July 2k15 final

JULY 2015

www.FIADA.com

Information and Insight for Florida Used Car Dealers

om of ican freed r e m A f o the cog o keep the t in t g r a in p lp l e a r h side 4. n integ SEE PAGE ht by their lers play a ? ig a r e e s n a D e c t e e n b e h s t d asn’t DA ha Indepen nd the FIA en if that w a p , p n a io h t a ld t r u t wo transpo lling. Wha wheels ro FIADA 1940-2015

FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

www.fiada.com

Y E A R S July 2015 — Independent Dealer — 1

PAID ADVERTISING PAID ADVERTISING

2 — Independent Dealer —July 2015

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Dealer Independent

MAILING ADDRESS 1840 Fiddler Court Tallahassee, FL 32308

TELEPHONE (850) 385-2712 (800) 237-0448

FAX (850) 385-3251

WEBSITE www.FIADA.com EXECUTIVE COMMITTEE Jim Winterick, Sr.

President

Paul Matton

Senior Vice President

Dino Mercurio

Chairman of the Board

Contents July 2015

For members of the Florida Independent Automobile Dealers Association

C O L U M N S & F E AT U R E S 4

President’s Message Jim Winterick, Sr.

6

Executive Director’s Message Lisette Mariner, CAE

10

Sellers Beware: Is This You/ Terry Myers covers a few of the hot topics of interest to dealers.

12

Member News

14

Florida’s Frank Fuzy Ready to Lead NIADA FIADA Past President Frank Fuzy was installed as president of the national association during the convention in June and is ready to start his term.

16

FIADA 2015 Annual Convention and Trade Show The tentative schedule is out, and your chance to register for the 75th Anniversary Celebration is here.

20

Giving Your Notice Attorney Rob Sickles offers explanation on how to give proper notice for a post reposession sale.

POSTMASTER:

22

Legislative Update New curbstoning enforcement penalties are now in effect. Review the proper procedures for reporting a violator.

FIADA • 1840 Fiddler Court Tallahassee, FL 32308 (850) 385-2712 • Toll Free: (800) 237-0448 Fax (850) 385-3251 • www.FIADA.com

26

A Look at Current Legal Issues Attorneys Tom Hudson and Nicole Munro recap recent federal and legal developments of interest to dealers.

The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308

30

Industry News

Brad Joel

Secretary Lisa Compagno

Treasurer Scott Lanier

Regional Vice President

Christopher Leedom

Regional Vice President Steve Marbais, CMD

Regional Vice President

Phil Risley

Regional Vice President

Govinda Romero

Regional Vice President

FIADA STAFF Lisette Mariner, CAE

Executive Director Terry Myers

Educational Instructor Jason Berthiaume

Education and Marketing Coordinator

Amelia Tillman

Membership Director Christy Taylor

Editorial/Advertising

Send address changes to

The magazine is published every month in Tallahassee and distributed to Florida new, used, wholesale and lease/retail car dealers.

Advertising rates are available upon request.

The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of Independent Dealer or the Association. Likewise, the appearance of advertisers, or their identification as members of FIADA, does not constitute an endorsement of the products or services featured.

www.fiada.com

ABOUT THE COVER KEEP AMERICA ROLLING

You may have noticed the nostalgic influence for the covers of Independent Dealer this year. In honor of FIADA’s 75th Anniversary, we have been drawing inspiration from 1940s art, posters and culture. This month we found a poster created by the U.S. Office for Emergency Management reminding drivers to conserve rubber by saving their tires. The original poster is part of the national collection compiled by Northwestern University Library and may be found at https://images.northwestern.edu.

July 2015 — Independent Dealer — 3

FROM THE PRESIDENT

What is the Price of Non-Membership?

BY JIM WINTERICK, SR., FIADA PRESIDENT

I

wonder if many people consider the price of not joining the FIADA. Often I hear people ask, “what do I get if I join the association?” Let me instead tell you what you get by not joining. You get no representation in Tallahassee, no one in Washington, DC telling the entrepreneurial story of the independent dealer. No one saying to legislatures and bureaucrats that we provide a great service for the populace of our communities. No one looking out for your interest. No one to be there when laws and rule making that will affect your business are formulated. No one to call for advice when the acronyms (ie. DMV, DOT, AG, DOR, etc.) come calling.

No one to stand with you and deliver our point of view on issues important to all Independent Dealers, our employees, families and customers. If you did not join their would be no one; you would be alone and an island unto yourself.

Would you be able to deliver a vehicle to your customer at a reasonable price with all the litigious compliance that would be placed in your way? It would seem to me that it would be highly unlikely you could, knowing the misinformed intent of many who do not know or understand our business.

Independent dealerships would be a thing to be remembered, replaced by well-funded, big box retailers who would control the marketplace. Your regular, locally-owned dealer would be something talked about nostalgically at dinners and gatherings. Such as, “Hey can you remember when those used car lots were around?” “Yeah they were like the old businesses like hardware stores, where you could actually talk with someone face to face; you’re too young to remember but there were actually people who did that.”

So what is the price of membership? $325. Yes, for a little more than $25 a month you can have the peace of mind knowing someone is on your side. That’s around $7 a week, or about the price of a six pack of beer or 12 pack of soda, if you please. Or a dozen doughnuts. Less than an auction no-sale fee. A couple of gallons of gas. Get the point? How

4 — Independent Dealer —July 2015

can anyone who is serious about making a living selling used vehicles afford not to be a member? Most Independent Dealers I have met are smart people. They are budget conscience business people. The price of being a member is cheap compared to not being a member. How can you afford not to be? For me it is a small price to pay for the security to know someone has my back. Are you serious about your profession? Have you noticed that some of the most successful dealers you know are members of the FIADA? What do they know that you don’t? Find out today and see that you can’t afford not to be a member!

Many of us went to the NIADA Convention in Las Vegas. We paid our own way. We had a great time and attended many educational and informative meetings. We were updated on the Legislative and Regulatory atmosphere coming from Washington. I learned new and cutting edge technical ideas of how to make more money. Better ways to keep my customers close to my business. New technologies for cutting expense, keeping more profit. I enjoyed the installation of Frank Fuzy of Pompano Beach, Florida as our new National President. We have not had a National President from Florida in 25 years. Congratulations to Frank and his wife and partner Gina on a great accomplishment. Frank had a great speech, the emphasis being on membership. We all know the strength that membership has, for together we can accomplish goals unattainable by the individual.

Our Association, both the National and Florida Independent Auto Dealers Associations exist solely to help our profession.

Dealers doing for Dealers. Will you get serious about your business? Will you join us?

