Texas Dealer, September 2015 by Texas Independent Auto Dealers Association

TIADA Welcomes 2016 President

In This Issue: – Trey Crouch named 2015 Texas Quality Dealer of the Year – TIADA Annual Conference & Expo Wrap-Up – Michael W. Dunagan on Bankruptcy Basics for Car Creditors – 2015 Legislative Summary

Phil Lathrop

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2016 TIADA Board of Directors PRESIDENT Phil Lathrop/VP Auto Sales Inc. 2921 S. Garland Avenue Garland, TX 75041 Office: 972.864.1300 Email: phillipl@vpautosales.com PRESIDENT ELECT Kathrine Tolsch/CICO Auto Sales 11050 Harry Hines Blvd. Dallas, TX 75229 Office: 214.352.9282 / Fax: 214.352.8227 Cell: 972.333.6024 Email: cicoauto@verizon.net CHAIRMAN OF THE BOARD Brent Rhodes/Fiesta Motors 5150 Industrial Way Drive Buda, TX 78610 Office: 512.312.2201 Email: brent@fiestamotors.net SECRETARY Greg Zak/Dixon Motors 7902 North Freeway Houston, TX 77037 Office: 281.931.1300 Email: gzak@windstream.net TREASURER Trey Crouch/Trey Crouch’s Wheels On Credit, Inc. 636 E. Business 83 McAllen, TX 78501 Office: 956.972.0700 Email: trey@wheelsoncredit.com VICE PRESIDENT, WEST TEXAS (REGION 1) Paul Scott/Fiesta Motors – Lubbock 2599 74th Street Lubbock, TX 79423 Office: 806.765.3640 Email: pscott@gofiestamotors.com VICE PRESIDENT, FORT WORTH (REGION 2) Tommy Gregory/Abilene Used Cars Sales Inc. 497 E.S. 11th Abilene, TX 79602 Office: 325.676.8000 Email: aucsinc@sbcglobal.net VICE PRESIDENT, DALLAS (REGION 3) Wayne Meagher/M.D. Auto Sales 2002 W. Main Street Grand Prairie, TX 75050 Office: 972.641.9598 Email: wayne@navchiefs.com VICE PRESIDENT, HOUSTON (REGION 4) Juan Sabillon/Mi Tierra Auto Sales 7935 Gulf Freeway Houston, TX 77017 Office: 713.644.2446 Email: brentfordct@yahoo.com VICE PRESIDENT, CENTRAL TEXAS (REGION 5) Robert Beck/Stop N’Drive Motors 711 N. General McMullen Dr. San Antonio, TX 78228 Office: 210.432.1101 Email: stopdrive@texas.net VICE PRESIDENT, SOUTH TEXAS (REGION 6) Dan Keetch/Keetch Motors 1010 S. Staples Corpus Christi, TX 78404 Office: 361.882.3541 Email: dankeetch51@yahoo.com VICE PRESIDENT AT LARGE James Hobson/H-Town Motors 3714 Dyer Street El Paso TX 79930 Office: 915.564.9797 Email: htownmotors@sbcglobal.net VICE PRESIDENT AT LARGE Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087 Office: 713.641.0980 Email: ryan.winkelmann@sbcglobal.net TIADA EXECUTIVE DIRECTOR Jeff Martin 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am - 4:30pm 800.442.5944 • Fax 512.244.6218 jeff.martin@txiada.com

Volume XV

Issue 9

S e p t e m b e r 2 015

texasDealer

6 Officers’ Message

contents

by Kathrine Tolsch, TIADA President Elect

8 News & Notes 11 Legal Corner: Bankruptcy Basics for Car Creditors: Separating Fact from Fiction by Michael W. Dunagan

12 Upcoming Events 16 2015 VIP Auction Card Directory 18 On The Cover: TIADA Welcomes 2016 President, Phil Lathrop Compiled by Texas Dealer staff

23 2015 Legislative Summary by Jeff Martin

26 The 2015 TIADA Annual Conference Wrap-up by Danny Langfield

T rey Crouch Named 2015 Texas Quality Dealer of the Year

37 Regulation Matters: Do You Recall? by Danny Langfield

39 Local Chapters 40 TIADA Member Application 43 New Members

46 Behind the Wheel by Jeff Martin

What’s happening at w w w . t x i a d a . c o m ?

DID YOU KNOW THAT... The fall education schedule has been announced? You can find the complete lineup and register online under the education tab of the TIADA website. The Editor of the Texas Dealer magazine is Teresa Orkun, Marketing Communications Coordinator of TIADA. To change your address for subscription and/or for other TIADA products, call the TIADA state office at 800.442.5944, 512.244.6060 or fax 512.244.6218. E-mail: info@txiada.com. New Membership/Subscriptions: If you are a member of TIADA, you may receive this magazine free of charge. Membership year runs from Jan 1 to Dec 31. Back issues are available for $20 each subject to availability. Send a check or money order, along with your name and mailing address to TEXAS DEALER, Attn: Back Issues, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750. Sorry, no billing. Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured.

officers’ message by Kathrine

Tolsch

Employee Motivation

ave you ever experienced a motivation gap with your employees? According to Scott Gross, author of Positively Outrageous Service, a motivation gap is the “difference between the performance you are getting now and the performance you could be getting if employees were truly turned on.” He also states that most managers believe their employees are capable of delivering 20-30% more productivity. So what motivates an employee to give their peak performance? (Think of your answer before continuing to read.) According to the Council of Communication Management, “recognition for a job well done is the top motivator of employee performance.” If you answered “Money,” you may be surprised to find it is after such items as desirable work environment and proper materials/equipment to perform the job. If you question this result, survey your own employees by giving them a list of 10 items that motivate them and have them rank the items in order of importance. You may be surprised! Dr. Bob Nelson, an expert on employee motivation and performance, states in his book, 1001 Ways to Reward Employees, that what motivates is “the thoughtful, personal kind of recognition that signifies true appreciation for a job well done.…The motivation is all the stronger if the form of recognition creates a story the employee can tell to family, friends and associates for years to come.” Recognition can come in many forms: personal congratulations/praise, personal thank you note, public recognition, or team meetings to celebrate successes. These are all informal and inexpensive! So save your money because a study from the American Productivity Center and American Compensation Association found that 5-8% of an employee’s salary is needed to change behavior if the reward is cash and only 4% if the reward is non-cash. Creating positive feedback for your staff is easy if you make sure to follow this template: 1. Feedback should be timely and immediate 2. Tell them what you saw (be specific) 3. Tell them you appreciate it 4. Share why it is important (for company, customer, team, etc.)

