MAIN OFFICE:

18851 NE 29th Avenue
Suite 303
Aventura, FL 33180
Phone: 305-929-8500
Fax: 305-675-0564

Map & Directions

SATELLITE OFFICE:

315 S. Calhoun Street
Suite 850
Tallahassee, FL 32301
Phone: 850-391-5060

Map & Directions
Call 305-929-8500 Today
Kurkin Forehand Brandes LLP

Auto Dealership And Commercial Litigation Law Blog

Protecting franchisees' interests in business disputes

The relationship between a franchisor and franchisee is governed by an agreement between the parties. When Florida automobile dealers wish to open their own franchise, they may work with auto makers or other entities to set the parameters for what they may do and how they may sell vehicles under the franchisor's name. When disputes arise between the parties, the information contained in their agreement may be controlling.

A franchise owner may put their whole life and financial savings into opening their own business, and a conflict with their franchisor may jeopardize not only the health of their business but also their financial future. For this reason, it is important for franchisees to seek legal support when they find themselves embroiled in disputes with their franchisors.

Issues to address in a commercial real estate lease

Not every Florida business is able to or interested in buying the physical space where it will operate. For some, cash flow may prevent them from investing in real property when they are just getting off of the ground, and others may wish to have the ability to move if they locate spaces that more amenable to their needs. Therefore, commercial lease agreements are common contracts that business owners deal with I the course of their operations.

A commercial lease is like a residential lease in that it provides the terms by which the parties must abide in order for one to use the space of another. Basic terms like the length of the lease, the monthly rent, the parties to the contract, and permissible uses for the space should be incorporated into the lease documents. Other terms should also be addressed to avoid problems in the lease relationship.

Is a business merger always a good idea?

Many Florida business owners look for opportunities to grow their entities and make them more competitive in their respective industries. While hard work and capital investment can make a business extend its reach into the market, there are other ways of making businesses bigger players. One way that a business can grow is through merging with another company.

A business merger occurs when two or more businesses join together and become a single entity. When multiple corporate entities join forces, they must work together to determine what kind of new structure they will use, how their financial management will happen, and who will run the day to day and big picture operations of their fledging organization. If companies cannot agree on these terms, the merger may not be in their interests.

Fraud in the franchisee-franchisor relationship

Opening an automobile franchise is a major financial investment. It can tax the resources of the franchisee and may push them to their limits in order to achieve their goals of having their own automobile dealership. In Florida, individuals work hard to meet the stringent requirements of opening dealerships and abiding by the terms of their franchise agreements. Past posts on this blog have detailed these and other requirements that dealerships must meet in order to operate in the state.

However, from time to time problems develop in the relationship between franchisees and their parent companies. For example, when a company induces a franchisee to open up a dealership on the promise of financial success, that franchisee may trust that they are making a wise investment with their time, money, and other resources. If those promises are based on fraud, though, the franchisee may soon be in financial peril.

Auto dealership licensing basics in Florida

When doing business in Florida, there are all kinds of opportunities but also requirements that businesses should ensure they are meeting and following. One of these requirements includes licensing requirements to do business in the state. Knowing what those are, and ensuring the business is in compliance, is important for all businesses, including car dealerships in the sunshine state.

Auto dealership licensing is required if the car dealership has bought or will be buying, leasing or selling three or more vehicles in a year. This also applies if the car dealership will be displaying three or more vehicles for sale in a 12-month period. The auto dealership licensing process if valuable to complete but can also be complex to complete which is why trained guidance during the application process can be helpful. It is also useful to be familiar with all the specifics of the licensing requirement.

Representation for businesses facing litigation & other issues

A lawsuit can be a crippling event for a Florida business to overcome. When wrongdoing is alleged, a business may suffer financial and reputational losses that can threaten its continued success. Since litigation against businesses can come be complex and stem from many different areas of the law, it can be hard for business owners to manage litigation on their own.

The law firm of Kurkin, Forehand & Brandes practices business law and understands just how damaging lawsuits can be for their corporate clients. Whether their legal dilemmas arise from contract disputes or employment issues, lease problems or vender conflicts, clients of the firm work with its attorneys and staff to secure guidance and advocacy to overcome their legal challenges.

Transferring titles and satisfying liens on time is important

Running a car dealership is difficult work that comes tremendous responsibility and liability to customers and employees. You also do your best to run an ethical business to grow and retain your customer base. Improperly filing title transfers and satisfying liens on time is a great way to upset both your customers and the government.

Florida gives you 30 days to transfer a title and 10 days to pay off a lien. The Department of Highway Safety and Motor Vehicles recently fined a Tallahassee dealership on 111 separate counts of not transferring car titles or satisfying outstanding liens on time.

Opportunity Zones program may finally be taking off in Florida

Part of the Tax Cuts and Jobs Act of 2017, the Opportunity Zones program offers tax incentives meant to encourage investors to contribute to the development of low-income areas across the country. Florida’s Opportunity Zones provide an opportunity for developers to buy and invest in properties in up and coming areas.

However, until recently, developers were slow to take advantage of Opportunity Zone benefits. Changes put forward by the IRS and the United States Treasury may put developers in a better position to start projects in Florida’s Opportunity Zones.

Requirements for getting a dealership license in Florida

Not long ago this Florida automobile dealership and business law blog discussed who may need to secure a dealership license in order to sell motor vehicles in the state. When a private party wishes to sell a single car to another private party, they do not need to be cleared as a vehicle dealer. However, when an individual plans to make a business out of selling multiple vehicles within a statutorily set amount of time, then they must have dealership credentials in order to run their enterprise.

Prospective auto dealers must have their planned dealership sites assessed and cleared by a compliance officer from their local Florida Highway Safety and Motor Vehicle office. Once this is done, the prospective dealer must also obtain two important numbers: their Federal Employee Identification Number from the Internal Revenue Service and their sales tax number from the Florida Department of Revenue.

What kinds of regulations may affect a Florida business?

Starting a business in the state of Florida can take a lot of hard work and legal knowhow. That is because new businesses cannot just open up and start operating: businesses must be organized, often must secure licenses, and must meet regulatory compliance mandates in order to be legal. This post offers an informational review of some of the regulations that businesses may have to deal with when they start their operations, but as with all information on this blog readers are cautioned not to use this post as legal advice.

Business regulations can be imposed on Florida entities by local, state, and federal rules. For example, federal environmental standards may impact how businesses dispose of certain waste products and encroach on the habitats of local wildlife and plant species. Employment regulations may limit who may work at certain Florida businesses based on their immigration statuses and how those businesses must report their employees' earnings.

Contact Us Today »

Contact Us Today

Kurkin Forehand Brandes LLP Has The Litigation And Negotiation Skills Car Dealers, Business Owners And Decision-Makers Trust. We Are Driven To Help You Succeed. Contact Us Today For Legal Guidance You Can Rely On.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

CONTACT AND CONNECT WITH US

Aventura Office
18851 NE 29th Avenue
Suite 303
Aventura, FL 33180

Phone: 305-929-8500
Fax: 305-675-0564
Aventura Law Office Map

Tallahassee Office
315 S. Calhoun Street
Suite 850
Tallahassee, FL 32301

Phone: 850-391-5060
Map & Directions