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As you all are aware BMW NA is involved in ongoing litigation with Braman BMW, as I have posted the legal pleadings in Interesting AVP News as BMW NA's most recent pleading ANSWER and Affirmative Defenses to Amended Complaint Third, COUNTERCLAIM against Braman Motors, Inc. contradicts Dealers No Longer Allowed to Advertise Discounts from MSRP?.

BMW NA alleges that Braman "having set retail prices for BMW vehicles at levels much higher than those charged by other BMW dealers in Florida ... has focused almost exclusively on dealership profits." Furthermore, BMW NA alleges "Braman Motors' ranking among the worst performing dealers for BMW NA in the entire southeast United States ... has cost BMW NA hundreds of sales to its competitors annually".

BMW NA's logical makes no sense that now it is prohibiting BMW Centers to publicly advertise below MRSP pricing, but a center such as Braman is chastised for selling vehicles at MRSP, and as result losing sales to competitors.

"BMW NA admits it incentivizes dealers to perform certain actions and to satisfy certain minimum standards under the AVP by offering up to 5% of MRSP in bonus money for every new, eligible vehicle sold."

BMW NA uses Experian data acquired by the respective state DMV regarding registration, as this identifies loyalty. It was mentioned in Big Changes in lease buyout pricing to have a family member at a different address purchase the off lease vehicle, but with the Experian DMV data, BMW NA/FS would catch on when the original owner registers the vehicle.

Lots of different topics in this thread, attached is the pleading.
 

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