ICO Auto Sales C (Dallas) TIADA PRESIDENT ELECT

5. Share how it made you feel (proud, confident in them, trust, etc.) 6. Always keep it positive and don’t undercut it by sliding in a criticism (…but next time…) To help get you started, here are some things I’ve used over the years to give informal feedback. Bravo Cards — Colored paper is used with the word “Bravo” then given to employee with a hand written note with the feedback. Handwritten thank you note. Poker chips (or any kind of card or token) — When you see one of your staff members doing something great, going above and beyond, taking special care of a customer, give them a poker chip. Once they have collected a predetermined number they can turn them in for a free lunch, free car wash, free day off, or whatever you have outlined. Get a cake with “Congratulations!” or “Great Job!” and the person’s name on it. Then take a break and invite the team to come in and have cake, share with everyone what the staff member did to deserve this. Eagle Award, Top Gun, Golden Banana – It can be named anything, and all you need is an old trophy, statue, or other item to pass around at given intervals (yearly, quarterly, monthly) to recognize someone. Define what the item will be recognizing; top performance, attitude, customer service, etc. Other inexpensive ideas are: designated parking spot for the employee, magazine subscription, invite employee to your house for dinner, bottle of champagne, get a take-out dinner and bring to your employee’s house, a big package of Life Savers with a note (You were a Life Saver), candy gram (homemade), movie tickets, homemade dessert or lunch, half day or full day off. Try experimenting with these or other ideas and you may find that not only do your employees become more positive and productive, but you may be having fun while motivating your staff. T e x a s

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news & notes

Happenings in the Industry…

compiled by Texas Dealer staff

Recruitment Challenge Update

here is a new leader in the recruitment challenge as Ahmed Belmeshkan’s new member recruits tally up to 47, closely followed by Mark Brown with 36, and Wayne Meagher with 32. We’ll find out who prevails as Top Recruiter for the year at the end of this month when the current year’s challenge wraps up. The recruitment challenge is open to anyone of our dealers and you too can be a part of our membership efforts, not only helping your association but also winning prizes that include an all-expense paid trip for two to the NIADA convention when you recruit 20 new members between October 1 and September 30.

THEY’LL KEEP CHARMING YOU IF YOU KEEP LETTING THEM.

22nd Annual BHPH World Convention to Be Held in Sunny Florida

he Leedom Group has announced that the 22nd Annual BHPH World Convention will be held on April 18–20 in Orlando, FL. Chris Leedom, the conference founder, also announced that this year they are bringing back the Special Finance track. Sponsorships and exhibit space are now being reserved and early registration is available by visiting www.bhphworld.com or calling 800-966-8733.

Interested in Serving on a TIADA Committee?

f you are looking to get more involved in the association we would love to hear from you. Contact the TIADA office at 800.442.5944 if you would like to serve on any of the five committees available: Awards, Bylaws, Legislative, Budget & Finance and INDEPAC.

HIADA Sales Workshop

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IADA is proud to host Jay Rose as the speaker for their Sales Workshop on Monday, October 12 from 9am–4pm at Manheim Hobby. Jay is president of Global Training Solutions and GTS Call Solutions. He has over 25 years of hands-on experience in the auto industry and has held retail positions in Sales, BDC, F&I, SM, GSM & GM. Jay has trained over 1,200 dealerships in nine countries with the very best training and call solutions. Jay has spoken at over 23 State and National conventions. He works directly with customers when he is not training so he understands the challenges in today’s market. For more information and to register visit www.houstoniada.com.

Find out why so many dealers are switching to PassTime. 8

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legal corner

Bankruptcy Basics for Car Creditors: Separating Fact from Fiction

e’ve recently noticed an uptick in the number of consumer bankruptcy cases being filed involving our carcreditor clients. Unlike business bankruptcies, which are usually tied to economic conditions, consumer bankruptcies, especially Chapter 13 bankruptcies, are less tied to the economy and more a reflection of the ease of obtaining credit and reduced underwriting standards. We still get calls from dealers, finance companies, and credit unions who are experiencing their first bankruptcies, and don’t always understand what their rights and obligations are. This article attempts to summarize some of the more common issues car creditors face, and to debunk some of the more common myths that abound in the sub-prime finance world.

Myth: Until a creditor receives official notice from the Bankruptcy Court that a debtor has filed bankruptcy, that creditor is under no obligation to pay attention to the bankruptcy filing, and can handle the debtor as any other debtor. Fact: Any notice is actual notice. From the moment a bankruptcy case is filed, the Automatic Stay is in existence and applies to every claimant and creditor of the debtor. The stay prohibits any creditor from commencing or continuing any collection activity against the debtor, including repossessing collateral or disposing of collateral that has already been repossessed. If a creditor takes action with actual notice September 2015

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(actual notice can come from the bankruptcy court, the debtor or the debtor’s attorney) of the bankruptcy filing, the creditor is in violation of the automatic stay and is subject to sanctions. Don’t make the mistake one car creditor did in ignoring a handwritten notice delivered by the debtor on yellow-pad paper. The judge made it clear after the creditor was arrested that the informal notice was actual notice.

Myth: Being “excluded” from the bankruptcy allows a creditor to repossess despite the presence of a bankruptcy filing.

by Michael

Dunagan

TIADA GENERAL COUNSEL

We still get calls from dealers, finance companies, and credit unions who are experiencing their first bankruptcies, and don’t always understand what their rights and obligations are.

Fact: There is no such thing

as a creditor being excluded from a bankruptcy. Car creditors often are informed by debtors that the creditors are being excluded. What this usually means is that the debtor has chosen to “pay direct” or honor the terms of the contract instead of delaying, reducing, or “cramming down” the debt. Being classified as a “pay direct” does not exclude the creditor from the bankruptcy case. All creditors are subject to the bankruptcy stay and must obtain permission from the bankruptcy court to take any collection action, even if the debtor defaults.

Myth: Repossessing collateral

prior to the debtor filing bankruptcy protects the creditor from being affected by the bankruptcy.

Fact: If the creditor (1) repossesses collateral, (2) sends appropriate post-repossession notice, (3) waits the appropriate time period, and (4) legally disposes of the collateral, all before the debtor files bankruptcy, the creditor is under no obligation. If, however, all of the above have not been completed prior to the bankruptcy filing, then the automatic stay will impact the creditor. 11

Upcoming Events TIADA DEALER ACADEMY September 2015 28 Dealer 101: Nobody Told Me That! Sheraton Houston Brookhollow 3000 North Loop West Houston, TX 77092 Online registration available www.txiada.com

October 2015 19 Keeping Your Dealership

Legal and Compliant Holiday Inn Downtown Marina 707 N. Shoreline Blvd. Corpus Christi, TX 78401 Online registration available www.txiada.com

November 2015 19 Better BHPH Financials

San Antonio, TX Online registration available www.txiada.com

December 2015 7 Keeping Your Dealership Legal and Compliant Dallas, TX Online registration available www.txiada.com

OTHER TIADA EVENTS October 2015 12 Board of Directors Meeting

Austin, TX

We find that debtors and their attorneys often run out and file just before the 20-day holding period on a strict foreclosure, or the usual 10-day holding period on a private sale, expire. Absent some unusual circumstances (check with your attorney) the vehicle will probably have to be returned, and relief will have to be sought through the bankruptcy court.

Myth: If the debtor files bankruptcy within a certain time after purchasing a vehicle, or has filed previously, the car creditor is immune from the bankruptcy. Fact: Amendments to the

Bankruptcy Code have created certain presumptions with regard to repeat filings and recent purchases that limit the scope of the bankruptcy stay in Chapter 13 cases. However, these presumptions can be overcome by the debtor filing a request for relief with the bankruptcy court, and, the courts usually grant relief to the debtor unless the relief is challenged by a creditor. For example, in a Chapter 13 bankruptcy filed within one year of the dismissal of an earlier case, the automatic stay will terminate 30 days after the filing, unless the debtor demonstrates that the second case was filed in good faith with respect to the creditor against whom the stay is sought. In a second repeat filing within the one-year period, the automatic stay will not go into effect. Again, if the debtor can establish good faith, the court can still impose the automatic stay against a creditor. We’ve found that judges are quite liberal in granting relief to debtors under these circumstances. Another factor that has made Chapter 13 bankruptcies problematic for car creditors in the past, has been the so-called “cram down” of the creditor’s secured position to the fair market value of the collateral. That is, the indebtedness

The fact is that a creditor has the burden to look out for its own interests. owed to the car creditor has been “crammed down” to the fair-market value of the car, with any additional indebtedness being treated as unsecured debt. Currently, a purchase-money security interest in a motor vehicle purchased within two-and-a-half years prior to the bankruptcy filing can’t be crammed down. Thus, a Chapter 13 plan would have to provide for repayment of the entire indebtedness, regardless of the fair market value. The bad news is that repayment of the indebtedness can still be spread over five years at a reduced interest rate, and delayed until after certain administrative expenses (such as fees to the debtor’s attorney) are paid. We have seen cases where the debtor consulted with a bankruptcy attorney just prior to buying a vehicle, then filed bankruptcy immediately after the purchase. We can only assume that some debtors are being advised to purchase vehicles with the intent of filing bankruptcy.

