Volkswagen Emissions Lawsuits: Dealers, Fleet Operators

Lost in the hub-bub about Volkswagen’s successful attempt to fool emissions regulators, is the very real economic damage being experienced right now by a certain group of American businesses. Because of Volkswagen’s deception, car dealers and fleet operators have been left holding the bag.

The economic impacts are clear. There is a daily cost for holding inventory on a car lot and vehicles lose their value while sitting for an extended period of time. Profit margins for both new and used cars begin to dramatically decline after the vehicles are on lot for more than 30 days.

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Attorney Tom Young represents publicly-traded and closely-held businesses, including car dealers, in economic loss cases involving environmental litigation.

For fleet owners, the value of fleet assets has decreased and will continue to do so as this scandal expands. When fleet owners look to liquidate affected vehicles, they may do so at a loss. As bad, fleet vehicles often act as collateral in financing arrangements. When the collateral is devalued, creditors may call the loan or otherwise require a pledge of additional security. All of this increases the cost of doing business and may jeopardize the very existence of lesser operators.

For dealers, there are costs incurred in holding vehicles in inventory. Formulas can be used by dealers to determine the “Days in Stock Break–Even Point” which identifies the number of days a vehicle can remain in inventory before profitability on that vehicle hits “break-even.” Cars that cannot be sold in a certain time period or at a profit are wholesaled at auction or sold to another dealer.

Automotive dealers either pay cash or use debt (a “floor plan” in industry parlance) to finance vehicle inventory. Regardless of which avenue a dealer uses, each day a car sits unsold on a dealer’s lot, there is a daily cost associated with holding that car.

Most dealerships have a low threshold for adversity; liquidity and cash positions are affected very quickly. For example, having $200,000 in cash tied up in ten to twelve recalled vehicles that can’t be sold can cripple a dealership.

Attorney Tom Young talks with Great 38 News about the BP claims process.

Attorney Tom Young is admitted to practice before the Supreme Court of the United States and filed a successful Amicus Brief opposing the U.S. Chamber of Commerce.

Dealers that rely on debt (floor plan) to finance their operations have even less ability to withstand hardship because payments must be made on the balance of the unsold inventory. A dealership should not have any more money tied-up in inventory than is absolutely necessary. This is why dealers sell vehicles to other dealers, even if the sale is at a loss. Doing so eases cash considerations. Excess inventory levels have negative consequences on cash flow and, consequently, on the ability to meet the cash demands of an ongoing business.

Because of Volkswagen’s Stop Sales Orders, dealers were forced to pull popular models from their lots and have not had the opportunity to sell the vehicles to the public, other dealers or auto auction houses. Thus, dealers’ money has been tied up in inventory with no chance of a foreseeable return. If “floor planned,” the dealers will carry interest and other costs associated with holding the cars during the pendency of the recall. If the inventory was financed with cash, dealers are unable to realize a financial return on the cash tied up in the unsold Volkswagen inventory. Automotive auction houses have, likewise, been forced to carry expenses on vehicles subject to the Stop Sale Order. Finally, there is now a stigma associated with all Volkswagen vehicles and their values have dropped. All of these damages have been caused by Volkswagen’s deceptive actions.

These businesses, their employees and retail customers have been, and will continue to be, harmed by Volkswagen’s deceptive acts, and thus deserve compensation for their economic losses. Our law firm represents dealers, Volkswagen and otherwise, as well as fleet operators, and will be filing suit on their behalf.

Please contact us today to discuss your case, 813-251-9706.

You may also wish to visit our site dedicated exclusively to assisting dealers with Volkswagen litigation,