Kia dealership sues LMP Automotive following failed acquisition

A Connecticut Kia dealership this week sued LMP Automotive Holdings Inc., alleging breach of contract and trying to get $100,000 in deposits held in the failed acquisition. But a lawyer for the dealership mentioned a resolution may possibly currently be in the will work.

K & W Enterprises and Ash Street Holdings sued LMP and Very first American Title Insurance Co. in federal court in Connecticut on Monday. The dealership and serious estate firm allege LMP breached the obtain arrangement to purchase Kia of East Hartford and residence when LMP failed to submit all wanted info to Kia Motors America.

LMP needed to get hold of company approval to close the deal. And mainly because of that alleged breach of agreement, the dealership and authentic estate company imagine they are entitled to the deposits.

The dealership, owned by Joseph Klimas Jr., entered into a obtain and revenue settlement with LMP in July for much more than $9 million. Revenue was deposited in escrow with the title firm. A closing was slated to happen by Feb. 28, in accordance to the complaint, and the plaintiffs say they terminated the offer on March 1.

On Feb. 18, Kia of East Hartford gained a letter from Kia Motors that it had been notified by LMP that the transaction had been terminated and that Kia would no for a longer time examine LMP’s software, according to the complaint.

In February, publicly traded vehicle retailer LMP announced it was exploring strategic alternatives for the enterprise, together with providing its 8 franchised dealerships and four applied-car or truck merchants, just after it was unable to safe financing to shut 7 pending transactions. The Fort Lauderdale, Fla., firm said it meant to terminate all of all those transactions.

LMP, in a regulatory filing, explained the acquisition of Kia of East Hartford and residence was terminated on March 11 and that it did not hope any “content termination penalties” associated to the canceled offer.

In some of LMP’s other canceled acquisitions, the vendor saved deposits, some as significant as $2 million.

Robert Feiner, a Hartford, Conn., lawyer for Kia of East Hartford, reported in a late Thursday e-mail to Automotive News that “the parties have agreed to take care of any disagreement involving them subject to finalizing proper documentation.”

The dealership and genuine estate company had sought damages, moreover charges, in addition to be awarded the $100,000 in deposits.

As of mid-Friday afternoon, there ended up no up to date court docket filings for the circumstance.

LMP executives did not reply to requests for remark on the lawsuit or attainable resolution.

LMP was slated to share its fourth-quarter earnings on Thursday but in a information release mentioned it would hold off the launch of its outcomes. It did not give a new date.