Selling cars for fun and profit, Jim Winterick, Sr. FIADA President www.fiada.com

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Contact Protective’s Florida representative, Chris Behrens at 866 452 7335 A “National Corporate Partner” has met stringent NIADA criteria demonstrating that it can provide valuable products and services to NIADA members. No legal partnership has been created by the granting of this status, but NIADA does receive compensation from Protective. Limited Warranty Products, Vehicle Protection Plans (VPPs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VPPs are backed by Old Republic Insurance Company, Limited Warranty Products are backed by Western General Insurance Company and GAP is not available. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.

www.fiada.com

July 2015 — Independent Dealer — 5

EXECUTIVE DIREC TOR’S MESSAGE

Orange is the New FIADA

BY LISET TE MARINER, CAE, EXECUTIVE DIRECTOR

Y

our Association was well represented last month at the NIADA Annual Convention in Las Vegas. Not only were we styling in our Sunshine State orange jackets, but we also had some of our members honored and recognized on the national level.

Congratulations to Frank Fuzy, the new NIADA President. Also, kudos to Chris Leedom, who represented us well at the NIADA Quality Dealer banquet. Jim Kagiliery was tapped as a speaker at one of the NIADA education sessions for his knowledge of the financing world. John Cousins was honored as a finalist for the Manheim Community Service Award as well as being named Trustee for the NIADA Foundation. Congratulations to all!

Instead of a written message this time, I thought I would offer you a photo essay from our time at the NIADA Convention. My hope is that you will catch a glimpse of the training, networking and fun that happens at an Annual Convention and realize it makes a lot of sense to attend. As you may know, the FIADA Annual Convention is just a few short months away, so make plans now to attend and be a part of the experience. Check out the center spread (page 16-19) for information and a registration form.

6 — Independent Dealer —July 2015

Proudly representing FIADA (from L to R): George Hickey, Jeff Zupec, Ashten Mays, Jim Taylor, Mike Samaan, Dino Mercurio, Ray Morrison, Jim Winterick, Sr., Frank Fuzy, Brandi Noegel, Steve Marbais, Paul Matton, Ed Goodman and John Cousins.

So cool to see the pops of orange in a sea of NIADA attendees. FIADA President Jim Winterick’s suggestion of bright, matching blazers really paid off. www.fiada.com

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John Cousins and his wife Judy

Frank Fuzy’s inauguration speech.

Jim Kagiliery participating in a panel discussion.

Chris Leedom’s Quality Dealer video

The Sunshine State’s best and brightest.

Florida’s Quality Dealer NIADA CPO Panel, independent dealers can get a competitive edge.

The gang’s all here. There were 41 dealers from Florida.

The First Family.

Lunch and learning.

Lisa and Chris Leedom.

See you at the FIADA Convention!

George Hickey, Ed Goodman and Ray Morrison cruising in the hallway. A grand Las Vegas dinner.

8 — Independent Dealer —July 2015

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July 2015 — Independent Dealer — 9

BACK TO BASICS

Sellers Beware: Is This You?

BY TERRY MYERS

Buyer’s Guides, NMVTIS Registration and Off-Premise Sales are just a few of the things dealers need to be aware of to stay compliant.

T

here’s never a dull moment in the life of a used car dealer.

Here are three hot topics all independent dealers need to be aware of.

BUYER’S GUIDES

FTC Action Leads Arkansas Car Dealer to Pay $90,000 Civil Penalty for not Displaying ‘Buyers Guides’ on Used Cars is the title of a June 10, 2015 FTC Article that you need to read.

Follow this link (https://www.ftc.gov/ news-events/press-releases/2015/06/ ftc-action-leads-arkansas-car-dealerpay-90000-civil-penalty-not) for information about an Arkansas auto dealership and its owners who agreed to pay a $90,000 civil penalty to settle Federal Trade Commission charges that they failed to display a “Buyers Guide” on used vehicles offered for sale, as required by the FTC’s Used Car Rule. The Rule also provides that the Buyers Guide becomes a part of the sales contract and overrides any contrary provisions in the contract.

The proposed order also requires the defendants to display prominently a properly completed Buyers Guide on used vehicles, with all of the disclosures required by the Used Car Rule and reflecting the warranty coverage, and to include this statement in sales contracts: 10 — Independent Dealer —July 2015

“The information you see on the window form for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract of sale.”

For sales conducted in Spanish, the defendants are barred from failing to provide the same information in Spanish. To learn more, read the FTC publication A Dealer’s Guide to the Used Car Rule found at https://www. ftc.gov/tips-advice/business-center/ guidance/dealers-guide-used-car-rule.

The above (in part) reflects the outcome of ignoring warnings. In addition, this action could ‘potentially’ lead to fines at the Attorney General level. In Florida this could be $10,000 for each violation. The Division of Motorist Service could ‘potentially’ fine up to the $1,000 per incident level.

If you have been warned that you should be posting Buyer’s Guides and have not yet been fined, count your blessings.

REBUILDERS AND SALVAGE DEALERS NEED TO REGISTER WITH NMVTIS

The Anti-Car Theft Act, defines junk and salvage yards “as individuals or entities engaged in the business of acquiring or owning junk or salvage

automobiles for resale in their entirety or as spare parts or for rebuilding, restoration, or crushing.” Included in this definition are scrap-vehicle shredders and scrap-metal processors, as well as “pull- or pick-apart yards,” salvage pools, salvage auctions, and other types of auctions, businesses, and individuals that handle salvage vehicles (including vehicles declared a “total loss”). [Italics, underlines and BOLD added for effect] Auto recyclers, junk yards, and salvage yards must submit the required monthly reports to NMVTIS through third party organizations that have agreed to provide this service.

Reporting can be as frequently as desired, but not less frequently than monthly. The Department of Justice encourages all reporters to submit information to NMVTIS as soon as possible to prevent fraud and theft and to protect consumers.

The approved Third Party Data Consolidators for auto recyclers, junk yards, and salvage yards is Auto Data Direct, Inc. For free and full service NMVTIS reporting go online to www.add123.com or call 1-866-923-3123. For insurance questions, email insurance@add123. com and salvage information use www.fiada.com

salvage@add123.com. For further information on reporting at the off site location, then all required permits, signs, methods and technical specifications, contact Auto Data advertising, etc. need to be in place. If an unsolicited Direct, Inc., above, and visit the opportunity takes place, the dealer might NMVTIS website at: http://www. be better advised to make an appointment Advice is free. vehiclehistory.gov/nmvtis_auto. to meet back at the licensed location. html#reportingrequirements Forgiveness costs a For further clarification, talk to fortune! What you your Compliance Examiner and the OFF-PREMISE SALE MAY Florida Office of Financial Regulation, ALSO, REQUIRE A TEMPOknow makes you http://www.flofr.com/StaticPages/ RARY FINANCE LICENSE money.

What you MotorVehicleRetailInstallment.htm for The Motor Vehicle Retail relevant clarification.

