of the marketplace,’’ he said.

General Motors, which filed for bankruptcy protection in 2009, also shut dealerships. GM ordered about 2,000 to close; about 35 were in Massachusetts. GM could not be reached for comment.

BACK

US COURT OF APPEALS ALLOWS CHRYSLER CASE TO MOVE FORWARD


LEONARD BELLAVIA FEATURED ON COVER OF PREMIERE ISSUE OF ATTORNEY AT LAW MAGAZINE.


Monthly Dealer Representation Program
This is the most acclaimed program in the industry for franchised dealers who would like one of the most experienced dealership law firms in the country to be their “in-house” counsel on a daily basis. For a low monthly fee of $300, dealership employees have unlimited access to BBAC attorneys on all dealership issues.
LEARN MORE
Learn More

Find out the five (5) reasons why doing this in-house will cost you far more than retaining the law firm with a national reputation in warranty parts reimbursement.

CALL US: 516-873-3000!

LEARN MORE
REPRESENTATIVE CASES
Dealer Gets Court Order Preventing Bank From Terminating Floor Plan
A floor plan lending institution threatened to terminate its floor plan relationship with an automobile dealership client. The basis upon...
MORE
BB&C IN THE NEWS
Columbia-Greene Media
Thursday, October 27, 2016
Local Ford Dealer Battles To Save Dealership Started By Henry Ford
A Grand Gorge car dealership in business for more than 80 years is at risk of losing its Ford... MORE
Automotive News
Tuesday, July 12, 2016
VW has agreed to pay billions to diesel owners. Did retailers miss out?
The hundreds of frustrated Volkswagen dealers who turned up at the National Automobile Dealers... MORE
Press Release
Thursday, June 30, 2016
Bellavia Blatt Announces Class Action Lawsuit Against Autotrader.com
Bellavia Blatt & Crossett, P.C. ("Bellavia Blatt"), a law firm that represents thousands of... MORE
Automotive Buy Sell Report
Tuesday, April 12, 2016
When Nissan Plays Favorites, Dealership Buyers and Sellers Suffer
A recent article published by Automotive News about incentives Nissan pays "favored" dealers to... MORE
Press Release
Thursday, October 8, 2015
Leading Dealership Law Attorney Questions Timing of Initial Public Offering of Ferrari
Says Automaker's Parent Company May Have Inflated Sales Figures before Planning to Spin off... MORE
Press Release
Friday, September 11, 2015
Over 200 Former Chrysler Dealers Defeat Obama Administration's Latest Motion to Dismiss Wrongful "Takings" Lawsuit
Bellavia Blatt & Crossett, P.C. ("Bellavia Blatt"), a law firm that specializes in representing... MORE
Bellavia Blatt & Crossett, PC has offices in Long Island, Manhattan, Albany and New Jersey    |     Contact Us
BGA - DealerLaw on Facebook BGA - DealerLaw on Twitter BGA - DealerLaw on Linked-In