Myth: The bankruptcy judge and trustee will protect the rights of the creditor in a bankruptcy action. Fact: The judge is a neutral party who can’t take a position of advocacy for the debtor or creditor. Rulings are made based on motions and information presented to the court. The trustee is likewise not in a position to represent or T e x a s

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advocate for one party or the other. The fact is that a creditor has the burden to look out for its own interests. Chapter 13 is a debtor-driven system. Almost every significant step in the bankruptcy process is initiated by the debtor or the debtor’s attorney. The trustee handles a large volume of cases, and its primary function is to distribute money coming into the bankruptcy as provided by the court. Thus, a creditor must invest the time and money to intervene if a debtor‘s proposal is to be challenged. Otherwise, the debtor’s objectives are routinely accepted and approved.

Myth: Once an individual files

bankruptcy, he or she can’t refile for a lengthy period of time, making a prior bankrupt a good credit risk.

Fact: Individuals can and do file on a repeat basis. While there are limitations on the number of discharges a debtor can receive in a given period of time, there are no such limits on filing. And it is the filing that creates the automatic stay, which is so devastating to car creditors. With some bankrupts, it’s just a matter of time before the next case is filed. Myth: If a debtor in bankruptcy lets insurance on the vehicle lapse, I can repossess despite the bankruptcy. Fact: The contractual insur-

ance requirement can be enforced in bankruptcy, but only with the permission of the bankruptcy court. It would be a violation of the bankruptcy automatic stay to repossess without court authorization.

Myth: Since most motor vehicle retail installment contracts provide that the filing of a bankruptcy by the debtor is a condition of default, the creditor can repossess without having to obtain permission of the court. Fact: The debtor would be in default under the contract for filing bankruptcy, but the automatic stay still trumps the contractual rights regarding any collection action. Myth: A closing document

signed by a buyer declaring that he or she will not file bankruptcy; and that if bankruptcy is filed, the car creditor will not be subject to the bankruptcy, would keep the creditor out of bankruptcy danger.

Fact: Such a contract term is forbidden by the Bankruptcy Code and is totally unenforceable. Obviously, if

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877-281-2360 September 2015

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this device could be used, every creditor would include it in credit papers making the Bankruptcy Code useless.

Myth: A car creditor has no way of protecting itself

from consumer bankruptcies.

Fact: Creditors can, through better underwriting,

avoid potential bankruptcy filers. For instance, credit applications that inquire of all debt can help spot overstressed debtors. Also, credit application forms that inquire of an applicantâ&#x20AC;&#x2122;s intentions with regard to bankruptcy might smoke out potential filers. And, special scrutiny should be given to prior bankrupts as the incidence of repeat filings is high in the sub-prime world. After a bankruptcy is filed, the creditor has rights, but they must be exercised in the bankruptcy court process. We have found that a prompt attempt to obtain relief from the automatic stay is the best course of action. Getting the collateral back while it still has value, even at the expense of retaining an attorney, may be the only way to come out on top. Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 35 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

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2015 TIADA VIP Auction Card Directory

Manheim Manheim DFW Dallas Manheim Manheim San Antonio El Paso Manheim Manheimn Texas Hobby Housto ADESA ADESA Austin San Antonio ADESA ADESA Houston Dallas

Alliance

e ew Allianc

AA Longvi

Alliance

AA Abilene

AA Waco

Alliance

AA Dallas

’s America AA Austin/ San Antonio

’s ’s America America AA Dallas AA North Houston

Houston

AA AA Metro Austin of Texas

Heart AA El Paso AA Waco Independent Can! America Kids for Texas Lone Star AA Cars Arlington Carrollton CM Dealers Companys of OKC Auction

Big Valley AA Donna

Corpus

Austin

El Paso

Lubbock

San Antonio Permian

Houston

Basin Dallas

Houston

ew North Longvi McAllen

DFW

ABILENE

CORPUS CHRISTI

Alliance Auto Auction Abliene

Insurance Auto Auctions*

6657 US Highway 80 West Abilene, TX 79605 325.698.4391, Fax 325.691.0263 General Manager: Jimmy Compton Friday, 10:00 a.m.

4701 Agnes Street Corpus Christi, TX 78405 361.881.9555, Fax 361.887.8880 General Manager: Adriana Serrano Wednesday, 9:00 a.m.

www.allianceautoauction.com

www.iaai.com

C.M. Company Auctions, Inc.

DALLAS / FT.WORTH METROPLEX

2258 S. Treadaway Abilene, TX 79602 325.677.3555, Fax 325.677.2209 General Manager: Gregory Chittum Thursday, 10:00 a.m.

ADESA Dallas

www.cmauctions.com

www.adesa.com

AUSTIN

3501 Lancaster-Hutchins Rd. Hutchins, TX 75141 972.225.6000, Fax 972.284.4799 General Manager: Brad Garrett Thursday, 9:30 a.m.

ADESA Austin

Alliance Auto Auction Dallas

www.adesa.com

2108 Ferguson Ln Austin, TX 78754 512.873.4000, Fax 512.873.4022 General Manager: Steve Swanson Tuesday, 9:00 a.m.

America’s AA Austin / San Antonio www.americasautoauction.com

16611 S. IH-35 Buda, TX 78610 512.268.6600, Fax 512.295.6666 General Manager: John Swofford Tuesday, 1:30 p.m. / Thursday, 2:00 p.m.

Insurance Auto Auctions* www.iaai.com

2191 Highway 21 West Dale, TX 78616 512.385.3126, Fax 512.385.1141 General Manager: Geoffrey Rabb Tuesday, 9:00 a.m.

Metro Austin Auto Auction www.metroautoauction.com

8605 Cullen Ln. Austin, TX 78748 512.282.7900, Fax 512.282.8165 General Manager: Brent Rhodes 3rd Saturday, monthly

www.allianceautoauction.com

9426 Lakefield Blvd. Dallas, TX 75220 214.646.3136, Fax 469.828.8225 General Manager: Christopher Dean Wednesday, 1:30 p.m.

America Can! Cars for Kids www.charitycarauctions.org

1911 E. Division Arlington, TX 76011 972.274.5437, Fax 214.944.1950 General Manager: Jennifer Kitchens Saturday, 9:00 a.m.

America’s AA Dallas

www.americasautoauction.com

219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972.591.2742 General Manager: Robert Hammonds Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

Insurance Auto Auctions* www.iaai.com

4226 East Main Street Grand Prairie, TX 75050 972.522.5000, Fax 972.522.5090 General Manager: Jennifer Wesner Tuesday, 9:00 a.m.

Insurance Auto Auctions* www.iaai.com

* VIP card accepted for sell fees only 16

Christi

Get up to $200 off a buy or sell fee at these participating auctions using your TIADA VIP Auction Card!