Installment Seller license only don’t know, costs you a covers financial business conducted fortune!

Advice is free. Forgiveness costs a fortune! within the dealer’s approved If even you suspect that any of the above county. might apply to your dealership, do your homework, ask questions, get and follow Dealers that hold a Division of directions.

My mantra is: “What you know makes you Motorist Services approved “OFF PREMISE SALE” permit money.

What you don’t know, costs you a fortune!” and that sale is inside the dealership’s approved county, are covered. However, should a dealership wish to operate outside that county, the dealership must obtain a ‘temporary’ finance Terry LB Myers is an author, lecturer, FIADA instructor and FADS license. owner/instructor. Terry can be reached at (727) 804-7375 or tmyers@ Sometimes the dealership might take a vehicle to a show. If the dealer offers the vehicle for sale or enters into negotiations

Broad and Cassel Welcomes Robert Sickles

floridaautodealerschool.com. Feedback is appreciated and encouraged.

Copyright 2015.

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July 2015 — Independent Dealer — 11

MEMBERSHIP NEWS

New Members

JUNE 2015

AUTO LIQUIDATORS OF STUART Stuart, FL Michele Hanner Sponsor: Lisa Compagno

HOMELAND CAR SALES LLC Miramar, FL Joe Kuruvila Sponsor: www.FIADA.com

AUTOMAXX Orlando, FL Jennifer Finlay Sponsor: FIADA

JDH FINANCIAL GROUP, INC. Palmetto Bay, FL Hector Trujillo Sponsor: www.FIADA.com

CG USED AUTO INC Spring Hill, FL Kenisha Gonzalez Sponsor: Terry Myers

JOHN SCOTT FRIESEN Niceville, FL Sponsor: Terry Myers

CARE AUTO SALE, INC. Miami, FL Harold Jean-Louis Sponsor: www.FIADA.com FIFTH THIRD PROCESSING SOLUTIONS L PROVIDED BY VANTIV West Palm Beach, FL Dan Hulen Sponsor: Lisa Compagno G & G SALES AND SERVICE Hawthorne, FL Vernon Glisson Sponsor: Kevin Scott GETHSEMANE AUTO SALES CORPORATION DBA MIX AUTOS Orlando, FL Anderson Couto Sponsor: Amelia Tillman

OK CARZ Lakeland, FL Mark Vallejo Sponsor: Amelia Tillman PAID AUTO LLC Jacksonville, FL Donavan Carr Sponsor: FIADA QUALITY EQUIPMENT & PARTS INC Lake City, FL Randy McKenzie Sponsor: Amelia Tillman STEVE’S AUTO REPAIR, INC. Sarasota, FL Steve J. Beiler Sponsor: STREETSIDE CLASSIC CARS Wesley Chapel, FL Donna Robbins Sponsor: Kevin Scott

www.FIADA.com INFORMATION WHEN YOU NEED IT!

Can’t find what you’re looking for? Call us at (800) 237-0448.

FIADA.com is the online hub for all your member benefits and services.

Log on today to get education, information and current events.

12 — Independent Dealer —July 2015

Renewing Members

JUNE 2015

40+ Year Members Gateway Auto Sales, Inc. 30+ Year Members Southeast Car Agency, Inc. Turnpike Motors 20+ Year Members Benz Financial Services, Inc. Century Motors of S. Fla., Inc. Florida Auto Exchange Co. Maxx Motors Mike Hill Used Cars, Inc. Motorcar Gallery, Inc. Paymentbooks.com, a division of Howland International 10+ Year Members AFS Acceptance LLC American Recovery Association Auto Select Automax Casey’s Auto Wholesale Gallagher PromoMonal Products Golden Oldies Auto Sales, Inc. Splish Splash Auto Sales, Inc. Trinity Motors Warren’s Auto Sales Under 10 Year Members Advance Auto Brokers, Inc. American Classic Car Sales Anderson’s Affordable Auto Auto Miami Group Braman Motorcars Broad and Cassel Cars Unlimited Carsforsale.com Cliff Shuler Auctioneers Evans Auto Sales Greenfield USA Wholesale LLC Hometown Auto Mart, Inc. McKinna Auto Sales Millennium Motors

MJC Classic Cars LLC PCT Enterprises Of FL, LLC Premier Motor Cars Rick’s Auto Marketing Center ScoU’s Auto Repair & Sales South Side Kia Sterling Credit Corporation Tallahassee AutoFinance dba Gary Moulton Auto Center Vip Auto Group Inc Wing Motors Automobile Corp Woodall Auto Wholesale, Inc.

Jacksonville, FL Gainesville, FL Pompano Beach, FL North Miami Beach, FL Pompano Beach, FL Dunedin, FL Princeton, FL Panama City, FL Ft Lauderdale, FL Kissimmee, FL Ft Lauderdale, FL Irving, TX Saint Augustine, FL Palm Harbor, FL Sarasota, FL Longwood, FL Hudson, FL Princeton, FL Sarasota, FL Avon Park, FL Tampa, FL Sarasota, FL Dunnellon, FL West Park, FL West Palm Beach, FL Tampa, FL Tampa, FL Sioux Falls, SD Titusville, FL South Daytona, FL Hollywood, FL Dunnellon, FL Brunswick, FL Winter Park, FL

Lakeland, FL Englewood, FL Bonita Springs, FL South New Smyrna Beach, FL Sarasota, FL Jacksonville, FL Maitland, FL Tallahassee, FL Clearwater, FL Miami, FL Ocoee, FL

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DEALER MANAGEMENT SOFTWARE | WEBSITES & MOBILE APP | REPAIR SHOP PROGRAM TITLE PAWN PROGRAM July 2015|— Independent Dealer — 13 www.fiada.com

Florida’s Fuzy Next NIADA President

T

here are many interesting and one-of-a-kind characters in FIADA’s 75 year history—an ongoing story of men and women who have given time, talent and tenacity for the purpose of bettering an industry that they love. Along the way, there have been great patriarchs like Don Hyatt and Bob Galloway who have taken their love for cause and profession serve in leadership with the National Independent Automobile Dealers Association. The next chapter begins this month as Frank Fuzy steps into the role as NIADA President and ushering in an era of membership focus and recruitment.

FIADA veteran and go-to membership guy has been installed as the president of the National association.

BY CHRIST Y TAYLOR

Frank Fuzy began his term as NIADA President after being installed at the NIADA Annual Convention in Las Vegas last month.

