BUSINESS | Dealerships

McCormick and Boyd Law Firm is proud that many of its clients are dealerships in a variety of equipment and vehicles. We represent dealerships that sell cars, trucks, boats, personal watercrafts, all-terrain vehicles, tractors, cranes, fork lifts, agricultural equipment, front-end loaders, and heavy equipment. Having worked for years with these clients, we are knowledgeable about all of the risks that dealerships face. We recognize that the retailer is often blamed for any problems the consumer faces with the products that they have purchased. The problem faced by retailers around the world is multiplied ever more so for dealerships as they sell items that are significant investments for consumers.

McCormick and Boyd Law Firm creates lasting relationships with the dealerships we represent and assist them to minimize the risks associated with being the front-line sales point for high priced consumer products. At McCormick and Boyd Law Firm, we are experienced in evaluating all risks and pitfalls associated with being a dealership including:

  • defending product liability actions,
  • defending claims in which the dealer may be liable under pass-through liability,
  • resolving warranty issues,
  • ensuring lemon law compliance,
  • defending lemon law lawsuits,
  • navigating the pitfalls of the Texas Deceptive Trade Practices Act,
  • defending alleged Texas Deceptive Trade Practices violations,
  • defending claims of negligent entrustment when an employee gets into an accident with a inventory car,
  • assisting our clients to understand the responsibilities of the service bay,
  • analyzing the liability arising from manufacturer-dealer relationships,
  • seeking indemnification when the manufacturer was clearly at fault,
  • helping dealers deal with holdback,
  • protecting a dealer's rights in complying with a manufacturer's audit of dealership books,
  • protecting a dealer's rights in complying with inventory commitments of financing agreements,
  • ensuring compliance with truth-in-lending laws and regulations,
  • informing dealers of possible liability risks,
  • aiding dealers in drafting contracts and reviewing financing and manufacturer arrangements,
  • asserting a dealer's claim or defending a dealer should a breach of contract occur,
  • helping dealerships navigate health insurance, life insurance, workers' compensation insurance and insurance-related questions,
  • assisting a dealer to recover under a security agreement when a buyer has defaulted on the security agreement,
  • ensuring compliance with Texas law and the federal Fair Debt Collections Practices Act,
  • defending against claims that the dealer has violated a fair debt collection practice law or regulation,
  • ensuring compliance with the various laws regarding workplace compliance, such as equal employment laws, anti-discrimination laws, and prohibitions against sexual and other forms of harassment,
  • defending dealers when employment-related claims arise.