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

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

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Kurkin Forehand Brandes LLP

Auto Dealership And Commercial Litigation Law Blog

Millennials seek suburban comfort in Florida

Real estate is big business in Florida, and it has been for decades. Many developers make their choices and place their investments after a lot of research into where will generate the most income or profit. The people who understand these rules have been noticing a change in the Sunshine State and are changing their strategies as a result.

The second half of the 20th century saw a huge uptick in suburban building as many people with the means and skills to move to the cities did so. Many families previously working on farms and in factories also made their way to suburbs, chasing the dream of home ownership and community.

New technology helps reduce fraudulent car purchases

Running a car dealership is hard work, and profit margins can make owners and managers feel like it's nearly futile trying to make a profit. But the rewards of being a community's supplier of motor vehicles are high if the business is well run over time. One of the concerns that dealers may have is fraud perpetrated by customers who were thought to be acting in good faith.

Identity theft, previously more of a concern for consumers, is becoming a larger issue for car dealerships. Some fraudsters have been harvesting the personally identifiable information of unaware people to create sophisticated false identification to purchase cars and other big-ticket items.

Florida allows auto dealers to protest infringement on their sale

You have worked out to carve out your part of the auto sales market. You found the right place to set up a lot, you worked through the zoning requirements and you got the stock in front of potential customers. So it can feel like all the results of this hard work can add up to nothing if someone at different plans for dealerships.

Florida gives auto dealers the right to protest infringement on their place in the market. This can happen when manufacturers choose to open or reopen a dealership that makes the same substantial offering to the public. Those actions may violate Florida law if they threaten the health of your business and the success of your employees.

Six factors to consider during a business acquisition

Owning and operating a Florida business is a major task that requires many serious business changes to be made. Whether a business is large or small, the idea of expanding a business is often on the top of the list for many companies. This is where acquiring another business could be a very lucrative step to take; however, it is a major business decision that requires much planning and preparation.

While a merger is the process in which two companies come together to form one single entity, and acquisition is when a company takes over another company. Typically, a larger company will take over a smaller company. Though, it could be the other way around. The main reason to initiate the acquisition process is to expand and consolidate the business operations of a company.

Helping you work through dealership licensing process and issues

It's no surprise that individuals in Florida and elsewhere rely on motor vehicles to get around. To address this demand for consumers in Florida, automobile dealerships are established throughout the state. However, like any other business, the proper paperwork must be filed to establish a dealership in the state. Additionally, one needs to be licensed in the state to operate a motor vehicle dealership. Because automobile dealer law is unique, it is important that one fully understands how these laws impact one's ability to establish, own or operate a dealership.

When it comes to establishing an automobile dealership, there are many working parts to this process. To begin, one needs to obtain the proper license to operate a dealership. And mixed with this are agreements, transactions and business relationships with manufacturers, other automobile dealerships and franchises. At Kurkin Forehand Brandes, LLP, our attorneys are well versed in automobile dealer laws and are dedicated to guiding individuals and businesses in the Aventura area.

Implied contracts in business law

Contracts are the foundation of the business world in Florida. Without them, businesses would not be able to obtain the consistency in costs and supplies needed to provide consumers with steady and reliable products and services. Of course, the terms of a contract must be carefully negotiated in order to ensure a fair bargain, and legal action is often justified when those terms are breached. But, businesses need to be careful in their communications and interactions with other parties to avoid creating a contractual relationship when they do not intend.

This is because the law recognizes implied contracts. An implied contract is one that is created through actions and circumstances, even when the agreement has not been reduced to writing or even acquiesced to in verbal form.

Not everyone needs a license to sell a car

Many of the vehicles that are on Florida roads were purchased through licensed motor vehicle dealers and dealerships. These individuals and organizations deal in hundreds of cars per year and make their business out of the buying and selling of cars, trucks and sport utility vehicles. However, some vehicles are bought and sold through private transactions. For example, a person may wish to sell their extra car to their neighbor who is in need of a reliable mode of transportation.

There is a major difference between the auto dealership discussed first and the private party discussed second in the above paragraph. While the dealership is in the business of completing transactions involving motor vehicles, the private party only has the single vehicle to sell and is not in the business of moving multiple vehicles per year. The number of vehicles that a party will sell in a 12-month period is important, as it will dictate the need for an automobile dealership license in order to legally do business.

How do commercial leases differ from residential leases?

Many residents of Florida have entered into residential leases. These leases allow people to find apartments, homes and other spaces to live in for a cost that they pay to the spaces' owners. Residential leases can be tailored to the individual spaces that are offered for rent, but commonly, residential lease agreements have a few standard terms.

These leases will establish who is renting the property, the cost they will pay to rent it and how long the term of the lease will last. Similarly, commercial leases will utilize these same basic terms. A commercial lease, however, does not provide a person with a place to live. Rather, it provides a place where they can run their business or other commercial endeavor.

Help with auto dealership concerns

This blog recently discussed what a franchise is and it is equally important for franchisees and auto dealers to understand what a franchise is as to also understand how the legal process can help them with concerns related to their business and auto dealership. The success of an auto dealership may depend, at least in part, on understanding the legal basics of running an auto dealership and how the legal process can help with any challenges that may pop up.

Issues that may come up related to motor vehicle franchising and running an auto dealership can be complex at times but legal resources can help guide auto dealers through their concerns. Concerns that auto dealers may have can relate to the relationship between the auto manufacturer and the dealer; terminating a franchise agreement by demonstrating good cause to do so; or local and state licensing and regulation requirements that must be met.

What is a franchise?

For any entrepreneur looking at opening a franchise, such as an automotive franchise, it is important to understand the basics of a franchise and have all of the information concerning a franchise in order. At their most basic level, franchises are used to distribute goods and products such as automobiles.

The franchise relationship is important for potential franchisees to understand. A franchise is a legal relationship and there are normally at least two parties who are part of that relationship. The franchisor is the party that establishes the brand and the business system. The franchisee then enters into an agreement to conduct business under the franchisor's name and system. The franchisee typically pays an initial fee and then a royalty.

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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