Overview

With more than 35 years of experience in the representation of motor vehicle manufacturers and distributors, Buddy has seen the economic expansions and retractions of the motor vehicle industry as well as the continual evolving nature of the law and business aspects of motor vehicle distribution at the wholesale and retail levels. While litigation may be necessary, Buddy strives to explore practical solutions that lead to a resolution in disputes that arise between parties.

Buddy is based in Waco, Texas and is a member of BFKN’s Motor Vehicle and Litigation Groups.

Buddy focuses his practice on civil litigation and administrative law with an emphasis on motor vehicle manufacturers and distributors in dealer network matters. For more than 35 years, Buddy has represented manufacturers and distributors in front of state, federal, and administrative judges in litigation arising out of business disputes and trade regulation matters throughout the U.S. Indeed, he is the longest-practicing attorney for manufacturers and distributors in Texas before the state regulatory agency now known as the Texas Department of Motor Vehicles.

Over the course of his career, Buddy has represented brands such as Mercedes-Benz, BMW, Toyota, Mitsubishi, Saab, Nissan, Peterbilt, Kenworth, Kawasaki, American Suzuki, Lincoln, Hyundai, Kia, Jaguar-Land Rover, Motor Coach Industries, REV Group, General Motors and many others in the myriad issues facing manufacturers, including add-points, relocations, terminations, incentive programs, buy-sells, dealer agreement modifications, licensing issue and others.

Credentials

Admissions

  • State of Texas
  • U.S. District Court - Northern District of Texas
  • U.S. District Court - Southern District of Texas
  • U.S. District Court - Eastern District of Texas
  • U.S. District Court - Western District of Texas

Education

  • Baylor Law School, J.D., 1984
  • Baylor University, B.A., 1982

Experience

Add Point & Relocation Matters

  • Obtained Final Order approving add point in Austin, Texas for third dealership point for brand when competitive brands had only two dealership points.
  • Obtained Final Order approving add point in Dallas, Texas when prior waivers by protesting dealer were found not enforceable. Upheld on appeal.
  • Obtained Final Order approving add point even though dealer applicant suffered serious financial reversals at other dealerships during severe economic downturn.
  • Obtained Final Order approving relocation for dealership when market share for line-make was in downward spiral.
  • Obtained Final Order approving add point based on argument that market had traditionally been at 150% of average performance and current performance of 100% was deficient.
  • Relocation matter where proposal was to relocate dealer to within 4.5 miles of existing dealer in major metro. During discovery phase, protestant withdrew appeal and license application allowing relocation was approved.

Terminations

  • Termination involving warranty fraud. Secured testimony of current and former service managers, technicians and other dealership employees regarding fraud. Following trial and before decision was issued, dealership was sold, and dealer agreement voluntarily terminated.
  • Termination involving warranty fraud. After key depositions were taken and evidence that receipts from NAPA store were fraudulent as NAPA never had a store in the small town, the dealership was sold, and dealer agreement was voluntarily terminated.
  • Obtained Final Order approving termination of 25+ year dealer for failure to buy a $13,000 sign in connection with brand identity program. Termination upheld on appeal.
  • Termination matter involving dealer who pulled firearm on customer and chased him down the highway. On eve of trial, an Agreed Order allowing termination was executed.
  • Final Order obtained allowing termination for poor sales performance and facilities.
  • Final Order obtained allowing termination for poor performance and failure to properly conduct service operations.

Modification or Replacement Dealer Franchise Agreement Protests

  • Final Order obtained dismissing protest of modification finding that the language in the new agreement was the same or substantially the same as the current agreement. Decision upheld by Third Court of Appeals in Austin, Texas.
  • Final Order obtained allowing modification of geographic area set forth in dealer agreement.
  • Final Order obtained dismissing protest of dealer who claimed modification of dealer agreement and refusal to approve 40 plus mile relocation in face of application by third party.

Miscellaneous

  • Appointed by DMV Board to serve on advisory committee.
  • Handled numerous enforcement matters pre-filing and post filing of complaint by regulators.
  • Worked with stakeholders to modify proposed rules.
  • Successfully argued that DMV Board should not undertake consideration of improper request for “formal opinion.”
  • Investigation and subsequent state court litigation regarding possible corporate espionage by competitor’s employee.
  • Advice and counsel regarding introduction of new line-makes or transition of former line-makes to new dealer networks.

Newsroom

Speaking Engagements

Recognitions

  • Best Lawyer, The Best Lawyers in America© (2009-2025)
    • Commercial Litigation
    • Franchise Law
  • Franchise Times Legal Eagle (2005)
  • Lead Articles Editor, Baylor Law Review
  • Phi Delta Phi
  • bl_ferguson2025

Organizations

  • Board of Trustees, Children at Heart Foundation
  • Board of Trustees, Children at Heart Ministries
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