It has been over two decades since a Florida-based dealer has been at the helm of the NIADA Executive Committee. Of course, former FIADA Executive Director Steve Jordan was tapped a front-row seat to succeed NIADA’s na Gi d an k to Fuzy’s passion Mike Linn in 2011 Fran for membership and is now the congratulated by as a membership national association’s ebay Motors committee Executive Vice chairman, Eagle President. But, a Award winner and top membership national presidency is different, and recruiter for over 30 years. Fuzy has as a permanent fixture in all areas of been the mastermind of many of FIADA leadership Fuzy is primed and FIADA’s membership recruitment ready for the title. campaigns and contests over the years as well as a developer of NIADA’s Fuzy succeeds 2014-15 president Alan Crystal Eagle Award, the top prize Kuehn of South Sioux City, Nebraska for membership recruitment given to and told attendees at the NIADA members who sponsor 100 or more banquet when he was installed that new members in a year. increasing membership is his highest priority. That comes as no surprise to “As president this year, I want to make FIADA members who have have had 14 — Independent Dealer —July 2015

our membership grow,” Fuzy said. “I want everyone to do something to increase our numbers. That’s why I’ll be introducing new membership events, new programs and new incentives, and will create new excitement around our association.

And when I say ‘our’ association, I mean everyone from the top down,” Fuzy said in his inaugural address.

Fuzy has issued a challenge to every member, vendor, past and current president, quality dealer, Certified Master Dealer, executive director and staff member: buy-in to the belief that NIADA is a prestigious trade association and help double its www.fiada.com

“When we add to our membership, our voice in Washington D.C. grows louder and has more impact. At this time in our industry, we cannot afford to lose the ground we’re gaining in Washington and our state capitols,” Fuzy said.

Keeping the excitement going and leading the association is a tall order in itself, but add it on to the responsibilities of owning and operating one of the largest used vehicle sellers on the internet and it is more than enough for one man to handle. Good thing Fuzy’s partner in life and business, Gina, will be alongside to help. Florida dealers are used to seeing the dynamic duo in action, whether it’s on a cell phone closing a sale or in a board meeting offering insight and ideas. Now it’s time for the rest of the country to benefit from their leadership.

The honor of being NIADA President is not lost on Fuzy, who says his 25year commitment of state and national association leadership has brought him to this point. He likens it to being named MVP of a winning Super Bowl team.

“It’s an honor to be the voice of dealers across the country and to have input with members, non-members, vendors and all others who stand for the used car industry,” Frank said. “It’s amazing.

We’re just happy to be a part of it.”

For the next year, Fuzy will be promoting the message that state and national association membership is the only way to build a business in the used car industry. Whether its the Certified Master Dealer program, the Certified Pre-Owned Vehicle program or a host of other member benefits and trainings, NIADA has the tools to help dealers succeed. Fuzy encourages members to www.fiada.com

tell their story to potential members and let their personal testimony sell it.

Sincerity is key to business success, as well as the future of the Association, and Fuzy says it is his best quality as a dealer and a president. His honesty, sincerity and passion are the things he hopes members will remember about him at the end of his term.

“What you get from me is I’m honest,

I’m sincere, I have a passion for this industry and I’m a black-and-white person–a decision maker,” Fuzy said.

“But, it’s not about me, it’s about we. I want people to know that as president I’m speaking not for myself but for all of the association’s members as well as the state association directors and vendors and everyone who’s a part of NIADA. Your opinions count, and the bottomline goal is what’s best for the industry and its members.”

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July 2015 — Independent Dealer — 15

TRADE SHOW H CONTINUING ED WORKSHOPS H PRIZES H FOOD CE CREDITS 1940s DEALER LEGAL AVAILABLE SINCE 1940

THEMED

EVENTS

16 — Independent Dealer —July 2015

VENDOR

NETWORKING

UPDATE

AND Q&A

NEW DEALER

TRAINING

www.fiada.com

e v i t HOTEL: a t n Te SCHEDULE Thursday, Oct 22, 2015 3:00 - 7:00PM 6:30 - 8:30PM

Registration Open Welcome Reception

Hilton Orlando Lake Buena Vista

FRIday, Oct 23, 2015 7:30 - 4:00PM 8:00 - 9:00AM 9:00 - 10:15AM

10:15 - 10:45AM 10:45 - 11:00AM 11:00 - 12:00PM 12:00 - 1:30PM 1:45 - 2:45PM 1:45 - 2:45PM 1:45 - 2:45PM 3:00 - 4:00PM 5:00 - 9:00PM

Registration Open Breakfast Opening Keynote with Pamela Grimes, Proctor University Member Meeting/Elections Coffee Break Panel Discussion Networking Lunch Breakout Session A Breakout Session B Breakout Session C Division of Motorist Services Update Exhibit Hall Grand Opening, 1940’s Theme Party and Dinner

1751 Hotel Plaza Blvd, Lake Buena Vista 1-800-HILTONS OR (1-800-445-8667) There is a FIADA Room Block at the Hilton Orlando Lake Buena Vista. You can reserve your room by calling the number above and mentioning group code “FIA”.

You can also book your room through the FIADA Group Page, using the same code.

Reservations must be made by September 20, 2015 in order to qualify for the group rate of $139 (plus tax).

SATURday, Oct 24, 2015 8:00 - 9:00AM 9:00 - 10:00AM 9:00 - 10:00AM 9:00 - 10:00AM 10:15 - 11:45AM

12:00 - 2:30PM

2:45 - 3:45PM 2:45 - 3:45PM 2:45 - 3:45PM 4:00 - 5:30PM 5:30 - 7:00PM

Breakfast with Exhibitors Breakout Session A Breakout Session B Breakout Session C Keynote Speaker: Comedian Kenn Kington and Awards Ceremony Lunch with Exhibitors & Exhibitor Giveaways Breakout Session A Breakout Session B Breakout Session C Panel Closing Reception

Get the latest Convention schedule and info at ffiiada.com www.fiada.com

July 2015 — Independent Dealer — 17

2015 FIADA ANNUAL CONVENTION COMPANY INFORMATION

Company:___________________________________________________________________________________________________________ Address:__________________________________________________ City, State, Zip:_____________________________________________ Phone:___________________________________________________ Fax:______________________________________________________ E-mail:___________________________________________________ Website:__________________________________________________

REGISTRATION INFORMATION FIADA MEMBER DISCOUNTED REGISTRATION RATES

EARLY BIRD (3/1 - 8/31)

REGULAR (9/1 - 10/16)

ON-SITE (10/17 - 10/24)

[

] $249

[

] $299

[

] $349

Badge Name:___________________________________________________________

[

] $195

[

] $195

[

] $195

Badge Name:___________________________________________________________

[

] $195

[

] $195

[

] $195

[

] $100

[

] $100

[

] $100

[

] $99

[

] $124

[

] $149

Badge Name:___________________________________________________________

[

] $299

[

] $349

[

] $399

Badge Name:___________________________________________________________

[

] $195

[

] $195

[

] $195

Badge Name:___________________________________________________________

[

] $195

[

] $195

[

] $195

[

] $100

[

] $100

[

] $100

[

] $124

[

] $149

[

] $175

MEMBER

FULL ACCESS PASS Badge Name:___________________________________________________________

ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass)

SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:___________________________________________________________ EDUCATION PASS (Does not include meals) Badge Name:___________________________________________________________

NON-MEMBER REGISTRATION RATES

FULL ACCESS PASS NON ADDITIONAL FULL ACCESS PASS (Available with purchase of Full Access Pass) MEMBER

SPOUSE FULL ACCESS PASS (Available with purchase of Full Access Pass) Badge Name:___________________________________________________________ EDUCATION PASS (Does not include meals) Badge Name:___________________________________________________________

FULL ACCESS AND SPOUSE FULL ACCESS PASSES includes all meal functions, seminars and exhibit hall access and is eligible for continuing education credit. Additional Full Access passes and Spouse pass are only available with a Full Access registration. Valid FIADA membership required for FIADA member registration rates.

CHILD REGISTRATIONS AVAILABLE Contact FIADA at (800) 237-0448 for details and to register.

TOTAL:

$

PAYMENT METHOD [

] I have enclosed a check made payable to FIADA

[

] I will be using a credit card

Name (as it appears on card):_____________________________________ Company:______________________________________________ Credit Card Billing Address:______________________________________________________________________________________________ Credit Card Number:________________________________________________________________

Exp Date:_________________________

Authorized Signature:_______________________________________________________________ CC Security Code:___________________ CANCELLATION POLICY: If cancellations are received in writing before 5pm on Monday, September 21, 2015, we will refund your registration fee. If cancellation is received between 9/22/15 and 10/11/15, we will refund your registration fee less a $25 processing fee. Fees cannot be refunded for registrations cancelled after 10/11/15 or for no-shows. PHOTO/VIDEO RELEASE: By registering for the 2015 FIADA Annual Convention, I hereby grant permission to use any and all photographic imagery and video footage taken of me at this event and activities pertaining to this event, without payment or any other consideration. I understand that such materials may be published electronically or in print, or used in presentations or exhibitions.

HOTEL INFORMATION: Hilton Orlando Lake Buena Vista. Hotel stay is separate from convention registration. Reservations must be made BEFORE SEPTEMBER 20, 2015 to qualify for group discount of $139 per night (plus tax) For reservations call (800) HILTONS/(800) 445-8667.

Mail: 1840 Fiddler Court, Tallahassee, FL 32308 18 FIADA, — Independent Dealer —July 2015

Fax: (850) 385-3251

Online: www.FIADA.com

Call:www.fiada.com (800) 237-0448

ON I T N E

V CON

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SO PON

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Earn a FREE registration to the FIADA Annual Convention AND hotel accommodations at the Hilton Orlando Lake Buena Vista!

Recruit FIVE new members Receive a full access pass to the FIADA Convention.

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Recruit ten new members Receive a full access pass and a hotel stay.*

Contest ends Aug. 31, 2015 *(one room/3 nights at the Hilton Orlando Lake Buena Vista)

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Y E A R S

July 2015 — Independent Dealer — 19

GENERAL COUNSEL

Giving Your Notice

BY ROB SICKLES, FIADA GENERAL COUNSEL

As a secured party, it is important to understand all of the requirements involved for regaining your collateral, especially those about giving proper notice for a post repossession sale.

B

elieve it or not Florida law has a fairly strict set of procedures that a secured party must follow when disposing of collateral.

Most states have adopted some version of the Uniform Commercial Code which then governs commercial relationships in that state. Florida is no exception and its laws dealing with commercial relations are contained in Chapters 668 through 688 of the Florida Statutes.

As increasing area of liability for buy here-pay here dealers or finance companies that are operating in Florida arises out of the procedures that are employed by these businesses post repossession. Once a secured party obtains possession of its collateral, such as a vehicle, the secured party must proceed in the manner outlined in Chapter 679 of the Florida Statutes. Importantly, the lien that a secured party holds does not vest the secured party with any ownership rights in the collateral.

Instead, the secured party has the right to seize the collateral and, after compliance with the applicable statutes, either retain the collateral in full satisfaction of the underlying debt or dispose of the collateral as outlined in Chapter 679. The only other option is for the owner of the collateral to redeem it. Further, if the collateral is sold, the owner of the 20 — Independent Dealer —July 2015

collateral has the right to any surplus that may exist when the sale occurs, so the law requires that the collateral be sold in a commercially reasonable manner.

The method by which a secured party can accept collateral in full satisfaction of a debt, is set out in Section 679.620. This procedure is exceptionally useful to a dealership that wants to resell the vehicle on its lot. The exact procedure is listed in the statute, but keep in mind that it only applies in a consumer transaction where the customer has paid less than 60 percent of the cash price of the collateral. If it is a consumer transaction and the customer has paid more than 60 percent of the cash price, then the procedure outlined in Chapter 679.620 does not apply.

If the secured party does not wish to accept the collateral in full satisfaction of the owner’s obligation, or cannot do so as outlined above, then the other notice provisions of Chapter 679 become applicable. There are two statutes that contain the notice requirements for a post repossession sale. Sections 679.613 and 679.614 offer details on what must be in the notice and how it must be sent.

Section 679.613 is titled “Contents and form of notification before

disposition of collateral; general”, while Section 679.614 is labeled “Contents and form of notification before disposition of collateral; consumer-goods transaction”. Both statutes must be reviewed in order to insure that a secured party’s notice is complete under Florida law because Section 679.614 incorporates part of the requirements of Section 679.613 by reference.

An increasing number of suits are being filed relating to the failure of a notice to contain all of the information required by these statutes. In some instances secured parties have been using forms that they have acquired from other companies with the mistaken belief that they were compliant. These suits should not be happening because Section 679.614 contains a sample form for the notice. In fact, the statute expressly states that the form of notification offered by the statute, when completed, provides sufficient information to comply with the notice requirements.

As a result, the statute offers a “get out of jail free card” of sorts to secured parties. It is not very often that the legislature creates a set of rules and then offers the exact language that if used, complies with the rules. In this instance there is a form that allows the secured party to proceed without fear of liability. I would strongly urge all secured parties to simply adopt the form offered by the statute, regardless of how they came into possession of the current form that is being used.

Rob Sickles is the FIADA’s outside general counsel. As a member, you may reach him with legal questions by calling the FIADA office at (800) 237-0448.

www.fiada.com

EXTENDED ARBITRATION Now through July 31, 2015

When you purchase eligible inventory on ADESA DealerBlock and use CarsArrive Network to transport, your arbitration window will be extended to 48 hours after vehicle delivery. è Eligible inventory includes off-lease, rental, dealer, fleet and repo vehicles posted in the open sale from an offsite location.

