The Secrets Behind Dealership Franchise Law

The Secrets Behind Dealership Franchise Law

My full conversation with Leonard A. Bellavia – Sr. Partner at Bellavia Blatt, PC is now LIVE:

— Automotive franchise laws: why they exist and will they go away?
— Consumer-friendly auto brands
— Dealers’ top legal concerns
— Will Tesla ever franchise? (?!)

How to Avoid Below Market Warranty Reimbursement – Attorney Len Bellavia

How to avoid fraudulent warranty reimbursement – Attorney Len Bellavia

For years, dealers have been challenged with receiving fair compensation for retail warranty reimbursement. However, nowadays, franchised dealers in all states are protected. On today’s CBT Now, Lenord Bellavia, Founding Partner of Bellavia Blatt,  joins us to break down what this means for the industry.

According to Bellavia, “Dealers should pay attention to the reimbursement rates as it correlates to revenue streams.” But, dealers are front-end centric, meaning they always worry about sales. Therefore, based on how the industry continues to evolve, the fixed operations sector has driven the entire business overhead expeensives. Bellavia says, “This is what dealers call shop absorption, where the back end of the business drives the overhead.” Furthermore, Bellavia believes “Dealers get grossly underpaid for their parts and labor under warranty.”

Reasonable compensation

When sitting down with dealers to outline what they’re leaving on the table, most dealers believe they’re missing out on a few couple of dollars or percentages in labor rates. However, Bellavia asserts, “When translated into real dollars, it’s typically between $200,000 and $300,000 annually in revenue opportunities. However, manufacturers hold dealers to rigorous standards regarding supporting updates and working capital. According to Bellavia, manufacturers set up departments at the OEM level to analyze warranty claims to receive kickbacks, but “Those submissions must be strictly focused on.” He continues, “If dealers submit 100 consecutive repair orders and one isn’t appropriate for the batch, the OEM will reject it and postpone it by a month or two. Which leads to possible lost revenue of several thousand dollars.”

To properly create a submission, Bellavia’s highly skilled team takes 30 to 40 hours in the first step. Then, they have a quality control process that takes an additional ten hours to review possible mistakes that the manufacturers could see. Furthermore, according to Bellavia, “There are state statute exclusions that dealers are unaware of, which include batteries, maintenance, tires, and more that reduce the overall markup.”

All 50 states have legislation defining 150 qualifying repair orders, parts, and labor. Most dealers are aware of the legislation and are taking advantage of it. Still, those unaware of it need to learn they can resubmit a submission repeatedly for labor because retail labor increases annually.

Leonard Bellavia, Esq. on CBT Automotive Network

How Car Dealers Can Structure Their Buy/Sell Deals for Maximum Success — Len Bellavia, Esq.

We know there are plenty of dealership buyers right now, and as we are all aware, it is a seller’s market. Brokers are constantly making inquiries and telling car dealers that they will never be able to get a better price than they can get right now. Today on Inside Automotive, we’re pleased to welcome back Len Bellavia, Esq., Founding Partner of the law firm of Bellavia Blatt PC, also known as DealerLaw.com, who has handled hundreds of dealership buy-sells. Bellavia joins us to share his creative ways of dealing with this topic, which has been on the minds of many dealers lately. Many dealership buyers in the market are private equity groups, family offices, and public companies with bottomless pockets. Every time one of these organizations buys a dealer group, they have to staff it. But with the current staffing challenges, it isn’t easy to find qualified operators. Sellers don’t always stay on after the transaction to consult. In fact, Bellavia believes the buy/sell market is at a “crossroads” because it’s tougher to convince sellers that the value of their dealerships is not the same as it was a year or two ago. There’s a “widening gap” between what buyers are willing to pay and what sellers expect. If you compound that problem with current economic conditions and OEM news, buyers are doing more sophisticated analyses of potential transactions. On the flip side, sellers are experiencing record profitability, and they are tempted to stay on the fence. However, sellers need to have a succession plan in place, says Bellavia. Because blue sky values are so high, qualified general managers are largely getting priced out of the market. They are no longer able to come to the table because dealer principals are paying closer attention to the “big money players.” But if the dealer principal isn’t quite ready to leave the business, the best course of action is to cultivate a young, talented manager and allow them to buy a piece of the dealership. 

Leonard Bellavia Speaks on FixedOpsRoundtable.com

Automakers, Fixed Ops and Electrification

After Dark at the Fixed Ops Roundtable® has a special edition on Wednesday, June 15th at 8 pm Eastern! Ted Ings and Kara Delaine Harris welcome Leonard Bellavia of Bellavia Blatt, PC to discuss the potential evolution of the dealer-franchise model.