204 Mars Road, Wilmer, TX 75172 972.525.6401, Fax 972.525.6403 General Manager: Henry Valenzuela Wednesday, 9:00 a.m.

Manheim Dallas

www.manheim.com

5333 W. Kiest Blvd., Dallas, TX 75236 214.330.1800, Fax 214.339.6347 General Manager: Jeff Modjeski Wednesday, 9:00 a.m.

Manheim Dallas Fort Worth www.manheim.com

12101 Trinity Blvd. Fort Worth, TX 76040 817.399.4000, Fax 817.399.4251 General Manager: Nicole Graham-Ponce Thursday, 9:30 a.m.

Texas Lone Star Auto Auction www.tlsaa.com

2205 Country Club Drive Carrollton, TX 75006 214.483.3597, Fax 214.483.3814 General Manager: Jeff Dunning Tuesday, 1:00 p.m. / Thursday, 2:00 p.m.

EL PASO El Paso Independent Auto Auction www.epiaa.com

7930 Artcraft Rd El Paso, TX 79932 915.587.6700, Fax 915.587.6700 General Manager: Lori Pidgeon Wednesday, 9:30 AM In-op Video Sale / 10:00 AM Standard Sale.

Insurance Auto Auctions* www.iaai.com

14651 Gateway Blvd. W El Paso, TX 79927 915.852.2489, Fax 915.852.2235 General Manager: Jorge Resendez Friday, 10:30 a.m.

Manheim El Paso

www.manheim.com

485 Coates Drive El Paso, TX 79932 915.833.9333, Fax 915.581.9645 General Manager: Brian Walker Thursday, 10:00 a.m. T e x a s

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Insurance Auto Auctions*

SAN ANTONIO

2535 West. Mt. Houston Houston, TX 77038 281.847.4700, Fax 281.847.4799 General Manager: Michelle Casper Wednesday, 9:00 a.m.

ADESA San Antonio

www.iaai.com

Manheim Houston www.manheim.com

HARLINGEN / MCALLEN Big Valley Auto Auction www.bigvalleyaa.com

4315 N. Hutto Road Donna, TX 78537 956.461.9000, Fax 956.461.9005 General Manager: Lisa Franz Thursday, 9:00 a.m.

Insurance Auto Auctions* www.iaai.com

900 N. Hutto Road Donna, TX 78537 956.464.8393, Fax 956.464.8510 General Manager: Ydalia Sandoval Tuesday, 9:00 a.m.

HOUSTON ADESA Houston www.adesa.com

4526 N. Sam Houston Houston, TX 77086 281.580.1800, Fax 281.580.8030 General Manager: Mark Lindenmuth Wednesday, 9:00 a.m.

America’s AA North Houston www.americasautoauction.com

1440 FM 3083 Conroe, TX 77301 936.441.2882, Fax 936.788.2842 General Manager: Buddy Cheney Monday, 6:30 p.m.

Houston Auto Auction

www.houstonautoauction.com

6767 North Freeway Houston, TX 77076 713.644.5566, Fax 713.644.0889 President: Tim Bowers Tuesday, 1:00 p.m.

14450 West Road Houston, TX 77041 281.924.5833, Fax 281.890.7953 General Manager: Eddie Pope Tuesday, 9:00 a.m. / Thursday 6:30 p.m.

Manheim Texas Hobby www.manheim.com

8215 Kopman Road Houston, TX 77061 713.649.8233, Fax 713.640.6330 General Manager: Rich Curtis Thursday, 9:00 a.m.

LONGVIEW Alliance Auto Auction Longview www.allianceautoauction.com

6000 East Loop 281 Longview, TX 75602 903.212.2955, Fax 903.212.2556 General Manager: Jeff Loftin Friday, 10:00 a.m.

Insurance Auto Auctions* www.iaai.com

5577 Highway 80 East Longview, TX 75605 903.553.9248, Fax 903.553.0210 General Manager: Robert Dunning Thursday, 9:00 a.m.

LUBBOCK Insurance Auto Auctions* www.iaai.com

5311 N. CR 2000 Lubbock, TX 79415 806.747.5458, Fax 806.747.5472 General Manager: Lori Davee Tuesday, 9:30 a.m.

MIDLAND / ODESSA

Insurance Auto Auctions*

16602 East Hardy Rd. Houston, TX 77032 281.443.1300, Fax 281.443.4433 General Manager: Louis Cappi Thursday, 9:00 a.m.

701 W. 81st Street Odessa, TX 79764 432.550.7277, Fax 432.366.8725 General Manager: Barbara Hallmark Thursday, 11:00 a.m.

www.iaai.com

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www.adesa.com

200 S. Callaghan Rd San Antonio, TX 78227 210.434.4999, Fax 210.431.0645 General Manager: Sam D’Amato Thursday, 10:00 a.m.

Insurance Auto Auctions* www.iaai.com

11275 S. Zarzamora San Antonio, TX 78224 210.628.6770, Fax 210.628.6778 General Manager: Brian Sell Monday, 9:00 a.m.

Manheim San Antonio www.manheim.com

2042 Ackerman Road San Antonio, TX 78219 210.661.4200, Fax 210.662.3113 General Manager: Mike Browning Wednesday, 9:00 a.m.

WACO Alliance Auto Auction Waco www.allianceautoauction.com

15735 I-35 Frontage Road Elm Mott, TX 76640 254.829.0123, Fax 254.829.1298 General Manager: Darren Darnell Friday, 10:00 a.m.

Heart of Texas Auto Auction www.heartoftexasautoauction.com

2508 Old Marlin Hwy. 6 Waco, TX 76705 254.755.7713, Fax 254.755.7746 General Manager: Allan Wichkoski Thursday, 7:00 p.m.

OKLAHOMA CITY, OK Dealer’s Auto Auction of OKC, Inc. www.daaokc.com

1028 South Portland Oklahoma City, OK 73108 405.947.2886, Fax 405.943.8370 General Manager: Gary Smith Thursday, 8:30 a.m.

on the cover compiled by Texas Dealer staff

TIADA Welcomes 2016 President

Phil Lathrop

Tell us about your personal history â&#x20AC;&#x201D; where you grew up, family, education, other ventures, etc.

I was born in Kansas City, Missouri, lived on a farm and moved to Texas when I was 6 years old. As a kid I was always fascinated with cars; my brotherâ&#x20AC;&#x2122;s friends were impressed as I could name almost every make, model and year of the cars we saw on the street. I have a Bachelor of Science Degree in Radio-TV and Film from The University of Texas at Austin, but have always been in the car business. I started in the franchise side, where over the course of 12 years I worked at four different new car stores and held nearly all manager positions including General Manager. My favorite position was Used Car Manager. I love used cars. In 1988 we founded our dealership, VP Auto Sales in Garland, Texas. I married my high school sweetheart, Sharon. We have two children and two grandchildren. My son, Graham Lathrop, and son-in-law, Kevin Mims, left successful careers in other industries to become partners at VP, buying out my former partner.

How did you get into the car business?

When I graduated from UT, I moved back home while I looked for a job in the communications industry. My next door neighbor was

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a car salesman and he said I should get a job selling cars. I would get off early every other day, and could look for a job in my field. On top of that, they would give me a new car to drive. I liked cars, so I applied and got the job. That was 39 years ago.

How did you first get involved with TIADA?

Past President Jim Campbell invited me to attend the association events in Austin. I have always liked and respected Jim, so I went.

What would summarize your personal business philosophy?

Ethics and success must go hand in hand.

Who has influenced you as a car dealer?

