Our law firm focuses on complicated commercial disputes; F&I, Business Disputes, Legal Malpractice, and Investment Loss. In addition to our general commercial, contingent-free practice, we have been handling disputes in the automobile finance and insurance industry for well over a decade. This gives us valuable insight into the challenges an agent is likely to face in pursuing a potential recovery, as well as pathways to a successful outcome that might not be apparent to less-experienced lawyers.
Business disputes are rarely just about money. Oftentimes, they involve a breach of trust or a fundamental disagreement about the terms or operation of the parties' business arrangement. If you would like to discuss the legal issues facing you or your company, please give us a call and let our experience work for you. There is never a charge for the initial consultation.
Relationships between agents and administrators rarely last forever. At some point, for reasons that may have little or nothing to do with your performance, your agency may be terminated.
Business disputes are rarely just about money. Oftentimes, they involve a breach of trust or a fundamental disagreement about the terms or operation of the parties' business arrangement. If you would like to discuss the legal issues facing you or your company, please give us a call and let our experience work for you. There is never a charge for the initial consultation.
Relationships between agents and administrators rarely last forever. At some point, for reasons that may have little or nothing to do with your performance, your agency may be terminated.
Services
We were partners at a successful mid-sized law firm located on the Country Club Plaza in Kansas City.
We were blessed with an abundance of challenging work, but most of our clients were huge companies and most of our work involved defending those companies against claims of wrongdoing.
We felt little reward in what we were doing and decided it was time for a change.
So we started a new law firm: Bartle & Marcus LLC.
Our new firm was immediately successful.
It grew in size to become Graves Bartle & Marcus LLC in 2006 and Graves Bartle Marcus & Garrett LLC in 2009.
We were blessed with an abundance of challenging work, but most of our clients were huge companies and most of our work involved defending those companies against claims of wrongdoing.
We felt little reward in what we were doing and decided it was time for a change.
So we started a new law firm: Bartle & Marcus LLC.
Our new firm was immediately successful.
It grew in size to become Graves Bartle & Marcus LLC in 2006 and Graves Bartle Marcus & Garrett LLC in 2009.
Relationships between agents and administrators rarely last forever.
At some point, for reasons that may have little or nothing to do with your performance, your agency may be terminated.
What happens next?
In the absence of contrary language in your agent agreement, you may be entitled to continuing commissions from the dealerships you serviced while your agreement was in force.
This may be true even if the administrator appoints a new agent to service the account.
Also, if the administrator was obligated to pay you post-terminations commissions and failed to do so, you may be able to avoid liability for any post-termination chargebacks.
At some point, for reasons that may have little or nothing to do with your performance, your agency may be terminated.
What happens next?
In the absence of contrary language in your agent agreement, you may be entitled to continuing commissions from the dealerships you serviced while your agreement was in force.
This may be true even if the administrator appoints a new agent to service the account.
Also, if the administrator was obligated to pay you post-terminations commissions and failed to do so, you may be able to avoid liability for any post-termination chargebacks.
When Bartle & Marcus was founded in 2005, our first client was a successful agent who had sold his agency to a New York-based corporate conglomerate and was locked in a dispute over his earn out.
The buyer claimed our client was a "bad actor" who engaged in questionable business practices prior to the sale and had hidden them from the buyer's auditors during due diligence.
We saw the dispute for what it was: A corporate bully with "buyer's remorse" trying to strong-arm its way out of a deal it didn't like.
The buyer claimed our client was a "bad actor" who engaged in questionable business practices prior to the sale and had hidden them from the buyer's auditors during due diligence.
We saw the dispute for what it was: A corporate bully with "buyer's remorse" trying to strong-arm its way out of a deal it didn't like.
You love your work, but this isn't a charity.
You want to be paid promptly and correctly.
Usually, this isn't a problem.
But from time to time, there are issues.
Late payments.
Lite payments.
Payment amounts that just don't add up.
Don't just sit on your hands and hope things will work out.
If you are not getting paid the way you are supposed to get paid, we can help.
We can analyze the payment terms in your agent agreement, and ensure those terms are being followed by the administrator.
If those terms are not being followed by the administrator, we can provide guidance as to your possible remedies.
You want to be paid promptly and correctly.
Usually, this isn't a problem.
But from time to time, there are issues.
Late payments.
Lite payments.
Payment amounts that just don't add up.
Don't just sit on your hands and hope things will work out.
If you are not getting paid the way you are supposed to get paid, we can help.
We can analyze the payment terms in your agent agreement, and ensure those terms are being followed by the administrator.
If those terms are not being followed by the administrator, we can provide guidance as to your possible remedies.
No matter how solid you believe your relationship is with a dealer, there is always the danger of that letter, email or phone call telling you the dealer wants someone else to service the account.
Generally, the dealer has this right, and your only options are to walk away from the revenue stream or to try to resell the dealer on your agency.
But what if the decision to change agents was the result of someone else whispering in the dealer's ear?
What if the administrator is working against you in your dealerships?
Generally, the dealer has this right, and your only options are to walk away from the revenue stream or to try to resell the dealer on your agency.
But what if the decision to change agents was the result of someone else whispering in the dealer's ear?
What if the administrator is working against you in your dealerships?
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