FEBRUARY 2011
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CAR LINES
OFFICIAL VOICE OF THE INDEPENDENT CAR DEALER IN INDIANA
BHPH: CHOOSING YOUR FINANCING PATH LSO 2011 Legal Report A PLUS Three Keys to Building Trust
DALLAS, TEXAS Permit No. 2079
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DO YOU PROVIDE HEALTH INSURANCE FOR YOUR EMPLOYEES? The Internal Revenue Service has released final guidance for small employers eligible to claim the new small business health care tax credit for the 2010 tax year. The release
includes a one-page form and instructions small employers will use to claim the credit for the 2010 tax year. New Form 8941, Credit for Small Employer Health Insurance Premiums, and a newly revised Form 990-T are now available on IRS. gov. The IRS also posted on its website the instructions to Form 8941 and Notice 201082, both of which are designed to help small employers correctly figure and claim the credit. In general, the credit is available to small employers that pay at least half of the premiums for single health insurance coverage for their employees. It is specifically targeted to help small businesses and taxexempt organizations that primarily employ
Don’t miss this tax credit
moderate- and lower-income workers. Small businesses can claim the credit for 2010 through 2013 and for any two years after that. For tax years 2010 to 2013, the maximum credit is 35 percent of premiums paid by eligible small businesses and 25 percent of premiums paid by eligible taxexempt organizations. Beginning in 2014, the maximum tax credit will increase to 50 percent of premiums paid by eligible small business employers and 35 percent of premiums paid by eligible tax-exempt organizations. The maximum credit goes to smaller employers –– those with 10 or fewer fulltime equivalent (FTE) employees –– paying annual average wages of $25,000 or less. The credit is completely phased out for employers that have 25 or more FTEs or that pay average wages of $50,000 or more per year. Because the eligibility rules are based in part on the number of FTEs, not the number of employees,
employers that use part-time workers may qualify even if they employ more than 25 individuals. More information about the credit, including a step-by-step guide to claiming the credit and answers to frequently asked questions, is available on the Affordable Care Act page on IRS.gov.
vAuto Rolls Out Mobile App for Android vAuto revealed recently that dealers can now tap into the company’s used-vehicle management system through their Android mobile devices, giving them another avenue to access the company’s services while on the go. “We are excited to offer our dealers the vAuto mobile app for the Android platform,” says Keith Jezek, vAuto’s president. “This innovation allows dealers to have vAuto in the palm of their hands for accessing real-time market information,” he continued. “vAuto’s live market appraisal and stocking modules are available on the app for making strategic decisions from any location.” Sharing some of the vAuto’s mobile application’s features, it offers third-party guidebooks, auction values and vAuto’s exclusive rBook. Explaining how the latter function works, officials noted that the rBook allows dealers to determine how identically equipped models are priced in their respective markets. Moreover, other features of the mobile app are vAuto’s heat sheet and buy list, which can help dealers figure out and find which models are selling strong in their areas. Officials said that for vAuto customers, there is no extra monthly fee to tap into the mobile app. The application can be utilized on Android 2.1 or higher operating systems. Included in the app is the new advanced barcode vehicle identification number capture. Users with Android devices that have auto focus cameras can utilize this function to automatically decode a barcode VIN and upload it to vAuto. It can be downloaded from the Android market. vAuto’s mobile app is already available via the Apple iPhone and iPod Touch devices. 3
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INSIDE MAGAZINECONTENTS
BOARD OF DIRECTORS
6 2011 Legal Report 8 BHPH: Choosing Your Financing Path 15 Three Keys to Building Trust 16 IIADA Membership Application 17 IIADA Membership Benefits
NIADA/Manheim Community Service Award
Manheim, the world’s largest provider of vehicle remarketing services, cares about its employees, the environment and the communities it serves. From fund raising drives to tutoring kids after school to supporting long-term conservation efforts, Manheim and its employees are dedicated to giving back to their communities and knows independent vehicle dealerships across the country share in this commitment. For the first time this year, Manheim is recognizing and honoring those dealerships by awarding the 2011 National Manheim Community Service Award at the 65th NIADA Annual Convention and Expo. For information on how to nominate and to obtain more in-depth information, please contact Georgia Brown, NIADA director of education, at 817-640-3838.
ADVERTISERSINDEX ADESA............................................................ 11 AutoTrader.com ..................................Back Cover Dyer Auto Auction .............................................3 Indiana Auto Auction . .....................................15 Kesler-Schaefer Auto Auction..............................9 Lohman Companies ................. Inside Back Cover Manheim.com ......................... Inside Front Cover Manheim Indianapolis .....................................13 SmartAuction ....................................................5 United Acceptance ............................................8 Western General / Protective..............................7
IIADA EXECUTIVE DIRECTOR Debbie Andersen P.O. Box 1393 Crown Point, IN 46308 Phone: (800) 310-3112 Fax: (219) 663-5294 iiada@comcast.net BOARD OF DIRECTORS Dave Allen President Manheim Indianapolis 3110 S Post Road Indianapolis, IN 46239 Phone: (317) 862-8622 Fax: (317) 862-8623 david.allen@manheim.com Fritz Kreutzinger VICE PRESIDENT Fritz Associates P.O. Box 168 Fishers, IN 46038 Phone: (317) 842-2228 Fax: (317) 842-7903 fritzauto@aol.com Tricia Trent SECRETARY Trent Auto Sales 1327 N 6th Street Vincennes, IN 47591 Phone: (812) 882-3772 Fax: (812) 882-1986 ttrent01@yahoo.com Bruce Norton TREASURER Drive1USA 1512 W 96th Avenue, Suite C Crown Point, IN 46307 Phone: (219) 661-1000 Fax: (219) 661-2950 bnorton@drive1usa.com
NIADA HEADQUARTERS: 2521 BROWN BLVD. • ARLINGTON, TX 76006-5203 PHONE (817) 640-3838 FOR ADVERTISING INFORMATION CONTACT: TROY GRAFF (800) 682-3837 OR TROY@NIADA.COM.