Moving inventory the smart way: 1.7M cars transported each year...and growing! è Select CarsArrive for transportation at time of sale.

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Extended arbitration applies to eligible vehicles purchased on DealerBlock and transported by CarsArrive Network: Buyer has 48 hours from the delivery date on bill of lading to arbitrate. Type 1 transport only; buyer must select CarsArrive at time of sale. Transaction must be paid within three (3) days of sale; sale date equals zero. Offer applies to offsite vehicles only; ADESA “at auction” units are not included. Valid through July 31, 2015.

July 2015 — Independent Dealer — 21

L E G I S L AT I V E U P D AT E

Curbstoning Enforcement Gets More Bite Despite an non-routine legislative session, FIADA supported curbstoning enforcement verbiage was passed and in effect.

T

his was not an ordinary session for the 2015 Legislature, effectively ending three days early when the House declared a suprising “sine die” and went home, leaving a lot of work undone. The tension in Tallahassee was thick, as Senate Democrats asked the Supreme Court to compel the House to return, claiming their actions violated the Florida Constitution. The Court agreed on principle, but said there was little that could be done about it, as the session was set to end on the day of its ruling, regardless.

In June, the Governor approved HB 7055. Contained within this bill is the penalty increase for curbstoning which will take effect October 1. At that time, the fine for curbstoning violations will increase to

FIADA

POLITICAL ACTION COMMITTEE

Thank you to everyone for your support, and a big thank you to the FIADA Lobbyist Team Sandy Mortham and Allen Mortham, as well as FIADA members Jim Winterick, Paul Matton and Legislative Committee Chair Dino Mercurio.

The 2015 legislative session is now officially over, but that doesn’t mean it’s time to sit back and rest. FIADA is already preparing for the 2016 legislative session which is slated to begin January 5, 2016. Do your part now and contribute to the FIADA PAC fund. For your convenience, a PAC donation form is at the bottom of this page, or you can make a donation online at www.FIADA.com.

SUPPORT THE FIADA PAC FUND! Your PAC Contribution helps spread awareness and gain support of issues affecting independent dealers in the state’s capitol.

CONTRIBUTION INFORMATION Contributor’s Name:________________________________________________________________________________ Dealership/Company:_______________________________________________________________________________ Street Address, City, State, Zip:___________________________________________________________________________ q

Check q

q

$500

Credit Card (one time contribution) q q

$250

PAYMENT INFORMATION Credit Card Information:

q

q

$100

Visa

q

q

Monthly Credit Card Contribution (until cancel)

$50

MasterCard

q q

$25

q

_________

American Express

q

Discover

Name on Card: Card number: Exp Date:

Sec. Code:

Billing Phone:

Billing Address Authorized Signature 22 — Independent Dealer —July 2015

www.fiada.com

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July 2015 — Independent Dealer — 23

Your FIADA membership now gives you premium perks in the FIADA Members Only Lane at these participating auctions!

FIADA MEMBERS ONLY LANE Manheim Jacksonville →

→ PREMIUM LANE PLACEMENT DISCOUNTED SELLER FEES ($50 flat fee off regardless of what you sell) → BETTER SELLER NUMBERS → NO SALE FEES

ADESA Tampa

Premium Lane Placement

Independent Dealers Only

Discounted Seller Fees

Special Seller Fees

($50 flat fee off regardless of what you sell)

Better Seller Numbers Manheim Jacksonville supports the members of FIADA!!

No Fee for Not Selling

We invite all FIADA members to take advantage of the new FIADA LANE program for FIADA members only. Manheim Jacksonville wants to thank all of the independent dealers who have supported Manheim over the years.

There are advantages to being a member!

Manheim Jacksonville supports the members

of FIADA and invites you to take advantage of Lane placement will be based on when the car arrives – the sooner it gets here the beVer the number!! the new FIADA LANE program for members only. Manheim Jacksonville wants to thank Contact a member of the Dealer Sales and Services team to start today!!

all of the independent dealers who have supported Toni Williams, General Manager, 386-­‐255-­‐2500, ext. 8893 Manheim over the years.

Gary Twelkemeier, Asst. General Manager, 904-­‐768-­‐9981 10817 New Kings Rd

Lane placement will be based on when the Jacksonville, FL 32219 car arrives–the sooner it arrives, the better the www.manheim.com/Jacksonville number. Contact a member of the Dealer Sales and Services team to start: Toni Williams, GM (386) 255-2500, ext 8893 Gary Twelkemeier, Asst. GM (904) 768-9981

FIADA Lane Starts July 9 and will be held every Thursday at 1pm.

24 — Independent Dealer —July 2015

Premium Lane Placement Bi-weekly since last November, the ADESA Tampa FIADA Lane has exciting benefits for FIADA dealers. Curt Farris, ADESA Tampa General Manager, started the sale as a way to thank the independent dealers who mean so much to the auction. Lane placement is based on when the car arrives–the sooner it gets there the better the number. With special low seller fees and no fee for not selling. ADESA Tampa wants to become THE independent sale in Florida.

Contact a member of the sales team at (813) 620-3600 for more information.

IT PAYS TO BE A MEMBER Find more member benefits online at www.FIADA.com

www.fiada.com

The Florida Department of Revenue is initiating a statewide audit campaign against Florida used car dealers, starting late summer 2014. The Department obtained DMV records of all used cars sold in Florida and is comparing these records against sales tax returns filed by used car dealers. Based on this information, the Department will estimate what taxable sales should have been for each used car dealer and initiate desk audits, full audits, and criminal investigations based on the level of estimated underreporting. These estimates can be erroneous and do not take into account financing charges, repossessions, sales to out of state residents, or other factors that can affect sales tax. Even worse, it only takes $301 of collected but not remitted sales tax to face felony charges and up to 5 years in jail under FL law.

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The Law Offices of Moffa, Gainor, & Sutton, PA concentrate in the area of Florida sales and use tax controversy and we are qualified to assist used car dealers in a defense against the Florida Department of Revenue. Whether you have underreporting, you’re not sure whether your company is ready for a sales tax audit, or you simply have questions about which FL DOR forms to file (e.g. Form DR-123), then please contact our law offices today for a FREE INITIAL CONSULTATION.

www.fiada.com

July 2015 — Independent Dealer — 25

LEGAL ROUND-UP

A Look At Current Legal Issues

BY THOMAS B. HUDSON AND NICOLE FRUSH MUNRO, HUDSON COOK, LLC

A monthly collection of selected legislative and regulatory highlights, and a recap of some of the many auto sale and financing lawsuits followed each month.