Ron Roberts, the General Sales Manager at the Chevy store I worked in, was my first big influence. Ron was a winner and trained using the roads to a sale. He made me want to be a winner. Frank Late who owned that Chevy store, several other franchises and oil ventures, was also an early influence. He was mega wealthy and once a year, made all the managers clean the 50 car showroom and sales offices with scrub brushes while he ran the buffer. It was a Gandhi like experience. I still quote him, “Take care of the small things and the big things take care of themselves.” Vernon Schoemaker, who I worked for at Toyota of Irving and is the V

in VP, rounded out my auto education. Until I worked with Vernon, the emphasis was always on sales. Vernon required department heads to project sales and expenses on a monthly basis, to calculate a net profit goal. We were also allowed access and encouraged to read the financial statements of the entire operation. The latest influences are my new partners that bought Vernon out at VP, Graham Lathrop and Kevin Mims. They are keeping me current with up to date technology, marketing, and the realization that if you don’t keep moving, something might eat you.

Why did you decide to run for President of TIADA?

When President-Elect H.L. Hensley exited the industry and the position

Phil with his wife, Sharon; son Graham; daughter, Charlotte; and son-in-law, Kevin Mims September 2015

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became open, my partner Kevin Mims encouraged me to consider letting him put my name forward. I had wanted an opportunity to be President for years but held back due to time constraints. With my new partners running the dealership, the timing seemed right and I threw my hat in the ring. I trust my experience and communication skills will help maintain and improve the association and that is my goal.

What is your greatest concern for the upcoming year?

I would like to ensure that we continue to build on the momentum Executive Director Jeff Martin and his staff have built for TIADA.

What do you think the role of TIADA should be? The role of TIADA is to assist the industry with issues individual dealers cannot, due to time and

resource restraints. This requires the dealer leadership to employ people like Jeff Martin and Danny Langfield. They in turn must be diligent and capable in recognizing the issues that are relevant to the industry and communicate these issues to the dealer body. The dealers and the staff have a symbiotic relationship.

in the membership. When I attend an auction today, I am amazed at the diversity of the dealer body. Gender, culture and national origin are much different than even a few years ago. If we are committed to the improvement and strength of the industry, we need to reach out to and involve all the dealers that we can.

Where do you see the future of TIADA?

Other thoughts you’d like to share?

We must be visionaries philosophically, and realistic in our actions. As a vision, I see the future of TIADA to include as many dealers as possible. Realistically, I know membership can be a tough sale. Dealers want to know the pay value to them if they sign up. Our task becomes then to do what we have to in order to be perceived by the dealer body as an indispensable part of their business. I want to help with that task. Also, the fabric of the association will be stronger as we build diversity

I would like to thank my family, my partners, dealer friends and associates. And to all the dealers out there, members or not, I would like to tell them that TIADA exists for you. TIADA wants to accomplish for you what individual dealers can’t do themselves. Please don’t be the dealer that relies on the effort and money of others to make the big things happen. We will do the heavy lifting, but we need your input and support!

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TIADA DEALER ACADEMY 2015 Education Offerings for the Fall Seminar Schedule Dealer 101: Nobody Told Me That! Monday, September 28, 2015 – Houston

Keeping Your Dealership Legal & Compliant Monday, October 19, 2015 – Corpus Christi Monday, December 7, 2015 – Dallas

8:30 a.m. - 5:30 p.m.

Thursday, November 19, 2015 – San Antonio

9:00 a.m. - 4:00 p.m.

This class is designed for those dealers new to the business, those considering opening their own dealership, new employees, family members or anyone else needing a refresher on the basics, including: • Transferring Titles • Odometers • Title & Registration Fees • Temp Tags & Metal Dealer Plates • Requirements for Maintaining Dealer License • The Buyer’s Guide - As Is • SOLD! The Deal Jacket

Better BHPH Financials: How to Get Organized for Growth

The seminar will focus on advanced financing concepts, with special emphasis on in-house financing, repossession & bankruptcy issues, OCCC compliance and federal regulations. • Record Keeping • Motor Vehicle Sales Tax • Vehicle Inventory Tax • Consignment • Online Sales • Out of State / Out of Country • OCCC: the MVSF License • Federal Requirements

• OCCC Audits – what are the most common mistakes dealers make? • What is the Comptrollers position on GPS units? • Credit Card Convenience Fees – what is allowable? • Consumer Financial Protection Bureau (CFPB) – how might it affect dealers? • Bankruptcy – when do we have to give the vehicle back?

$149 per registrant

MEMBERS - 1st Registrant $149, each additional $99 NON-MEMBERS $299

8:30 a.m. - 12:00 p.m. The craziness of a busy BHPH operation can make it tough to plan for future growth. But sometimes you need to take a few hours off from working IN your business so you can work ON your business. Participants will learn: • How to increase their credit line, and/or establish a new line • Cash flow management (the key to future planning) • Static pool analysis—what it is and how it works

• How to determine how many units and dollars you need on hand • How to properly value inventory, including turn time • Proper expense allocation and costing

MEMBERS - $99, includes up to 3 attendees per dealership • NON-MEMBERS $199

Texas I n d epen d ent A utomob i l e D ea l ers A ssociation

Register online at w w w . t x i a d a . c o m or by phone at 800.442.5944. Texas Independent Automobile Dealers Association

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feature

2015 Legislative Summary by Jeff Martin

TIADA Executive Director

Bill Roundup – In all, TIADA worked on over 20 bills. Below you will find the fate of key legislation from the 84th Session.

HB 318 (Keough)

This bill is very similar to HB 335, Rep. Ed Thompson’s bill that would have eliminated named-driver only polices. TIADA’s Position: For TIADA’s Action: The association worked throughout the session with Rep. Keough. Early on he elected to join Rep. Thompson and signed on as a co-author to HB 335.

What happened to this bill? DID NOT PASS

HB 335 (Thompson, Ed)

This bill would have eliminated named-driver-only policies. TIADA’s Position: For TIADA’s Action: TIADA worked closely with Rep. Thompson, helping to educate legislators on this issue. Early in the session we attended stakeholder meetings September 2015

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and testified before the House Insurance Committee. TIADA sent over 100 emails to legislators that helped get this bill out of the House and over to the Senate. Despite TIADA members making over 60 phone calls to the Lieutenant Governor’s office, the bill stalled.

What happened to this bill? DID NOT PASS

HB 385 (Keough)

This bill would have allowed an individual to sell up to 11 vehicles per year without obtaining a dealer’s license. TIADA’s Position: Opposed TIADA’s Action: Before committee appointments were announced TIADA sat down with Rep. Keough and his staff to share our concerns over the bill. The Representative agreed not to push the bill.

What happened to this bill? DID NOT PASS

2015 Legislative Summary HB 2076 (Oliveira)

When this bill was introduced it originally addressed the mechanic’s liens notification process. However, in its final passage it addressed the transferability of mechanic’s liens and ensured that automobile lienholder’s interests continue to be fully protected. TIADA’s Position: Supported TIADA’s Action: TIADA started working on this issue in 2009. This particular bill took many twists and turns during this year’s session and, as always, TIADA was there.

What happened to this bill?

BECAME LAW SEPTEMBER 1, 2015

Note: There will be a full article

on this bill in the October issue of the Texas Dealer.

HB 2169 (Collier)

This bill would have created an inspection process and would have

required dealers to try to identify defects using the buyer’s guide. TIADA’s Position: Opposed TIADA’s Action: Rep. Collier introduced two bills this session that TIADA opposed. TIADA informed the Representative and her staff of our concerns and offered to work with her to address the issues. We also worked closely with TxDMV and TADA on both these bills throughout the session.

