Pub. 15 2016-2017 Issue 4
N E W J E R S E Y C O A L I T I O N O F A U T O M O T I V E R E T A I L E R S I S S U E N O . 1 , 2 0 1 7 10 new jersey auto retailer FCA’s aggressiveness clearly violates the law in New Jersey. The Franchise Practices Act prohibits manufacturers from seeking waivers of franchisee rights (including the right to file a protest in response to a manufac- turer’s Notice of Intent to appoint a new dealer) , in letters of intent, franchise agreements, or similar documents, without separate and valuable consideration being paid to the dealer for such waiver, beyond the grant of, or promise to grant, the franchise itself. Manufacturers just don’t respect the rel- evant market area laws on the books, and it is important that dealers are aware of their legal protections so they can challenge an automaker when those protections are be- ing threatened. The franchise protection laws in New Jer- sey were created to protect consumers and to encourage investment at the local level in an extensive network of independent businesses that compete for motor vehicle sales and service. They were also put in place to provide protection to local busi- nesses against larger and more powerful manufacturers. If FCA is successful in stockpiling locations and pushing back Teterboro’s protest, it will set a dangerous precedent and open the floodgates for other manufacturers to do the same. PRESIDENT’S MESSAGE continued from page 7 CHAIRMAN’S MESSAGE continued from page 6 Approach them at community events, call them, write them. Become a resource for them on all automotive issues. Build a relationship that will benefit all parties. We can’t simply ask our legislators to do what we want them to do. We need to help them view proposed legislation through the eyes of dealers and consumers. We are much more effective when we can show legislators how their constituents will be harmed by a bad decision or bolstered by a good one. The BAT is a bad idea. NJ CAR will sup- port AIADA’s andNADA’s efforts inWash- ington to oppose it. Dealers should take the initiative to make their opposition known, as well, by contacting their members of Congress.
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