STATE MAGAZINE MGR./SALES Troy Graff • troy@niada.com EDITOR Mike Harbour • mharbour@niada.com PRODUCTION MGR. Jacob Kerns • jacob@niada.com ART/PRODUCTION MGR. Christy Haynes • christy@niada.com PRINTING Nieman Printing
DON’T FORGET TO VISIT OUR WEBSITE FOR IMPORTANT INFO:WWW.IIADA.COM
Harold Drees H.T.D., Inc. 200 E Main Street Thorntown, IN 46071 Phone: (317) 402-2312 Fax: (765) 436-7222 htdinc@msn.com
Kim Graham Kim Graham, Inc. 1648 A US 31 S Greenwood, IN 46143 Phone: (317) 888-0100 Fax: (317) 888-8900 vehicles@kimgraham.com
Tony Del Real Del Real Auto Sales 3857 State Road 38 E Lafayette, IN 47905 Phone: (765) 446-9204 Fax: (765) 446-9143 tdelreal@delrealauto.com
Ed White White’s Auto Sales 1105 McKinley Avenue Rensselaer, IN 47978 Phone: (219) 866-7553 Fax: (219) 866-7256 ewas@netnitco.net
John Stumpf Wolfe’s South Bend Auto Auction 25784 Western Ave. South Bend, IN 46619 Phone: (574) 289-7767 Fax: (574) 288-2731
Dave Roesch Clay County AMC 123-104 Acadia Indian Head Park, IL 60525 Phone: (812) 446-0037 Fax: (708) 246-9783 davidroesch100@yahoo.com
Doug Alvey First Class Auto Sales, Inc 695 W 900S Hebron, IN 46341 Phone: (219) 996-2600 Fax: (219) 531-4628 talvey65@yahoo.com
Tony Houk Kesler-Schaefer Auto Auction, Inc. 5333 W. 46h Street Indianapolis, IN 46253 Phone: (317) 297-2300 (800) 959-5722 skesler@ksaa1.com
Sharon Brennan Fritz in Fishers 8599 E 116th Street Fishers, IN 46038 Phone: (317) 842-2228 Fax: (317) 842-7903 sharonb@fritzinfishers.com
Tyler Trent Trent Auto Sales 1327 N 6th Street Vincennes, IN 47591 Phone: (812) 882-3772 Fax: (812) 882-1986 ttrent01@yahoo.com
Andrew J. Inabnitt Approval Auto Credit Inc. 9825 Huggin Hollow Rd. Martinsville, IN 46151 Phone: (317) 422-8001 Fax: (317) 422-8020
Ronald P. Povinelli Sr. Circle City Enterprises Inc. 5555 Southeastern Ave. Indianapolis, IN 46203 (317) 351-8970 ccerpp@yahoo.com
NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION WWW.NIADA.COM • WWW.NIADA.TV
CAR LINES IS PUBLISHED 10 TIMES PER YEAR BY THE NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION SERVICES CORPORATION, 2521 BROWN BLVD., ARLINGTON, TX 76006-5203; PHONE 817-6403838. PERIODICALS POSTAGE PAID AT DALLAS, TX AND AT ADDITIONAL OFFICES. POSTMASTER: SEND ADDRESS CHANGES TO NIADA STATE PUBLICATIONS, 2521 BROWN BLVD., ARLINGTON, TX 6006-5203. THE STATEMENTS AND OPINIONS EXPRESSED HEREIN ARE THOSE OF THE INDIVIDUAL AUTHORS AND DO NOT NECESSARILY REPRESENT THE VIEWS OF CAR LINES OR THE NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION. LIKEWISE, THE APPEARANCE OF ADVERTISERS, OR THEIR IDENTIFICATION AS MEMBERS OF NIADA , DOES NOT CONSTITUTE AN ENDORSEMENT OF THE PRODUCTS OR SERVICES FEATURED. COPYRIGHT © 2011 BY NIADA SERVICES, INC.
Jennifer Cotton Dyer Auto Auction P.O. Box 115 Dyer, IN 46113-0115 Phone: (219) 865-2361 Fax: (219) 322-1761 bcotton@dyerauction.com
CMD Classes Dealers who demonstrate commitment and support the principles and ethical business standards of the CMD® designation complete a four-day seminar that addresses Business Management, Merchandising, Financial Management, Human Resources, and Business Planning. Northwood University provides the instructor and awards four Continuing Education units for this course. The next class will be March 10-12 at the SuperMedia Hotel and Conference Center at DFW. Visit niada.com for more information.
THE NEXT CLASS WILL BE MARCH 10-12
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2011 LEGAL REPORT By Tom Hudson and Nikki Munro
If you have your new privacy forms in place, have instituted a risk-based pricing policy (or you’ve determined you don’t need one) and are ready to have the FTC start its often-delayed enforcement of the Red Flags Rule by knocking on your door, you can quit reading this. If not, keep reading. All of
these went into effect Jan. 1. Your privacy policy forms (those you’ve been giving to your customers – you have been providing them with privacy forms, right?)
you sell your retail installment contracts to have programs that charge different rates based on credit reports, even if your dealership’s participation in the rate doesn’t vary. There’s a lot of bad information circulating to the effect that dealers can look to their finance sources for a compliance solution for this one. That’s not true – the responsibility for compliance falls squarely on the dealer when the dealer is engaging in retail installment sales transactions. The rule is long and complicated, and would be hard for most dealers to comply
the rule has been delayed, but it ended Dec. 31, so if you aren’t ready to do a show-and-tell with the FTC regarding your written Red Flags policy, it’s time to get cranking. And, finally, there’s an item you don’t have to do, but may consider anyway. The Federal Reserve Board has proposed amending Regulation Z disclosure requirements dealing with credit insurance, debt cancellation products and debt deferral products in ways that likely will require dealers to completely redo their credit contracts and the programming
with, but there’s good news. A dealer can avoid the application of the rule by taking advantage of a handy exception, which requires handing each consumer credit applicant a Credit Score Disclosure notice that meets the requirements of the rule. The good news is that the bureaus and some of the DMS and other platform providers can generate these notices for you. Even so, you’ll want to confirm your obligations with your lawyer. If you don’t have a Red Flags program in place, give yourself a gold star for procrastination – you are a couple of years past due on that one. If you’re one of those folks who don’t read too carefully, you might think from reading this and other publications that the Red Flags Rule has been delayed several times. If you had read more carefully, you’d see the rule has not been delayed, but rather the FTC’s enforcement of
used to complete those contracts. It’s also likely to kill any revenue you might get from selling these products.