SB 441 (Burton)

DID NOT PASS

This bill would have eliminated the blue law, which prohibits dealers from selling vehicles on consecutive weekend days. TIADA’s Position: Opposed TIADA’s Action: Sen. Burton heard from numerous groups and backed off this position early in the session.

What happened to this bill?

HB 2335 (Collier)

SB 1143 (Watson)

This bill would have required TxDMV to post an annual report on used vehicle dealer complaints on its website. TIADA’s Position: Opposed TIADA’s Action: Similar to HB 2169 TIADA offered to work with Rep. Collier to address her concerns.

What happened to this bill? DID NOT PASS

This bill would have allowed the county TAC to enter contracts with customers to pay their TT&L fees over time, rather than upfront. TIADA’s Position: Opposed TIADA’s Action: We explained to Sen. Watson’s office that this would create hidden liens and cause problems for the industry. We also worked closely with the Tax Assessors Collectors Association as we monitored this bill.

What happened to this bill? DID NOT PASS

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feature The 2015 TIADA Annual Conference Wrap-Up by Danny Langfield

TIADA Deputy Director

“T

he Family Business — We Understand It.” That was the slogan for the 2007 TIADA Summer Conference held at The Woodlands Waterway Marriott & Convention Center in The Woodlands, TX. That year we welcomed 53 dealer registrants from 48 dealerships, had the support of 11 sponsors and featured a special guest speaker: Texas State Rep. Ken Paxton. Fresh off a huge legislative victory for dealers (passage of the Related Finance Company bill), the event was a smash success and (although we didn’t know it at the time) the start of something big. How big? Well fast forward 8 years to 2015. Rep. Paxton moved on to become Senator Paxton, and now Texas Attorney General Paxton. The slogan for this year’s TIADA Annual Conference & Expo was, “And Now for Something Completely Different…” How different? The association welcomed over 250 dealer registrants from 163 dealerships (including more than 120 first-time attendees), 99 sponsors, and featured special guests Rep. Sergio Munoz, Vice-Chair of the House Insurance Committee, and Sen. Robert Nichols, Chair of the Senate Committee on Transportation. Fresh off a huge legislative victory for dealers (passage of the mechanic’s liens transferability bill), the 2015 conference was another smash success.

“Best part of the event was gaining knowledge from guys that have been in the business for years.” Ricky Pickett

– D FW Auto Finance & Sales – Lake Worth

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“Show was fabulous! Convention provided many new opportunities because of so many new dealers.” Kevin Roy

– CliftonLarsonAllen LLP

“I went to (a national conference) this year in Vegas, and I can tell you TIADA had better information and was much better organized. ‘Accounting for the Numberphobic’ and ‘Selling Differently to Men & Women’ were both outstanding sessions for me.” Michael Lapp

– Del Rio Cars & Trucks – Del Rio

“Great experience… would come here again!”

Kelley Doggett – N icer Cars of Texas – Cedar Park

“It was our first show and we were blown away by the professionalism of the TIADA staff and the response we received from the dealers. Look forward to making the TIADA conference an annual event.” Bryan Haakenson – Alpha Warranty Services

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“Exceptional experience! I plan to attend every year!!” Michelle Hogan

– Julio’s Motors LLC – Manchaca

“Very informative Session”

Justin Browning – B rowning Reliable Cars & Trucks LLC – Wichita Falls

Kudos to those dealers and sponsors who joined us this year, and an extra tip-of-the-cap to those who have been with us for every event since that 2007 Conference (and many conferences before that, no doubt). This kind of growth doesn’t happen by accident. Yes, it is driven by the quality of the event, but even more important is the wordof-mouth buzz our attendees and sponsors have been generating over the years. There is no more powerful marketing message than the recommendation of a fellow dealer. Didn’t make it this year? Mark your calendars now for the 2016 Annual Conference & Expo July 24–26, hosted once again at the JW Marriott in San Antonio, and see for yourself what all the buzz is about.

And what about “The Family Business?” Does TIADA still understand it? Judging by the families celebrating with us throughout this event, and the number of sons and daughters of dealers who have grown into positions of influence at their dealerships, the family business is still understood.

“I go to conferences all over the country and this is one of the best both for venue and results!” Robert Miller – Floorplan Express LLC

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“Always very helpful, especially this year.”

Michael Zak

– Dixon Motors – Houston

“Another outstanding TIADA conference. I think the TIADA conference is the best of all the IADA shows. Already looking forward to 2016.” Larry Knapp – Black Book

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“Cannot wait until next year!” Keith Hagler

– Taylor Auto Credit – Taylor

“It’s been a great show that far exceeded our expectations!”

Larry Lafferty

– Vehicle DNA

“I sent one of my employees, and he has come back on fire. He was pretty much overwhelmed with all the info he learned and he’s dying to share it all. He’ll be back to the conference and next year I’ll be with him.” Victor Marcial

– Discount Automotive – El Campo

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e-Tag Supplies —

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feature Trey Crouch Named 2015 Texas Quality Dealer of the Year

rey Crouch’s Wheels on Credit was built from the foundation up in 1998, fulfilling Trey’s longtime dream of owning his own dealership after many years in the car business. With a slogan of “doing the right thing” and a vision of improving the quality of life for the Rio Grande Valley community by providing reliable transportation, Wheels on Credit has grown from a small lot to a 2.5 acre full service independent dealership. Trey is active and invested in his community and customers show their appreciation and support with repeat purchases and referrals. Trey was one of the first members of the Association of Finance and Insurance Professionals (AFIP), he is a Certified Master Dealer and has been a TIADA member for 17 years where he has served in different roles and has always been very active in TIADA advocacy.

Texas Dealer: WHAT DOES BEING NAMED “TEXAS QUALITY DEALER OF THE YEAR” MEAN TO YOU? I am so honored to be included

among the courageous business owners who have received this award before me. When I read that list, I find it mind-blowing that my name will now be on that list of some of the most outstanding dealers in the state. I am very grateful for the privilege to lead my team; the recognition of your peers is an incredible feeling.

Texas Dealer: WHEN DID YOU DECIDE TO GET INVOLVED IN TIADA AND WHY? When

I opened my business in December 1998, I knew that I had to become educated on the issues important to the industry and TIADA was the clear choice for education and advocacy. With the continued involvement of our dealer members, our association gets stronger and stronger.

Texas Dealer: WHAT DEALER(S) OR INDIVIDUALS HAVE BEEN MOST INFLUENTIAL TO YOU IN YOUR CAREER? I have learned many

things from our Texas auto dealers. Each one that I personally know has influenced my business or me, personally, in some way. My fellow dealer, Todd Smith from Dothan, Alabama, stands out as the one man who made

2014 Texas Quality Dealer and past president, Blake Ingram, from Auto City in Dallas presents Trey Crouch (right) with the Quality Dealer of the Year medal at the 2015 TIADA Annual Conference.

the greatest investment in his fellow dealer friends. His joy was in helping others… never too busy to listen. When you were with Todd, time stood still; you were the most important person on earth when you were talking to Todd. He worked hard, he loved his children and his wife, he gave what he could to those who needed it, and he never missed a chance to do a good deed. He never said an unkind word. He didn’t repeat rumors. He was that friend that always stuck closer than a brother. He was promoted off this earth on May 24, 2014 at the age of 47 after a freak boating accident. Trust me, everyone who knew him would say the same thing. He used his life in such a way that the use of his life outlasted his time here. I am striving to be more like him.