COMPLIANCE TIP Is your dealership located near a military base? Do you do business with servicemembers? If you do, do you have policies and procedures in place to assure that you are obeying the federal Servicemembers Civil Relief Act when you deal with servicemembers? And does your state have special legal protections for servicemembers that apply to your transactions? If you don’t have your compliance for these transactions down cold, pick up the phone, call the lawyer and get them in place. The CFPB has few things on its radar that it considers more important than protecting servicemembers.

FEDERAL DEVELOPMENTS Guaranteed to be Good Reading.

On May 22, the FTC announced that it completed its review of the interpretations, rules, and guides under the Magnuson-Moss Warranty Act and will keep them in their current form, with the exception of Part 700.10 of the interpretations. The revision clarifies that implied tying - warranty language that implies to a consumer that warranty coverage is conditioned on the use of select parts or service - is deceptive. Part 700.10 is also revised to state that, to the extent the MMWA’s service contract provisions apply to the insurance business, they are effective if they do not interfere with state laws regulating the business of insurance.

More Rules on the Way. On April 8, On May 22, the CFPB published a semi-annual update to its rulemaking agenda, which includes, among other things, initiatives concerning the proposed regulation of title lending, debt collection, and arbitration clauses 26 — Independent Dealer —July 2015

and a proposal to define “larger participants” in the auto financing market. The rulemaking agenda will be updated again in the fall.

LITIGATION Finance Company’s Lien on Car Not Avoidable in Bankruptcy Where Perfection Related Back to Date Title Application Was Executed: Buyers bought a car on February 14, 2014. The finance company mailed the title application to the Arizona Motor Vehicle Department on March 6. The department received the application on March 11 but did not process and endorse it until March 20. On May 8, the buyers filed a Chapter 7 bankruptcy petition. The Chapter 7 trustee sued the finance company to avoid its lien on the buyers’ car. The parties agreed that the trustee would be successful only if perfection occurred on March 20. The court granted the finance company’s summary judgment motion and denied the trustee’s summary judgment motion. The court noted that Arizona law was amended in 2013 to provide that if a title application is delivered to the DMV within 30 days after its execution, then perfection occurs as of the date of execution.

Because the DMV received the buyers’ title application within 30 days of its execution - even though it did not process and endorse the application until nine days later - perfection occurred on the date the application was executed, and the finance company’s lien was not avoidable. See In re Hyden, 2015 Bankr. LEXIS 1546 (Bankr. D. Ariz. April 28, 2015).

Car Owners Stated Claims Against Creditor that Repossessed and Sold Vehicle: A creditor repossessed and sold a car for nonpayment and then

sought payment of the deficiency.

The car owners filed a class action, claiming that the creditor violated the Maryland Credit Grantor Closed End Credit Provisions (“CLEC”) in connection with the repossession and sale. The creditor moved to dismiss the complaint, and the federal trial court granted the motion in part and denied it in part. After rejecting the owners’ claims regarding their failure to receive the creditor’s notice of intent to repossess, the court addressed the owners’ claim that although the creditor stated in its redemption notice that their car would be sold at public auction, the car was actually sold at a private sale, and the creditor failed to provide an accounting required by the CLEC for private sales. The court found that the owners adequately alleged a claim under the CLEC where they stated that the auctioneer used by the creditor advertises that its sales are private, dealer-only sales. Finally, the owners claimed that the creditor did not sell the car in a commercially reasonable manner, as required by the CLEC, because it sold the car in West Virginia, where there is a smaller population than where they live 380 miles away in Maryland, and for half or less than half of its value. The court found that the owners stated a claim that the low sales price and sale in an improper location constituted a commercially unreasonable sale.

See Wiley v. Regional Acceptance Corporation, 2015 U.S. Dist. LEXIS 59494 (D. Md. May 4, 2015).

Dealership Not Required to Give Adverse Action Notice to Consumer upon Unwinding of Spot Delivery for Failure to Provide Tax Returns: A woman went to a dealership to buy a car. She completed a financing www.fiada.com

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July 2015 — Independent Dealer — 27

28 — Independent Dealer —July 2015

www.fiada.com

Tom (thudson@hudco.com) and Nikki (nmunro@hudco.com) are partners in the law firm of Hudson Cook, LLC. (410) 865-5411 or www. counselorlibrary.com. www.fiada.com

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application, traded in her old vehicle, and paid a deposit for the new car.

The dealership let her take the new car home even though the financing application was still pending. More than a week later, the dealership allegedly informed her that it needed a particular tax form so that the finance company could obtain her tax returns.

She then learned that she had never filed the relevant returns. An employee at the dealership allegedly told her that without her returns, financing could be obtained only if her husband cosigned. She did not want to have her husband co-sign. She later returned the vehicle because the financing did not go through. About a week after that, the finance company sent her a letter informing her that it denied her application based in whole or in part on her credit report. The dealership returned her trade-in and refunded her deposit. The woman sued the dealership for violating the Fair Credit Reporting Act. The dealership moved for summary judgment. The federal trial court granted the motion. The woman alleged that the dealership violated the FCRA by failing to provide her with a notice of adverse action.

Section 1681m of the FCRA provides for civil liability for “any person [that] takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report,” if the person fails to give the consumer notice of the adverse action. The dealership argued that its decision to require the woman to return the car was based on her failure to file tax returns, not on her credit report, and, therefore, it was not required to provide an adverse action notice. The court agreed. The court also added that there is no private cause of action for a violation of Section 1681m. See Sterling v. Ourisman Chevrolet of Bowie, Inc., 2015 U.S. Dist. LEXIS 60531 (D. Md. May 8, 2015).

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Subscribe to Spot Delivery and, at no additional charge, we will send you a copy of your choice of any of our legal compliance books, CARLAW, CARLAW II Street Legal or CARLAW III Reloaded.

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FIADA is your number one source for advice and information. Technical questions, legal questions, regulatory questions...bring them on!

Our network of industry veterans, professionals and consultants can help you find the answers you are looking for. Call us anytime at (800) 237-0448 or access our online resources 24/7 at www.

FIADA.com.

July 2015 — Independent Dealer — 29

INDUSTRY NEWS NIADA Chooses Carfax For Certified Pre-owned Vehicles

The National Independent Automobile Dealers Association (NIADA) is expanding its long-standing partnership with Carfax to include the association’s Certified Pre-Owned (CPO) program. Now, NIADA CPO vehicles come with a Carfax Vehicle History Report provided free to buyers from subscribing dealers and are listed for sale on Carfax Used Car Listings.

“Our dealers have spoken loud and clear that they want Carfax for our Certified Pre-Owned program,” NIADA senior vice president of member services Scott Lilja said. “Carfax Reports add another level of confidence for buyers purchasing NIADA Certified vehicles. Plus, our dealers’ certified inventory gets in front of more ready-to-buy shoppers at carfax.com.