IF YOU DON’T HAVE A RED FLAGS PROGRAM IN PLACE, GIVE YOURSELF A GOLD STAR FOR PROCRASTINATION – YOU ARE A COUPLE OF YEARS PAST DUE ON THAT ONE. If you had read more carefully, you’d see the rule has not been delayed, but rather the FTC’s enforcement of the rule has been delayed, but it ended Dec. 31, so if you aren’t ready to do a show-and-tell with the FTC regarding your written Red Flags policy, it’s time to get cranking.
needed to be reworked by 2011. The feds have issued model forms, and you need to use those model forms to create your own forms. While your old forms won’t necessarily be illegal, using the model forms provides a dealer with a safe harbor from liability, as long as those forms accurately reflect the dealer’s practices. Any time the feds give you a liability safe harbor, you ought to take it. Your forms providers may have forms available, but they won’t be able to tell you how to complete them. It pains us to say so, but you’ll probably need some legal help getting the job done. The Risk-Based Pricing Rules also swung into place on Jan. 1. If you pull credit reports and charge different customers different rates based on their credit reports, you are engaged in risk-based pricing. You’re also engaged in riskbased pricing if banks and finance companies
Tom (thudson@hudco.com) and Nikki (nmunro@ hudco.com) are partners in the law firm of Hudson Cook, LLC. Tom is the author of several books, are available at www.counselorlibrary. com. Tom is also the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers, and the editor in chief of CARLAW®, a monthly report of legal developments in all states for the auto finance and leasing industry (not to be confused with the book). Nikki is a contributing author to the F&I Legal Desk Book and frequently writes for Spot Delivery. Spot Delivery, CARLAW and the books are produced by CounselorLibrary. com LLC. For information, call 410-865-5411 or visit www.counselorlibrary.com. Copyright CounselorLibrary.com 2011, all rights reserved. Single publication rights only, to the Association. (9/10). HC# 4818-9454-3112.
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BHPH
CHOOSING YOUR FINANCING PATH The struggling economy, a troubled housing market and skyrocketing car and truck prices were all factors in Daryl Spear’s decision to offer Buy Here-Pay Here (BHPH) at his new dealership.
His base clientele was the working poor. They had low-wage jobs and damaged credit histories, but they needed cars and wanted reliable, pre-owned General Motors vehicles to transport them to their jobs safely without breaking their families’ already-tight budgets with high repair bills. Spear’s Auto Sales moved to a larger location in 2009 and there are a few Toyota, Honda, Saab and Subaru vehicles sold alongside GMs these days, but the Spokane Valley, Wash., dealership’s business model and philosophy remains largely unchanged nearly 28 years later.
“When people are down with economic woes, it’s great to be able to give them the chance to start over with us and build back their finances,” said Courtney Spear, Daryl’s daughter, who took the reins as the dealership’s president in 2004 when her father retired. “People just want a chance, and they can be very loyal customers if you put trust in them.” The dealership has second- and thirdgeneration return customers to prove the late Spear’s business decision successful. But establishing BHPH operations and making them work in the long-term require much more, said his daughter and other BHPH veterans. Build a well-planned cash forecast to provide an understanding of how much money you’ll need during the first 24 to 36 months to operate a business that often caters to frazzled single moms, overworked factory workers
By Stephanie Patrick
and tired waitresses all struggling to afford reliable transportation, said Chris Leedom, founder and president of The Leedom Group, a Sarasota, Fla.-based consultancy specializing in pre-owned car sales, special finance and BHPH. “The single-biggest mistake that somebody makes is they say, especially if they are already a dealer, ‘How complicated can this be? I’m selling cars,’” said Leedom, who owns several BHPH dealerships. “Even in 25 months to three years, a dealership can consume as much as $1 million in cash. “A lot of people miscalculate how much cash it’s going to take them as a dealer.” Leedom said both those entering BHPH for the first time in 2011 and BHPH veterans must maintain Excel spreadsheets monthly. That way, they understand the cash demands of BHPH and effectively can develop cash
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“THE SINGLE-BIGGEST MISTAKE THAT SOMEBODY MAKES IS THEY SAY, ESPECIALLY IF THEY ARE ALREADY A DEALER, ‘HOW COMPLICATED CAN THIS BE? I’M SELLING CARS,’” SAID LEEDOM, WHO OWNS SEVERAL BHPH DEALERSHIPS. “EVEN IN 25 MONTHS TO THREE YEARS, A DEALERSHIP CAN CONSUME AS MUCH AS $1 MILLION IN CASH.