Texas Dealer: IN WHAT WAYS HAS TIADA IMPACTED YOU AND/OR YOUR BUSINESS? It’s up to us to make our families, businesses and our state all that it can be. We must be involved in the process to give ourselves the greatest chance of success. TIADA helps us all collectively by taking care of things that we just can’t do individually, or at least not as effectively.

Texas Dealer: HOW HAS COMMUNITY INVOLVEMENT PLAYED A ROLE IN YOUR SUCCESS? We have invested in the relationships. It makes us feel good to be involved with worthy T e x a s

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September 2015

Trey with his wife Debi and three of his children; daughter Cooper, and sons Heath and Hoyt

causes with worthy people. We do these things because” it’s the right thing to do”. If business prospers, then it helps us to be able to do more in the community. Spina Bifida of Texas is one of my favorite non-profits and we support this organization by raising money annually through an epic bike ride called SB-250 which starts in McAllen and ends in San

Antonio at the Texas A&M campus. This event is a challenging experience of mental and physical stress but nothing like what the lives of someone living with Spina Bifida must be. I have participated in this annual event for 5 years. In 2015 we raised $25,000 and we hope to double the number in 2016.

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956.461.9000 33

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September 2015

TIADA DEALER ACADEMY 2015

Dealer 101: Nobody Told Me That! This class is designed for those dealers new to the business, those considering opening their own dealership, new employees, family members or anyone else needing a refresher on the basics. We’ll cover everything you need to know to run a clean, compliant used car dealership in Texas. Topics include: n n n n n n

8:30am - 5:30pm $149 Per Registrant

n n

Transferring Titles Customer ID Requirements Odometer Disclosures Title & Registration Fees Acquiring Inventory Temp Tags & Metal Dealer Plates Requirements for Maintaining Dealer License The Buyer’s Guide - As Is Inspections, Emissions, Green Slip Power of Attorney

SOLD! The Deal Jacket Record Keeping Garage Liability & Dealer Bond Motor Vehicle Sales Tax Vehicle Inventory Tax Online Sales Out of State / Out of Country OCCC: the MVSF License Advertising Rules Federal Requirements Forms Review

n n n

n n n n n n n n

We will build a deal jacket from scratch... we will role-play an actual of transfer of title at the tax office... we will do a simulation of VIT calculation, with real numbers over multiple years... and much more. TIADA teaches you the business from an experienced, practical point of view.

Presenters will include:

Dorothy Starr, Motor Vehicle Manager, Tarrant County Tax Assessor-Collector Danny Langfield, Deputy Director, TIADA Michael W. Dunagan, attorney, Jameson & Dunagan, TIADA General Counsel

This class has been certified by TxDMV Enforcement as an acceptable alternative to the TxDMV Dealer Training Seminar for the purpose of reducing a dealer fine.

Monday, September 28, 2015 Houston, Texas Sheraton Houston Brookhollow 3000 North Loop West Frwy. • Houston, TX 77092 713.688.0100

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Register online at w w w . t x i a d a . c o m or by phone at 800.442.5944. Texas Independent Automobile Dealers Association

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regulation matters Do You Recall?

et me start with a ‘thank you’ — thanks for reading this. The last couple months I seem to have received a disproportionately large number of calls asking about issues that have been covered pretty well in this magazine, and sometimes in this very column! But I try to never get impatient with those questions; knowing the avalanche of publications, email, texts, calls, etc. ... we all have to wade through each day, it is certainly understandable that some key info will slip through the cracks. Nonetheless, thanks for reading this column (hopefully you do it regularly) and for proactively trying to stay up to date. Well, the vehicle safety recall certainly doesn’t seem to be going away, does it? The biggest story (as of this writing anyway) centered around the consent order issued by NHTSA to Fiat Chrysler Automobiles (FCA) and the requirement to buy back certain unrepaired vehicles, mainly Dodge Rams from 2008–2012. The consent order requires Fiat Chrysler to “refund the purchase price paid by the first purchaser of the vehicle for purposes other than resale, less a reasonable allowance for depreciation, and not including the cost of modifications made to the vehicle after the first retail sale.” Fiat Chrysler will additionally offer a premium of 10% above the purchase price to any owner of an unremedied vehicle. Wondering if you have an eligible vehicle? NHTSA’s VIN lookup tool, available at https://vinrcl.safercar.gov/ vin/vinLookup is designed to inform owners of the latest safety recall information on a specific vehicle. NIADA sent a Dealer Alert email on July 29 announcing the settlement. After visiting with NIADA attorney Shaun Petersen, it appears the devil in the details may be the “reasonable allowance for depreciation” provision found in the consent order. As of this writing, no announcement had been made as to how that depreciation would be calculated. Speaking of recalls, the previous edition of Regulation Matters (July issue) was dedicated entirely to this matter and how TIADA recommends you proceed. The July issue is available online in the members-only area of www.txiada.com, but, based on the large number of calls we’ve been getting on this, I’d like to reprint the key conclusions here. Regarding an inventory vehicle subject to an open safety recall:

September 2015

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by Danny

Langfield

TIADA DEPUTY DIRECTOR

Speaking of recalls, the previous edition of Regulation Matters (July issue) was dedicated entirely to this matter and how TIADA recommends you proceed. Obviously the most prudent course of action is to identify any inventory vehicles with open safety recalls and arrange to have repairs made accordingly. However, as we all know, there are any number of reasons this is not always possible, the most obvious being that the fix has not yet been identified or the necessary parts are not available. After consulting with TIADA general counsel Mike Dunagan, the association is recommending that the dealer run each VIN through the safercar.gov lookup tool at closing, print out the results and have the customer sign and date the document. A copy of this signed document should be retained in the deal jacket. Considering that recall results may change literally from day to day, it is important to make sure the most up-to-date information is being provided to the customer, regardless of the vehicle’s open recall status. This practice ensures that you are making a good faith effort to disclose the best, most accurate recall information available to every customer on each transaction. 37

resource guide The TIADA Website:

www.txiada.com Members can log in with their username/password and access our Dealer Member Directory, Legislative Action Center, Legal Consultation Service and much more. Register for all upcoming TIADA events online at the Calendar of Events; access our online membership application; find contact information for all our Local Chapters, and find many additional resources at our Links page. Texas Department of Motor Vehicles 888.368.4689 www.txdmv.gov Office of Consumer Credit Commissioner 800.538.1579 www.occc.state.tx.us

Texas Comptroller 800.252.1382 www.window.state.tx.us NIADA 800.682.3837 www.niada.com

REPOSSESSIONS

American Recovery Association 972.755.4755 www.repo.org or contact TIADA state office

FORMS

Burrell Printing 800.252.9154 www.burrellprinting.com

LUBBOCK

Auction Listings

Lone Star Auto Auction www.lsaalubbock.com

2706 Slaton Hwy Lubbock, TX 79404 806.745.6606 , Toll-Free 888.299.6606 General Manager: Dale Martin Wednesday, 10:00 a.m.