We’re thrilled to give our 16,000 dealer members a resource that is proven to help sell more cars faster.”

NIADA joins 38 manufacturer brands that use Carfax to build more consumer confidence in their certified cars.

Wherever consumers shop – online or at an independent dealership – they should look for the free Carfax Report on NIADA Certified vehicles.

“The demand for Certified Pre-Owned vehicles keeps growing every year,” said Bill Eager, vice president of the dealer business unit at Carfax. “Carfax and NIADA are helping connect independent dealers with more confident customers that want to buy certified vehicles. With Carfax Used Car Listings, Carfax Reports and myCarfax, dealers have the tools that make it fast and easy for people to find and care for NIADA Certified vehicles.”

Vehicles eligible for NIADA certification must pass a 125-point inspection and other requirements, including qualifying for the Carfax Buyback Guarantee. For more information about the NIADA CPO program, administered

Equifax Removes Minimums for NIADA Members

Equifax is offering new tools for members of the National Independent Automotive Dealership Association.

Buy here-pay here dealers who are NIADA members can report their consumer auto loans and payments to Equifax without having to pass traditional barriers such as holding a certain number of accounts. Previously, operators needed to have at least 500 active accounts to send this information.

“That’s a really big deal because we’re making it easier for the smaller dealers now,” Angelica Jeffreys, vice president and dealer leader for Equifax said in an article in BHPH Report. “We’re trying to encourage transparency in this segment of the dealer population, giving them the tools they need to be a better, more-customer friendly organization.”

Jeffreys also said reporting trade lines also encourages customers to make timely payments because their credit rating may be directly impacted by how they perform on their loan. Dealer reporting will also add trade lines to a consumer’s credit file to more accurately reflect their handling of debt, which may grant them even more opportunities to competitive terms based on their credit history.

NIADA Executive Vice President Steve Jordan supports the credit reporting availability. “Many of our members want to furnish their consumer auto loan portfolio to a credit bureau, however many are small business operators who do not understand the process and find it complex,” Jordan said.

Article Source: BHPH Report, A Publication of NABD and SubPrime Auto Finance News. www.autoremarketing.com

CFPB Releases Rule Defining ‘Larger Participant’ Non-Banks The Consumer Financial Protection Bureau released its final rule defining non-bank larger participants engaged in automotive financing. Under the proposed rule, the CFPB will have authority to supervise any nonbank entity that makes, acquires or refinances 10,000 loans or leases in a year. Petersen said the rule is virtually identical to the proposed rule the bureau released in September 2014, with a small modification to the category of transactions that would not be counted towards the threshold as an asset-backed security and a small change to the definition of refinancing for the purpose of the threshold. The definition of refinancing is the same as in Regulation Z, except for purposes of application of the 10,000 annual aggregate originations, the non-bank entity need not be the original creditor or holder or servicer of the original obligation.

The CFPB believes BHPH is a different business model than other forms of automotive finance. NIADA will continue to work with the CFPB as it pertains to the BHPH market. The new rule will take effect 60 days from the date it is published in the Federal Register, likely in late August. A copy of the rule is available at http://files.consumerfinance.gov/f/201506_cfpb_ defining-larger-participants-of-the-automobile-financing-market-and-defining-certain-automobile-leasing-activity-as-afinancial-product-or-service.pdf.

30 — Independent Dealer —July 2015

www.fiada.com

2014-2015 FIADA EXECUTIVE COMMITTEE:

JIM WINTERICK, SR. President Gulfstream Motor Credit Miami, FL (305) 253-2335

PAUL MATTON Senior Vice President Park Auto Mall Pinellas Park, FL (727) 639-1112

DINO MERCURIO Chairman of the Board Independent Credit, Inc. West Palm Beach, FL (561) 686-8673

LISA COMPAGNO Treasurer Palm Tree Auto Sales Stuart, FL (772) 288-2099

BRAD JOEL Secretary Splish Splash Auto Sales Princeton, FL 33032 (305) 258-1191

www.fiada.com

July 2015 — Independent Dealer — 31

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MANHEIM FLORIDA ALWAYS NEARBY.

Manheim Daytona Beach 1305 Indian Lake Road Daytona Beach, FL 32124 386.255.2500 Sale: Wed 3 PM Total Resource Auction every Wed 2:30 PM Manheim Fort Lauderdale 5353 S State Road 7 Davie, FL 33314 954.791.3520 Sale: Fri 9 AM Total Resource Auction Tue 9 AM Ford Open Sale every other Fri Manheim Fort Myers 2100 Rockfill Rd Fort Myers, FL 33916 239.476.9800 Sale: Wed 4 PM Total Resource Auction every other Wed 3 PM Specialty Sale last Wed monthly 2 PM Galloway Direct Off Site Sale 2nd & 4th Tues 12 PM Manheim Jacksonville 10817 New Kings Rd Jacksonville, FL 32219 904.768.9981 Sale: Thurs 1 PM Total Resource Auction every Thurs 12:40 PM Manheim Lakeland 8025 N State Road 33 Lakeland, FL 33809 863.984.1551 Sale: Wed 2 PM Specialty RV/Boat Sale 1st Wed monthly 9 AM

32 — Independent Dealer —July 2015

Manheim Orlando 11801 W Colonial Dr Ocoee, FL 34761 Sale: Tues 9 AM Highline Exotic Sale Kicks off every 4th Tues 11 AM with Mercedes & BMW Chrysler Closed Factory Sale bi-weekly on Mon 12:30 PM GM Closed Sales bi-weekly on Mon 1 PM Nissan Infiniti Closed Sale 1st Wed monthly 9 AM Manheim Palm Beach 600 Sansbury Way West Palm Beach, FL 33411 561.790.1200 Sale: Thursday 9 AM Exotic Highline Sale every 4th Wed 9:30 AM Manheim St Pete 14950 Roosevelt Blvd Clearwater, FL 33762 727.531.7717 Sale: Thurs Weekly 2:30 PM inops Regular Sale 3 PM Manheim Tampa 401 S 50th St Tampa, FL 33619 813.247.1666 Sale: Thursday 9 AM Total Resource Auction Mon 9:30 AM at Cone Road location Ford Factory Sale every other Wed 10 AM Manheim Caribbean 1050 Carretera 865 KM 4.7 Bo. Candelaria Toa Baja, PR 00949 787.261.7300 Sale: Thurs 12 PM Salvage Sale Thurs 11 AM

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Manheim Central Florida 9800 Bachman Rd Orlando, FL 32824 407.438.1000 Sale: Wed 9 AM Total Resource Auction Wed 8:30 AM “Manheim Imperial Nights” Sale Tues 4 PM Specialty Heavy Truck & Equipment Sale Second Thurs Monthly at 10 AM

www.fiada.com