forecasts and their own business models. Leedom’s firm counsels about 150 new dealers and non-dealers each year, ranging from cardiologists to certified public accountants, since 1995. “We typically tell them that if they don’t have readily available at least $500,000 or $750,000 of working capital, and they can’t see in the first 12 months of operation where they have that at their availability not where they can go out and borrow it--- they are probably going down the wrong path,” he said. “You might call that the price of admission. If you don’t have $750,000, which is pretty much the price of admission on a new start up, you’re probably pursuing the wrong business opportunity.” Leedom said existing dealers should set aside $250,000-$500,000. Even automotive industry veterans often fail to factor financial realities in BHPH situations,
he said. In an average BHPH scenario, the customer may pay $500-$1,000 down, but that doesn’t cover costs associated with reconditioning the vehicle or taxes; so, the real cost is likely more than $3,000 per vehicle. With the typical BHPH customer paying about $300 per month loan payments, if paying as agreed, it takes nearly a year to recoup costs. Multiply that by 25 units, and it’s nearly $1 million not including overhead costs of running any store. The flipside is BHPH helps dealerships in slow sales months because they can expect previous customers’ loan payments each month. And as long as dealers are cognizant of the cash considerations, Leedom said BHPHonly models are easier for new dealerships to adopt when the store is opened. “The advantage is now all of your inventory, all of your marketing and your entire business
effort, is narrowly focused on one type of business,” he said. “You are strictly trying to attract customers (who really) need financing for vehicles, and you can craft your marketing that way. “Where it becomes difficult is if you are trying to become all things to all people. It can be challenging to attract the Buy Here-Pay Here customer who requires financing and the same time try to sell me a 2-year-old Chevy Tahoe for $22,000...you are probably not going to be able to carry that type inventory. “There are two completely different marketing paths there.” Ken’s Kars, which opened in Dayton, Ohio, in the 1940s, offers pre-owned vehicles that range from $2,000 Chevy Cavaliers to $30,000 Chevy Tahoes. But, third-generation owner Ken Smiley said the dealership is moving away from its long tradition of offering BHPH-only loans.
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“IF YOU ARE, PROPER SCREENING OF THE CUSTOMERS IS MOST IMPORTANT BECAUSE PEOPLE’S CREDIT SITUATIONS ARE SO BAD; IT’S A GREAT TIME TO FIND CUSTOMERS BUT IF THEY CAN BREATHE, THEY CAN GET FINANCED. Smiley said most cars are too expensive to finance via BHPH these days, and the Cash for Clunkers program now has too many new car dealers keeping more of their used vehicles and purchasing additional used units at auctions. Ken’s Kars sells 15-20 vehicles each month under BHPH with 18-month terms, compared to about 60 vehicles per month five years ago. “Typically, I try to only BHPH finance cars under $9,000,” he said. “I also stick with American cars, such as the smaller SUVs, Bonnevilles and Chevy Impalas because they last longer and they don’t break down as often. “Most of the Buy Here-Pay Here that goes bad is because the car breaks down. If the car breaks down, the customer just gives it back; (the customer) doesn’t have any remorse because they are going to run across town and buy something from someone else.” The dealership’s revenue was good when offering more BHPH, but losses mounted when the housing market started to fall apart a few years ago. The vehicle repossession rate reached 20 percent, but now it’s down to 2 percent or less because Smiley chooses his loan recipients more carefully and sends others to subprime lenders. “My best advice is not to do Buy Here-Pay Here right now,” he said. “If you are, proper screening of the customers is most important because people’s credit situations are so bad; it’s a great time to find customers but if they can breathe, they can get financed. “I have people with multiple bankruptcies that I can get financed through subprime companies. To me, it seems crazy to put your money out (with BHPH loans) when you can make good profits through a subprime company.” There’s still a need for financing, but some people asking for BHPH now have gotten to the point where they haven’t paid any bills, he said. In addition, gone are the days when a 600 or higher credit score is needed. “Now, you are looking at 450s and you’re getting them financed through the banks,” Smiley said. He and Leedom said customers have grown to expect “more cars” for their money, a trend
that has most BHPH dealers increasing the average cash value of the vehicles on their lots. Loans for BHPH are typically between $5,000 and $10,000, and Smiley is increasing the quality and average price of his vehicles to compete with new car dealers in his area. “There’s huge profit in (BHPH), but banks are realizing that, too,” Smiley said. “If they can get somebody with a couple credit dings, they are going to jump all over them at 25 percent interest; that’s what they are doing.” He recently sold a car to a woman with a 490 credit score, who was bank-approved for a $15,000-$16,000 car. “I don’t want to lend her a $15,000 car,” Smiley said. “You have to get the money collected, and it takes you forever to get it collected.” Casey Skapik, Smiley’s cousin, understands the frustration. While he runs Keowee Auto Sales in Dayton as a more traditional BHPH operation, the former banker considers preowned car sales to be more finance-oriented than sales-oriented. Increased government regulations and the shortage of affordable cars to sell have him considering offering service contracts and insurance products to generate more revenue in 2011. The 65-year old, family owned dealership sells 15-20 cars a month, and the average price is about $7,000. “I could sell three times more cars than I do, but I would have 10 times more headaches,” Skapik said. “I tend to be more selective who I will sell to.” He said dealers need to look for signs of financial stability, such as steady jobs and stable housing or rental histories. Skapik requires BHPH customers to provide, on average, a 22-percent down payment and offers 30-month terms. “There are a lot of people who come in with $400 or $500 for a down payment but if you let them drive away, you’ll have that car back in a few months because they can’t afford it,” he said. “And they aren’t as committed to the car because they only had $400-$500 invested in it, where my average customer has $1,200$1,400 in it; they are going to be more attentive
to making the payments.” Keowee’s repossession rate is about 10 percent. Meanwhile, the dealership has a large number of return customers who purchase 1997-2004 vehicles such as Buick Park Avenues and LeSabres, Chevy Impalas, Tahoes and Suburbans, as well Dodge Durangos. Each dealer also develops a few unwritten rules to protect the dealership’s best interest. Smiley avoids BHPH loans to the younger crowd and home health nurses, whose jobs often have them traveling to new communities and make them more difficult to track. Leedom’s Florida dealerships opt not to loan to anyone without a Florida driver’s license because that state’s population is so transient. “Generally, you need to avoid people who are in your area less than six months or a year,” Leedom said. “They are the ones most likely to leave.” In addition, a BHPH dealer must be flexible, said Spear, whose dealership also began dabbling in non-BHPH finance options a few months ago. Even well-intentioned customers have financial disasters affect their abilities to pay their loans, and each late-paying situation should be handled with respect and consideration. “Our business is tough right now in general, but so is everyone else’s business,” she said. “We have to remember that because our buy here pay here customers really do need us.” The dealership has about 60 cars on its lot at any time and records about five repossessions in a month, and customers can get them back if they pay their accounts. The repossession rate decreased steadily as the dealership increased the value of its vehicles, selling them for $5000-$14,000. Spear still wants to sell less expensive cars, those in the $3,999-$5,000 range without salvage titles, because there’s customer demand. However, like the many other dealers nationwide, she can’t find enough now. “You can’t just go after the quick buck,” she said. “If you get into car sales, it’s because you like people; if you get into Buy Here-Pay Here, it’s because you care about people.”
