Lost in the hub-bub about Volkswagen’s deception in fooling regulators about the emissions of its “clean” diesel engines is the very real economic damages of a certain group of small businesses.
In addition to consumers, used car dealers are left holding the bag because of Volkswagen’s deception. That is because those small business owners made economic decisions for their businesses, unaware of VW’s deception.
The economic impacts are clear. There is a daily cost for holding pre-owned inventory on a used car lot and used cars lose their value while sitting on a used car lot for an extended period of time. Profit margins for used cars begin to dramatically decline after the vehicles are on a lot for more than 30 days. Further, 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 the used vehicle inventory before profitability on that vehicle hits a “break-even point.” 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”) to finance used 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 $200,000.00 in cash tied up in ten to twelve recalled vehicles that can’t be sold can cripple a dealership. Dealers that rely on debt (floor plan) to finance their dealership have even a higher risk and less ability to withstand hardship because payments to reduce the principal amount 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 will sell vehicles to other dealers, even if they have to do so at a loss. Doing so eases cash considerations even though the vehicle did not make a profit. 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, used car dealers were forced to pull popular models from their lots and have not even had the opportunity to sell the vehicles subject to the recall 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 have carried 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 Volkswagen vehicles and the values of the vehicles have dropped. All of these damages have been caused by Volkswagen’s deceptive actions.
These small business owners, like consumers, are affected by Volkswagen’s deceptive acts and deserve compensation for their economic losses.
J. R. Whaley understands the law and how to get results in litigation. His reputation for quality and results means you can trust him to get the best results for your case. In addition to complex litigation cases, J. R. also has years of experience working on serious personal injury cases including death, financial injury cases and disputes between insurance companies and their policy holders.