Ford sues dealer for placing Subaru vehicles on car lot

Michelle Massey, East Texas Bureau Sep. 27, 2010, 8:23am

SHERMAN-In a recently filed lawsuit, Ford is asking a federal judge to rescind a previous contract or force a McKinney dealership to remove all Subaru vehicles from the car lot.

Ford Motor Co. filed suit against Bob Tomes Ford Inc., doing business as Bob Tomes Ford-Lincoln-Mercury, on Sept. 17, in the Eastern District of Texas, Sherman Division.

According to the lawsuit, the parties initiated the written agreement on June 15, 2007. In order to expedite the agreement, Ford paid another dealer $250,000.

Ford states the dealer placed a Subaru dealership on the facility that was expressly dedicated to the promotion of Ford, Lincoln and Mercury vehicles.

Ford wants the defendant to perform according to the contract by removing the Subaru business from the existing Ford-Lincoln-Mercury dealership facilities or in the alternative, for the contract to be rescinded and for repayment of $250,000.

Bob Tomes provided Ford notification of the Subaru purchase on Oct. 14, 2009. In the letter, Robert Tomes states that he obtained the Subaru franchise for the McKinney marketplace and that he would be placing several new Subarus in the Pre-Owned building.

Under the 2007 written agreement, the defendant agreed to maintain a single entity for Ford, Lincoln and Mercury dealership operations, maintain the dealership facilities for the exclusive use of those products and vigorously and aggressively promote the vehicles, maintain and improve customer satisfaction and retail market share.

Ford is also asking the court for an award of court costs and attorney's fees.

Ford is represented by Billy M. Donley of Baker & Hostetler in Houston.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:10-cv-00482

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