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IIADA ASSOCIATE MEMBERS
The following businesses provide quality products and services to the automotive industry:
Affordable Computer Systems Ivan Dale www.acsds.com acsi@digicove.com 800-488-9992
Ashton Agency, Inc. Bond Dept. Cheri White 4100 Metric Drive, Suite 100 Winter Park, FL 32792 katiesaft@ashtonagency.com 800-545-4600 407-678-2468 (fax)
Guardian Warranty Co.
Carmie Fruits, Indiana Representative cfruits@guardian-warranty.com 317-374-6271 Sales Support P. O. Box 68 Avoca, PA 18641-0068 800-482-7357, ext. 767
Hoosier Business & Family Insurance Mike Lee and Monte Schneider montestar@sbcglobal.net 877-826-0079
Keystone Insurers Group
Assurant Solutions, Inc.
For All Your Insurance Needs Melanie Carr mcarr@keystoneinsgrp.com 888-892-5860
Todd Calhoun todd.calhoun@assurant.com 317-250-1287
Auction Access
Lincolnway Insurance Services Dealer Bonds & Garage Keepers
Robinson Adams Insurance Dealer Bonds Tom Adams Debbie Thompson 800-239-1327
Automotive Capital Resources, LLC Aron Epstein automotivecapitalresources.com 877-228-8685
Auto Services Co., Inc. Susan Williams Clayton Morgan 800-442-7116
Gregg St. Germain 140 E. Lincoln Hwy. Schererville, IN 46375 st5some@aol.com 219-865-2225
Cars.com
Plante & Moran, PLLC
175 W. Jackson Blvd., 8th Floor Chicago, IL 60604 dealers.cars.com 800-298-1460
CAR Financial Services, Inc. Thomas Lloyd www.carfinancial.com thomas.lloyd@carfinancial.com 859-630-2606
Central State of Omaha
Gary White, Indiana Regional Manager gwhite@cso.com 800-826-6587, ext. 3523 317-289-1369
Certified Public Accountants Auto Dealership Industry Group Jim Egan jim.egan@plantemoran.com www.plantemoran.com 248-223-3257
Preferred Warranties, Inc. Gregg Reidenbach 260-341-6675 Guy Loeffler 313-283-0114 info@warrantys.com 800-548-1121
Scott Insurance Group
Don Williams and Mike Smith 317-523-4273
Garage, Bonds, Health John Scott john@scottinsurancegroup.com 317-445-5555
CN Design & Marketing
Sentry Insurance
Chase Custom Finance
Todd Rimer 2701 Enterprise Drive, Suite 113 Anderson, IN 46013 todd@cndesing-marketing.com 765-356-4650
Donn Wray Attorney at Law Stewart & Irwin, P.C. 251 E. Ohio St., Suite 100 Indianapolis, IN 46204 dwray@silegal.com 317-639-5454
Randy Dombrowski
randy.dombrowski@sentry.com 715-346-7272 Mike Donovan mike.donovan@sentry.com 615-210-6344
Shirer Insurance Services Auto Owners-Dealer Bonds
ETA Consulting, LLC
Floor Plans, Sub-prime financing, VSC, GAP Bill Ecklor www.etaconsultingonline.com 260-415-9119
Credit Cards, Check Warranty, ATM
Michael Frazer www.frazercomputing.com 888-963-5369
Keystone Insurers Group
Auto Services Co. Inc.
Reliable Auto Finance*
Curtis Sandefer Morgantown
Melanie Carr Northumberland
Clayton Morgan
Dyer Auto Auction
Brian Chisholm Grand Rapids
Buzz Cotton Dyer
Thank you for your memberships in Indiana’s trade association for
INDEPENDENT DEALERS
www.nac-loans.com Bonnie Herden 773-777-7600, ext. 1295
Jude Tuma Michael Roe 1081 Hanover St. Wilkes Barre, PA 18706 www.pennwarranty.com michael.roe@pennwarrantycorp.com 800-356-9441
Frazer Computing, Inc.
GMG Motors
Nationwide Acceptance Sub-Prime Financing
Tim Briggs 4000 W. Lincoln Hwy. Merrillville, IN 46410 tbriggs@briggsagency.com 219-769-4840
Juergen Hinz www.firstdata.com juergen.hinz@firstdata.com 260-489-3496
These members have joined* or renewed their membership since our last issue of Car Lines:
Penn Warranty Corp.
Briggs Insurance Agency
First Data/EMPS
IIADA RECOGNIZES THE FOLLOWING MEMBERS
400 N. Main St. Crown Point, IN 46307 Troy and Mari Shirer shirer@ameritech.net 219-663-7274
Smart Auction
Jeff Kubicki www.smartauction.biz jeffrey.kubicki@smartauction.biz 812-455-7967
Vehicle Acceptance Corp. Ted Martin 317-844-2599
Zurich Insurance Co. 800-728-6049
IIADA Associate Membership is available to automotive related businesses. Please call 800-310-3112 for further information on Associate Memberships or see our Associate Membership Application on page 16.
Mark Your Calendars for 2011 National Tire Safety Week! RMA’s tenth annual National Tire Safety Week will be held June 5-11.
