Business Law

Automobile Dealership Law

Located in Union County, NJ, Schiller & Pittenger, P.C. advises and assists motor vehicle dealers in all aspects of their business. We have been practicing law in New Jersey for decades, and we know how to approach our local clients’ cases. When you choose us, you are choosing to retain the services of an experienced firm that is dedicated to client service and success. Let us work with you to resolve the transactional law matter that you currently face.

Our firm has represented clients involved in the purchase or disposition of automobile franchises for more than three decades. At one time, both Mr. Schiller and Mr. Pittenger were employed as in-house attorneys to a large automobile dealership group with over 25 franchises in four different states. We have the resources that you need, and we are thoroughly experienced in this field. Let us assist in the legal matter you currently face.

Transactional Law & Auto Dealerships

Here at Schiller & Pittenger, P.C., we represent auto dealers and other businesses in the defense of consumer fraud actions, advertising violations, and many other areas. We pride ourselves on the ability to understand the daily business operations and needs of auto dealers, and we are cognizant of those needs when offering advice.

Schiller & Pittenger, P.C. has substantial experience in all aspects of manufacturer/dealer relations, having represented dealers in a wide variety of manufacturer disputes, including warranty/incentive charge back claims, site control issues, and many other areas. The firm has represented franchised dealers threatened with termination for a variety of alleged actions, and we have also represented new or relocating dealers in protest actions before the New Jersey Motor Vehicle Commission.

Legal Auto Dealership Cases We Handle

We are proud to say that our firm played a major role in assisting the New Jersey Coalition of Automobile Retailers in effectuating key changes to the New Jersey Franchise Practice Act, which provided auto dealers with greater protection against arbitrary and capricious manufacturer conduct. Schiller & Pittenger, P.C. also performs compliance audits and in-house seminars to dealers and their staff to assist them in maintaining compliance with applicable State and Federal rules and regulations.

Areas of Schiller & Pittenger, P.C.’s Auto Dealership Law Practice:

  • Purchase and Sale of Dealerships
  • Manufacturer Termination Actions
  • Consumer Fraud Claims
  • Retail Finance Agreements
  • Warranty Parts Reimbursement
  • Lemon Law Defense
  • Partnership/Stockholder Agreements
  • Floor Plan Financing Agreements
  • Garagekeeper’s Liability Insurance

We also handle many other legal matters related to this field. If you are facing an issue pertaining to your auto dealership, then it is crucial for you to have an experienced attorney on your side.

Set Up Your Initial Consultation

When you are ready to retain legal services and take the necessary action to protect your dealership and your interests, Schiller & Pittenger, P.C. is ready to help. Our firm has been serving local residents and business owners for decades. We  are dedicated to providing you with the representation you need for success. Contact our office today to discuss the legal situation that you face and begin pursuing the results that you need.

Bank Loans

Lender Representation

We regularly represent lenders and business clients in various loans. These include commercial loans, Small Business Administration (SBA) guaranteed loans, floor financing, and other business loans.

On the banking side, our attorneys review a commitment letter and/or SBA Authorization and prepare a checklist of items to be submitted by the borrower in order to document the loan. These items regularly include title commitments, surveys, searches, entity documents, insurance, leases, franchise agreements, and many other documents, which are reviewed to ensure compliance with the lender’s requirements. Closing checklists are updated as documents are received so that all parties are kept current on the status of the checklist items. We then prepare loan documents and represent the lender at closing.

Borrower Representation

On the borrower side, our attorneys help a client to gather the documents on the lender’s checklist and coordinate all items with the lender’s counsel. We prepare any loan transaction documents the borrower is required to submit. We review the lender’s loan documents to confirm that they accurately reflect the commitment letter or SBA Authorization. Our attorneys explain the loan documents to the client, so they always know what is happening in a transaction.

Business/Corporate Law

Schiller & Pittenger, P.C.’s corporate/commercial/business law practice consists of representation and counseling of many businesses, both small and large, private and public, across the state of New Jersey. Our attorneys routinely assist clients in all aspects of forming, operating, transferring (buy/sell), and dissolving their businesses in accordance with New Jersey law, as well as dealing with issues encountered in the operation of a business on a daily basis, including, but not limited to (i) review of vendor agreements, (ii) distribution documents, and (iii) compliance with local, state, and federal laws.

At the outset, entity selection is the most important decision for a new business. Our attorneys are knowledgeable about the benefits and liabilities of each potential entity selection, including sole proprietorships, partnerships, C corporations, S corporations, and limited liability companies. Each type of entity generates different legal and tax consequences, and each carries with it different levels of protection to its owners. Our attorneys can prepare the business’s certificate of formation/incorporation, obtain the business tax ID, and register the business with the State of New Jersey.

Each entity must maintain its own operational agreements. In addition, depending on the entity selected, business owners may need a membership agreement and/or shareholder agreement. These agreements will set forth respective owners percentage of interest, their share of the profits (and losses), and each owner’s rights and responsibilities as they relate to the business. Most importantly, these agreements will specifically outline how the company will dispose of an owner’s interest in the event of that owner’s death, disability, desire to sell his/her shares, or his/her termination. Our attorneys have considerable experience in drafting these agreements so that potential issues are addressed which in turn, should preclude complex and costly litigation of those issues in the future.

Our attorneys also regularly draft and/or review employment agreements whether for the employer or the employee. Employment Agreements should provide for the specific duties that the company and the employee agree upon with respect to an individual’s employment. It should set forth the compensation and benefits in clear terms. Further, much like operating and shareholder agreements, employment agreements should outline under what circumstances the employee can be terminated for cause and without reason, as well as provide under what circumstances an employee can terminate his/her employment for reason and without reason. Oftentimes, these provisions will be referenced in accompanying operating/shareholder agreements, which is why is it important to have an experienced attorney at Schiller & Pittenger, P.C. draft and/or review all documents related to the entity and the relationship of the owners.

For day to day operations, and when it comes time for the business to undertake some form of action, our attorneys draft resolutions and advise our clients on what courses of action are suitable. When a corporation finds itself as part of a merger, acquisition, or dissolution, our attorneys will guide the business through these processes. Our attorneys regularly represent borrowers and banks in commercial and SBA (and other forms of loans) loan transactions. Our goal is to supply superior legal services in a manner structured to make the process as efficient as possible while being conscious of the costs and fees to be incurred by the client.

Contract Negotiations and Disputes

Our experienced legal team routinely assists clients in the negotiation and drafting of contracts covering a wide variety of business transactions.

We offer assistance in various transactions, including:

  • Distribution agreements
  • Joint venture agreements
  • Real estate purchase and/or sale agreements
  • Commercial real estate leases
  • Employment agreements
  • Consulting agreements
  • Non-competition/non-disclosure agreements.

Our attorneys are also available to provide advice and assistance to clients regarding the day-to-day legal issues that often arise in connection with the operation of any business, small or large.

The lawyers at Schiller & Pittenger, P.C. have substantial experience in representing clients in contract disputes and business break-ups. We are well-versed in handling all aspects of business disputes, including the ability to aggressively litigate such disputes when necessary or negotiate a favorable settlement with respect to the specific controversy.

Schedule a case consultation with one of our lawyers today