They can sell franchises. They have to pay for rent/employees/taxes/upkeep of existing service/sales centers. Which can make them more money if done right? Spending to own the location or selling it (ie. Chipotle and many other franchise brands which bring in large money to the name)? Pretty soon, off-warranty cars will need service and having the rights to charge for that service is compelling for "well-meaning" dealerships, if you can find any. Or perhaps they sell a franchise only to non-automotive people who want to open a dealership of their own with strict policies and claw-backs. Let's see what Monday brings.
Once again... No, they cannot. Repeatedly, people note that Tesla can just
'sell franchises' then sit back, relax, and rake in the cash -- after mentioning a restaurant franchise. Sorry, no, it doesn't work that way. It should, but it doesn't. Let me tell you why...
States specifically separate the franchise laws that govern the sale of new automobiles from the franchise laws that cover EVERY other type of business. They are NOT the same, and it is that way BY DESIGN. The franchise laws that have been demanded by, lobbied for, and subjected to the entire automotive industry on behalf of
'independent franchised dealerships' go out of their way to ensure there is absolutely NO form of accountability to the manufacturer by those who sell the cars.
Literally ANYTHING that a manufacturer requests can be thoroughly IGNORED by an
'independent franchised dealership'. They can't tell them how to dress, how to advertise, how to charge for services, how to display merchandise -- NOTHING. Whatever an
'independent franchised dealership' determines is an
'unusual practice' can be declined. Any attempt by a manufacturer to delay shipments, limit access to stock, or do any other type of punishment for non-compliance with policy would be considered unlawful and would lead to fines and injunctions.
The language will NOT allow a manufacturer to even mention the vague possibility of retribution by way of a veiled whisper of a threat. A manufacturer is effectively rendered GUILTY by the very ACCUSATION of wrongdoing levied by an
'independent franchised dealership'. And just about anything that any reasonable person would consider a proper response by a manufacturer to educate, elucidate, or mandate the behavior of a franchise is considered
'wrongdoing' under franchise laws for new car sales.
A couple of years ago, the actual public change to franchise law in Michigan was pretty straightforward. It was a provision that was added to prevent manufacturers from complaining about the amounts that
'independent franchised dealerships' charged buyers for documentation fees. That is, some manufacturers had asked kindly: Pretty please, with sugar on top, could you guys please stop adding hundreds and thousands of dollars to the cost of our cars so as to not entirely piss off/rip off end users and sour them on the brand? And that simple suggestion led to a change to franchise law so that manufacturers now couldn't even make the friggin' concern KNOWN as a point of possible contention. And that provision passed by a landslide in the Michigan legislature. After it had passed, a slight alteration was made, whereby a single word was stricken from the bill, and as a loophole in Michigan law meant the details of that strike didn't have to be discussed publicly. Here is the part that changed:
A bill to amend 1981 PA 118, entitled
"An act to regulate motor vehicle manufacturers, distributors,
wholesalers, dealers, and their representatives; to regulate
dealings between manufacturers and distributors or wholesalers and
their dealers; to regulate dealings between manufacturers,
distributors, wholesalers, dealers, and consumers; to prohibit
unfair practices; to provide remedies and penalties; and to repeal
certain acts and parts of acts,"
by amending section 14 (MCL 445.1574), as amended by 2010 PA 141.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) A manufacturer shall not do any of the following:
....
(i) Sell any new motor vehicle directly to a retail customer
other than through its franchised dealers, unless the retail customer
is a nonprofit organization or a federal, state, or local government
or agency. This subdivision does not prohibit a manufacturer from
providing information to a consumer for the purpose of marketing or
facilitating the sale of new motor vehicles or from establishing a
program to sell or offer to sell new motor vehicles through the
manufacturer's new motor vehicle dealers.
And this is what it was changed to:
A bill to amend 1981 PA 118, entitled
"An act to regulate motor vehicle manufacturers, distributors,
wholesalers, dealers, and their representatives; to regulate
dealings between manufacturers and distributors or wholesalers and
their dealers; to regulate dealings between manufacturers,
distributors, wholesalers, dealers, and consumers; to prohibit
unfair practices; to provide remedies and penalties; and to repeal
certain acts and parts of acts,"
by amending section 14 (MCL 445.1574), as amended by 2010 PA 141.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) A manufacturer shall not do any of the following:
...
(i) Sell any new motor vehicle directly to a retail customer
other than through -its- franchised dealers, unless the retail
customer is a nonprofit organization or a federal, state, or local
government or agency. This subdivision does not prohibit a
manufacturer from providing information to a consumer for the
purpose of marketing or facilitating the sale of new motor vehicles
or from establishing a program to sell or offer to sell new motor
vehicles through -the manufacturer's- FRANCHISED new motor vehicle
dealers THAT SELL AND SERVICE NEW MOTOR VEHICLES PRODUCED BY THE
MANUFACTURER.
That slight change
(the -RED- text was stricken), in a
Senate Substitute for House Bill 5606, made it so that Tesla must now only sell
'through franchised dealers', when they didn't have to before. It also makes it so that Tesla cannot attend the North American International Auto Show
(NAIAS) in Detroit, or advertise, or market their cars in any way -- unless it is with the intent to promote sales through
'independent franchised dealerships'. This is just one example, but trust that the language is very much the same and puts forth many of the same restrictions in many States across the US.