The annual event is an initiative of the RMA’s “Be Tire Smart – Play Your PART” program, a year-round effort designed to help drivers learn the simple steps they can take to ensure that their tires are in good working condition. RMA is the national trade association for tire manufacturers. Tire manufacturers and retailers nationwide will work to educate motorists about proper tire care and maintenance. RMA provides tire retailers, auto dealers and automotive repair shops with free “Be Tire Smart” brochures and other materials. Many participating retail outlets use the opportunity to promote tire care through advertising, promotions, free tire pressure checks and conducting media outreach. More than 22,000 tire and auto service outlets participated in the 2010 National Tire Safety Week. RMA released a survey of more than 5,400 vehicles that showed half with at least one under inflated tire. Nearly 20 percent of vehicles had at least one tire under inflated by 8 pounds per square inch (psi). Under inflated tires waste fuel, risk safety and cause tires to wear out faster. Tire and auto retailers who are interested in obtaining free RMA materials for National Tire Safety Week can order them online at www.betiresmart.org. Those who have participated in the event before can expect to receive materials again this year.
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Federal Advocates December 2010 Lobbying Report FEDERAL ADVOCATES IS NIADA’S GOVERNMENTAL ADVOCACY PARTNER. To read past lobbying reports, visit www niada.com/legislative_and_legal.php
Dodd-Frank Wall Street Reform and Consumer Protection Act
Congress ended with the Federal Trade Commission beginning in earnest to review the auto industry in the light of the above consumer enacted law. Last Nov. 17, NIADA General Counsel Keith Whann and Federal Advocates met with senior staff of the FTC as a follow-up to the Sept. 21 meeting. A series of questions had been provided to NIADA for discussion in November. At the meeting, Keith walked them through the process of buying a car and provided samples of purchasing documents. The FTC is in the process of formulating questions for public comment regarding various aspects of the auto industry as it relates to consumers. FTC staff was not forthcoming as to the timing of that effort, its scope and its intended purpose. The results of the latest meeting were reported to NIADA’s Legislative Committee by conference call on Nov. 23. Also, on Sept. 21, Whann and Federal Advocates met with FTC staff regarding implementation of the above Bill and its impact on the auto industry. Following discussion of various issues, with Whann leading the discussion and answering various questions as to how the auto industry works, including the auction practice itself, it was decided to schedule a half day session to allow for a more detailed discussion of issues (i.e., the Nov. 17 session). All of this is a result of the so-called Wall Street Reform Bill. As reported previously, the new law exempts some auto dealers from increased oversight with respect to dealer-assisted financing. The law does grant increased powers to the FTC regarding dealer oversight. Also, it requires coordination with the Department of Defense to ensure service members and their families are treated fairly by automobile dealers.
liability exposure for dealers while increasing the safety risk for consumers by pushing unremedied vehicles into the unregulated private sale used car market. While an initial victory, we will continue to advocate on behalf of NIADA’s interest pending further action on the Senate bill as well as a possible House companion bill.
Small Business Jobs and Credit Act of 2010
The Obama administration has delayed implementation of the above bill until March. On Sept. 23, the House passed the Senatepassed bill, which includes an increase in the amount the Small Business Administration’s Dealer Floor Plan Financing program can guarantee. This permits the SBA to guarantee bank and finance company loans up to $5 million, which should help, the committee believes, expand dealer access to floorplan lines of credit. We worked with Louisiana Democrat Sen. Mary Landrieu’s committee and personal staff, in conjunction with others, on this. The bill may be the subject of subsequent meetings with the Hill and the SBA on how the program really works.
White House Reform Request
On Sept. 23 and Sept. 29, Federal Advocates was contacted by the White House, which is still trying to organize and schedule a meeting to include “people who are working to setup the CFPB.” This meeting is in response to a letter sent by NIADA to President Obama requesting “the opportunity to work with you to reform our industry in common-sense ways that achieve real safeguards for consumers, that promote accountability and transparency, and that work.”
Department of Defense
Regarding the issue of “how to ensure that service members and their families are treated fairly by automobile dealers,” Whann and Federal Advocates also met on Sept. 21 with the Defense Department’s Frank Emery in the Office of Personal Finance, Family Policy Outreach Directorate. Whann relayed a specific example of how he helped a service member at Fort Bragg with an automobile situation, working with the JAG and others. He also talked about his plan for a special program to teach dealers on how to deal fairly with service members and their families. DOD continues to remain interested in looking for opportunities where Whann could lend his expertise.
Senate Motor Vehicle Safety Act of 2010
Congress ended with no formal action on this bill. To review, on June 9, the Senate Committee on Commerce, Science and Transportation marked up and order reported S.3302, the so-called Toyota Bill. In earlier drafts of the bill and just prior to markup, language was included (section 310) which would have specified a dealer may not sell or lease a used passenger motor vehicle (both wholesale and retail sales) until the dealer first notifies the purchaser or lessee in writing of any recall notices. Working primarily with Sen. John Thune, RS.D., his staff (Brenden Plack), and committee staff (Alex Hoehn-Saric and Chris Herndon), and as a result of concern raised by Whann and his proposed suggestion, section 310 has been dropped from the bill. This provision would have seriously hurt used car commerce by imposing tremendous compliance costs and 13
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A S S O C I A T I O N
N E W S
Learn to Earn with NIADA’s Education and Training Consortium One of the crucial things I learned during my 30-plus years of interacting with sales-related people is quality salespeople are made, not born. Those
salespeople who experience great sales success are rarely great from the start. They make themselves great because they realized they could be no better than the level of their preparation. I firmly believe the salesperson’s life should be a life of continual learning. There is no place in a sales career where a salesperson can say there is nothing more to learn, no more skills to develop, no more techniques to improve or no more methods to try. Regardless of how long someone has been selling, it is my conviction there is always something to learn. Believe me, nothing fails like a bit of success if it keeps someone from looking for new and better ways to improve performance. As you look at your dealership, what can you say of the results you are getting from your salespeople? Do you need to change or improve your sales culture? Is it time you became more involved in the improvement of your salespeople’s skills? If the answer is “yes,” then think about what your goals might be. Consider a twofold approach. First, provide an educational experience that will help your salespeople achieve mental, emotional and psychological improvement to create instant action and second, to offer your salespeople specific statements (or, as we call it “What to say when…”) for almost any situation, question or objection that they may encounter in their
