News Release
Ussery Mercedes Benz Sues Nearby Independent Dealership for Illegally Selling New Mercedes Vehicles
MIAMI (August 28, 2008) ---- Bill Ussery Motors’ Mercedes Benz of Coral Gables dealership has filed a lawsuit today against Palmetto Sport Cars, Inc., alleging that the used car dealership illegally acquired and sold new Mercedes Benz vehicles less than one mile from the Mercedes franchise dealership. The suit seeks compensation for related damages and an injunction against the independent dealership to prevent it from continuing to illegally compete with the Ussery dealership.
The lawsuit alleges that Palmetto Sport Cars acquired new Mercedes vehicles from an out-of-market dealer and illegally offered for sale these new vehicles that had never been legally titled from a dealership to a purchaser. In fact, the manufacturer’s records still reflect that most of these cars, if not all, are still in the inventory of the out-of-market dealer.
“Florida statutes governing franchise dealerships are designed to protect legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive or unfair business practices,” said Alex Kurkin of the Miami-based law firm of Kurkin Forehand Brandes, LLP, the attorneys for Bill Ussery Motors, Inc. “Palmetto became a de facto Mercedes Benz dealership in wanton violation of the law. This has caused a substantial monetary loss to our client which we will seek to recover. As this is not the only dealership that has engaged in this practice, this case will likely be the first of many of these lawsuits unless other violating dealers take heed and immediately abandon this practice.”
Kurkin Forehand Brandes, LLP, focuses on contract law, franchise law, automobile dealer law, real estate law, business acquisitions, regulatory compliance, government disputes and commercial litigation. Its partners represent the Florida Automobile Dealers Association and regularly conduct compliance seminars for the organization’s members.
Additional information on Kurkin Forehand Brandes, LLP, is available at www.kurkinbrandes.com or by calling (305) 929-8500.
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