Experience

DaimlerChrysler Motors Co. v. Mississippi Motor Vehicle Comm'n, Civil Action No. 2005-0185 (Miss. Lincoln County Ch. Ct. May 26, 2005)

Regarding our client's contractual right of first refusal for the sale or transfer of the assets of one of its existing dealers, the court found on appeal the Commission acted arbitrarily, and in violation of due process, in ruling that time to exercise right of first refusal ran from receipt of the buy-sell agreement itself. The court reversed the decision of the Commission and concluded our client's 60-day period to exercise its right of first refusal under the Mississippi dealer act runs from receipt of the proposed buyer's completed application package, under the language of the Mississippi transfer provision.

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Attorneys

Gwen Young