LEARN toEARN
BY
sales time with customers. One approach might be to define five or six key topics you want to emphasize. May I suggest: How to Locate Customers; Getting to Know the Prospect; A Sales Presentation that Works; Close: Getting to “Yes;” Getting the Deal Done: Finance and the Delivery; and After the “Yes.” These seem to be the prominent skill areas salespersons need most in defining, and experienced – I did not say old – sales staffs often need to sharpen. You want to make sure your sales staff are following your dealership’s philosophy and are singing from the same songbook. I don’t have to tell you there are various ways you can approach training. You probably have already done them all. You probably thought some were effective while others were real bombs. Finding the most effective way of keeping your dealership’s learning curve at its very best is a challenge for every dealer, general manager or sales manager. Squeezing in time for effective new salesperson orientation sessions or training (perhaps retraining) the experienced just doesn’t happen as often as it should. It takes leadership to make it happen. As you evaluate the sales practices at your dealership, consider what is really working, what needs improvement and what you need to eradicate. I challenge you to get involved in making the sales culture the best it has ever been. Be a part of the learning. Be a working leader, actively engaging the sales staff. As a trainer, I preached that message to every group I stood before, and after
L O U
years in the automotive industry; I have collected volumes of presentations. I admit some sessions were better than others, but I have always enjoyed watching a salesperson grow or hearing from a dealer with whom I have worked that his staff is really making strides in sales. Once you get hooked on promoting learning to earn, you miss it when you aren’t as actively involved. That is why when a couple of old independent automobile industry friends of mine suggested I put my knowledge and expertise into an online training program and approach NIADA about using it with it’s members, I decided to create the PreOwned Online Sales Training Course. The timing was perfect because NIADA has recently initiated an Education and Training Consortium to encourage quality educational opportunity providers to join together to offer programs and products to the independent automobile industry. Consortium selection criteria focus on the needs of the dealer. I am happy to say that Lou Vickery’s Pre-Owned Online Sales Training Course met that standard and is one of the first educational opportunities to be offered. It is simple, straightforward and offers flexibility that both the dealer and the salespersons can appreciate. Whether you use this course or select another approach, I challenge you to stay focused on growing your people. Help them become the most effective salespersons in the industry. Encourage their enthusiasm. Cultivate their energy. The profits will be yours!
V I C K E RY
Lou Vickery, an Alabama native, is a former professional baseball player and coach who worked with Merrill Lynch before going into the training and development field. He has presented his customer-focus programs to more than 30,000 people at more than 2,800 companies and dealerships in 44 states and two foreign countries. Vickery, the author of ten books, is in his sixth year of broadcasting and hosts “Lou in the Morning” in the Pensacola, Fla., market.
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Management Perspectives
>>
THREE KEYS TO BUILDING TRUST BETWEEN MANAGERS AND EMPLOYEES Any positive working relationship is based on trust. An environment of trust assumes both parties will be safe, and it carries with it an implicit message you have each other’s best interests in mind. That’s why employees
can accept criticism and even anger from a boss they trust. The employees know deep down the boss really means to help. Trust is an interesting quality because, once it is lost, it is hard to recapture. The question is how do you develop trust between people in the workplace? After all, when you have people from various backgrounds coming to work together, they usually don’t have a history with each other and there’s no base of trust to begin with and grow upon. That’s the reason managers need to be proactive and create an environment of trust apparent to all.
Limit Lecturing
To ensure employees will make good decisions, managers often begin to lecture. Lecturing and telling your employees what to do implies you don’t have faith in their decision-making abilities. This can result in their becoming defensive. If people do not have faith in themselves, then the manager’s faith in them decreases even more and the lecturing begins again. Even well-intentioned lectures convey the subtle and negative message that what the employee has done is wrong or not good enough. All people are sensitive about being told what to do and they often want to prove themselves in the workplace. Rather than lecture employees, consider using reflective questions such as, “What do you think about . . . ?” “Have you thought of . . . ?” and “Would you consider . . . ?”
An easy strategy for replacing this tendency of listening autobiographically is to cultivate the habit of listening to learn. Listening is a skill that can be improved. It starts by taking the position of a good listener. It’s getting ready to hear what’s about to be said. It is refraining from the alltoo-common practice of hearing a few words and then jumping in with a response. You may have experienced the feeling that arose when someone finished your sentence before you had finished it yourself. When a manager interrupts an employee who is attempting to communicate, it prompts a negative emotion and no one enjoys being interrupted. Listening in anticipation of what an employee will say is another habit to break. Listening in anticipation encourages interruptions. All people want to be acknowledged and don’t wish to feel you know what is about to be said. Interrupting is an indication you don’t care about hearing the other person’s viewpoint as much as your own.
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REMEMBER, THERE ISN’T ANY EMPOWERMENT MORE EFFECTIVE THAN SELF-EMPOWERMENT. REMEMBER, THERE ISN’T ANY EMPOWERMENT MORE EFFECTIVE THAN SELF-EMPOWERMENT. REMEMBER, THERE ISN’T ANY EMPOWERMENT MORE EFFECTIVE THAN SELF-EMPOWERMENT.
Listen to Learn
Epictetus is credited with saying, “Man has one tongue but two ears that we may hear from others twice as much as we speak.” Listening to learn and valuing people’s feelings and ideas is what promotes the ability of managers to effectively communicate with and influence their staff. For most managers, their first reaction is to evaluate the employee from their own point of view, then approve or disapprove of what the person says. This is listening autobiographically. It shuts down the employee’s self-confidence, initiative, and open communication.
