Getting to Go, is a quarterly newsletter focused on the dealership mergers and acquisitions business. We aim to bring dealers, investors, vendors, consultants and others working in the buy sell business insights and information. The automotive retail business is very complex and preparing to buy or sell a dealership then completing the actual transaction requires a great deal of specialized knowledge. We hope Getting to Go can give readers a useful resource for that knowledge.
Back when service loaner vehicles were an uncommon perk, parties to a buy-sell agreement may have simply treated them as “used vehicles” without any thought as to how to calculate their value. But now that service loaners are increasingly necessary under factory margin programs, or simply to offer competitive customer service, it is worth carefully considering how to address them when a dealership is sold.
Dealership asset sales commonly involve the termination by the seller of its employees at closing and the rehiring of the employees by the buyer. Depending on the number of affected employees, both federal and California law may impose prior notification requirements on the seller, failing which the seller could be hit with substantial financial damages and penalties.
One of the key issues in any sale of dealership assets is whether a bulk sale notice is required under California law prior to the closing of the transaction. It is important to understand when a bulk sale notice is required because the failure to give the notice when required can result in potentially serious adverse consequences for both the buyer and the seller.