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Do the math...It Pays to Belong MEMBERSHIP APPLICATION
For an annual membership investment of only $265, which includes an NIADA membership, you get a $2,600 Auto Auction Coupon Book and a whole lot more! Dealership Name ______________________________________ Payment by: Check Visa MasterCard Credit Card Number: ______________________________ Dealer Plate# __________________________________________ Expiration Date: __________________________________ Signature: ________________________________________ Mail Address __________________________________________ By completing this form, I am consenting to and giving IIADA/ Ship Address __________________________________________ NIADA Inc., its affiliates and subsidiaries, my permission to Ship Address contact me and provide information to me at the County ________________________________________________ mailing and email addresses, telephone and fax number(s) I have provided. City/State/Zip _________________________________________ Phone ____________________Fax _________________________ E-mail _________________________________________________ Owners (Please Print) _________________________________
Note: 25% of dues are non-deductible FOR IIADA USE ONLY Dues Paid ________________________________________ Coupon Book_______________ District _______________ ______________________________________________________ Packet Sent _______________________________________
Recommended By _____________________________________
PLEASE MAIL OR FAX MEMBERSHIP APPLICATION TO: IIADA • PO Box 1393 • Crown Point, IN 46308 Phone: (800)310-3112 • Fax: (219)663-5294 iiada@comcast.net
IIADA MEMBERSHIP BENEFITS Joining IIADA entitles you to the following benefits. Don’t pass up the opportunity to receive the best treatment by joining our association.
• $2,600 Auto Auction Coupon Book
• Prescription Drug Card
• Low cost Liability and Lot Coverage Insurance
• National “Skip” Program
• Medical Insurance • Car Lines publication • Updates on changes in Law and Regulations • Annual Conventions • Dealer Bond as required by The Indiana Secretary of State
• National Independent Automobile Dealers Association Magazine • National Independent Automobile Dealers Association Scholarship Fund • Services of Registered Lobbyists on the National and State Levels • Used Car Dealer Magazine
• Assistance with internal business problems and customer relations
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Complying with the Risk-based Pricing Rule
BY LEE DOMINGUE, CEO OF INDIRECT LENDING, WOLTERS KLUWER FINANCIAL SERVICES
As the new Risk-Based Pricing Rule takes effect this month, auto dealers need to make sure they have information, resources and tools in place so they are ready to comply. Applying to Buy Here-Pay Here (BHPH) dealers
and those who do business with third-party creditors, the rule requires dealers to notify consumers when they receive materially less favorable credit terms than others based on consumer report information. According to the new rule, a risk-based pricing notice must be provided to the consumer before signing the credit agreement (direct lending note or indirect retail installment sales contract). The notice must: Include information about the elements of a credit report. State the annual percentage rate and other terms were set based on the consumer’s credit report. State the terms offered may be less favorable compared with the terms offered to consumers with better credit histories. Encourage the consumer to verify credit report accuracy. Identify all consumer reporting agencies that supplied a consumer report used in the credit decision. Inform the consumer of the right to a complimentary copy of a consumer report from those agencies for 60 days after receipt of the notice. Provide guidance on obtaining a consumer report. Direct the consumer to the Federal Reserve Board and Federal Trade Commission’s websites. Dealers can use a case-by-case method, a credit score proxy method or a tiered pricing method to identify which customers must receive a notice. For more info, a Adobe PDF is available at www.ftc.gov/ os/2009/12/R411009riskbasedpricingfrn.pdf. An exception to the Risk-Based Pricing Rule allows dealers to provide a credit score disclosure notice to all customers who apply for credit. This option is only available to dealers who use credit scores in the decision to extend credit. This exception notice must include the consumer’s credit score, the date it was created, its source, and information about the range of scores and how lenders use them. In addition, the notice must provide a description or graphical representation of how the applicant’s credit score ranks in comparison with other consumers. For this, dealers will need data from their consumer credit report suppliers. The exception notice may be the easiest path to compliance for many dealers, as it avoids the analysis of who is required to receive a risk based-pricing notice. However, each dealer should look at its own unique business to determine which compliance option will work best. While dealers may be concerned that the new rule will create more paperwork and administration, risk management platforms can help automate indirect lending, credit approval and compliance processes. By unifying lending transactions and simplifying documentation, a technology platform can enable quicker decision making and help prevent financial and legal penalties resulting from non-compliance. Whatever notice option your dealership pursues under the new rule, automating credit approval and compliance processes can help you ease the regulatory burden on staff resources, reduce your risks of non-compliance, and safeguard your dealership’s reputation. Lee Domingue is CEO of indirect lending at Wolters Kluwer Financial Services. For more information, visit www.wolterskluwerfs.com/ilsolutions.
Management Perspectives A manager who listens well acknowledges their employees’ feelings and opinions. Remember, no great insight ever enters the mind through an open mouth. It is important to let people know you’re willing to listen, even though it may not result in agreement. Just use the most effective sales principle: inquiry precedes advocacy. In other words, listen before you talk.
Work Smarter
Many people often say, “If I want something done right, I have to do it myself.” Yet effective managers know delegation of tasks is essential for building trust in the workplace. When you hold onto tasks and don’t delegate, you deprive your employees of an opportunity to advance their skills. Focus on treating your staff as if they are who, how, and what you would like them to be. Once the employee completes a task, the objective should be to focus on progress rather than perfection. If the person’s result does not meet your expectations, you can still find something positive to comment on while helping the employee understand what the initial expectations are. This is far more effective than comments that foster guilt or a sense of failure. A positive approach prompts an incentive for the task. Remember, there isn’t any empowerment more effective than self-empowerment. Because being positive is so enabling, it is best to displace thoughts and communications that are destructive. For example, saying “you are bad tempered,” has the same meaning as “you need to work on controlling your temper.” However, the first labels the person, whereas the second enables the person. People change more by building on their strengths and aptitudes than by working on their weaknesses.
Create a Trusting Environment
Without trust in the workplace, communication and teamwork will erode. Additionally, morale will decrease while turnover will rise. However, by using these three strategies you can build your employees’ trust in management, thereby making their workplace an environment filled with innovation, creativity, and ultimately higher profits for all. Dr. Marvin Marshall – an American educator, writer, and lecturer – is widely known for his programs on discipline and learning. His approach stemmed from his acquiring knowledge about youth as a parent; a recreation director and camp counselor; a classroom teacher; a school counselor; an elementary and high school principal; district director of education; and as a certificate holder from the William Glasser Institute. For more information, visit www.marvinmarshall.com.
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