LUFKIN Lufkin Dealers Auto Auction

2109 N. John Reddit Drive Lufkin, TX 75904 936.632.4299 General Manager: Wayne Cook Thursday, 6:00 p.m.

TYLER Greater Tyler Auto Auction

11654 State Higway 64 W Tyler, TX 75704 903.597.2800 General Manager: Wayne Cook Tuesday, 5:00 p.m. – Repo Lane Tuesday, 6:00 p.m. – Consignment

September 2015

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Local Chapters VICTORIA Dennis Schroller Victoria Autos Direct 361.578.0530 Dennis@victoriaautosdirect.com Meeting – 1st Monday (Monthly) FORT WORTH Jerry Smith HJ Smith Automobiles 817.282.0102 hjsmithauto@yahoo.com Meeting- 4th Thursday of December, February, April, June, August and October DALLAS COUNTY Kevin Mims VP Auto Sales 972.864.1300 kevinm@vpautosales.com Meetings as needed/TBD HOUSTON Michael Zak Dixon Motors 281.931.1300 houiada@houiada.com Meeting – 2nd Monday (Monthly) SAN ANTONIO Robert Beck Stop N’ Drive Motors 210.432.1101 stopdrive@texas.net Meetings quarterly (dates announced at www.txiada.com) EL PASO Ricardo Gardea Cars Plus 915.778.8285 cars_plus@att.net Meeting – 3rd Friday (Monthly) 39

TIADA Membership Application

2015

Business Name: ____________________________________________ Select one:

Dealer Member

Associate Member

Contact Person: ____________________________________________ Address: __________________________________________________

2015 TIADA Membership Dues:

City: _________________________________________ State: _______

Join Date:

Dues:

Zip: __________________ County: _____________________________

Jan. / Feb. / Mar.

$425

Apr. / May / Jun.

$320

Jul. / Aug. / Sep.

$215

Oct. / Nov. / Dec.

$425

E-mail address: _____________________________________________ Phone: _______________________ Fax: ________________________ Dealer P Number: ___________________________________________ Who referred you to TIADA? __________________________________ Mailing Address (if different from above): __________________________________________________________ City: _________________________ State: _______ Zip: ___________

(includes all of 2016) (all dues include NIADA membership)

PLEASE INDICATE PAYMENT METHOD: Check or Money Order payable to TIADA Check # __________ Credit Card Card Number: __________________________________________________ Sec.Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: ____________ Monthly Payments - $100 initial payment & $29.50 per month Via Credit Card (Please enter card information above. Authorization Agreement required - contact state office) Via Bank Draft (Authorization Agreement & voided check required - contact state office)

Mail or Fax Application To: TIADA Membership Services, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750 FAX 512.244.6218

www.txiada.com

512.244.6060

800.442.5944

Dues are not deductible as charitable contributions for income tax purposes but may be deductible as miscellaneous itemized deductions, subject to IRS restrictions. It is estimated that 20 percent of your dues dollars is used for lobbying activities and is therefore not deductible.

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September 2015

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Please Welcome Our Newest TIADA Members DEALER MEMBERS 2nd Chance Auto Finance Ann Vandergriff 1106 W. Veterans Memorial Blvd Killeen, TX 76541 3W Automotive Brandon Whitaker P.O. Box 414 Teague, TX 75860 A&J Auto Ali Jaber 1505 Chasewood Dr Austin, TX 78702

Affordable Trade Hamdan Ghanayen 668 Lake Carolyn Pkwy, #108E Irving, TX 75039 Andres Auto Plex Andres Cantu 620 Coke Street Laredo, TX 78040 Antonio de Jesus Chavez Antonio Chavez Gutierrez 1112 Tomas F de la Garza Nuevo Laredo, Mexico 88000

Auto Web Expo, Inc Hassan Rahmanian 4630 Alpha Rd Farmers Branch, TX 75244 Auto Web Expo, Inc Hassan Rahmanian 11106 Morrison Ln Dallas, TX 75229 Autos To Go Walter Price 16920 Kuykendahl, Ste 230 Houston, TX 77068 Avenue Auto Group Ken Abba 2650 Northaven Dallas, TX 75229

September 2015

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J P Motors, LLC Juan Moreno 1305 W Hwy 83 Pharr, TX 78577

Bravo Truck Center Randy Mulholland 1237 Bandera Rd San Antonio, TX 78228

El Dorado Auto Sales Martin Padilla 3113 S Main St Fort Worth, TX 76110

JayKar Group Khalid Abu-Anbar 519 W Division St Arlington, TX 76011

Camino Real Auto Sales Gustavo Castro 3647 Hemphill Fort Worth, TX 76110

Executive Association Management, Inc Michael Marks 823 Congress Ave, Ste 230 Austin, TX 78701

JaysKars Jason Herrera 1900 S Texas Ave Bryan, TX 77802

Casablanca Sales Mahdi Ghabin 1810 Forest Lane Garland, TX 75042

Affordable Auto Brokers James Horan PO Box 1934 Keller, TX 76244

Auto Care Today Dorel Bancos 20502 Nanette Ln Spring, TX 77388

Eastern Motors Doug Speer 705 E Broadway Altus, OK 73521

Canton Auto Sales Linda Wilson 2063 VZ CR 1215 Canton, TX 75103

Advantage Financing Mansoor Fallahzadeh 8217 Alderwood Dr Plano, TX 75025

Auto Access Mohsen Razaghi 711 E Irving Blvd Irving, TX 75060

Best Buy Auto Sales Louis Silva 4131 North 1st Abilene, TX 79603

Chachan Auto Sales Sibi Joseph 11111 Shady Trail, Ste 114 Dallas, TX 75229 Chase Motor Finance- branch Iraj Afghani 815 E Tidwell Rd Houston, TX 77022 Circle T Motor Inc Gene Tieken P.O. Box 389 Gonzales, TX 78629 Clearwater Auto Exchange Paul Flaman 16740 FM 306 Canyon Lake, TX 78133 Country Motors Ahmad Husein 6610 N Eldridge Houston, TX 77041 Craghead Investments Larry Craghead 801 N Jupiter, #102 Plano, TX 75074 D & M Enterprise Group Omar Al-Sadi PO Box 162992 Fort Worth, TX 76161 Dallas Autos Direct Hodi Bayatneh 3228 Skylane Dr Dallas, TX 75006 Discount Kar Kare Tariq Campbell 906 S Mill St Lewisville, TX 75057 Drive ASAP Auto Sales, LLC Todd Regan 10 N Caddo St, #166 Cleburne, TX 76031

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Express Auto Group Said Jayyusi 333 E Division St Arlington, TX 76011 F.A. Motorcars Juan Aceves 12212 Farview Lane San Antonio, TX 78216 Freedom Motors & Rentals Iftikhar Ahmed 10827 Ashland Bridge Ln Sugar Land, TX 77498 G & R Auto Sales Richard Roman 5170 Randolph Blvd San Antonio, TX 78233 G & S Sales Co Gene Clarke 4405 Vista Meadows Dr Keller, TX 76244

JBS Auto Sales LLC Hector Clemente 4720 E Belknap Fort Worth, TX 76117 Knights Unique Autos Victor Caballero 12101 Squire Dr Balch Springs, TX 75180 La Casablanca Sales Mahdi Ghabin 3408 NE 28th St Fort Worth, TX 76111 Legacy Autos Thayer Alhindi 10939 Shady Trail Dallas, TX 75094 Lofi Motors Cesar Torres 4634 Ayers St Corpus Christi, TX 78415

General Auto Acceptance Hani Saadalla 3320 NE 28th Street Fort Worth, TX 76111

Lone Star Auto & Equipment Group Brett Wilt 1400 N I-45 Palmer, TX 75152

Get Car Easy Sandra Dominguez 1606 Olive St Baytown, TX 77520

Maniak Motors Michael Zak 10427 Denton Dr Dallas, TX 75220

Global Motor Co Nabil Alzienati 240 S Bagdad Grand Prairie, TX 75050

Metro Cars El Paso Santiago Inzunza 6975 Alameda El Paso, TX 79915

Global Vehicles Inc Muhammad Zubair 1820 E Irving Blvd, #121 Irving, TX 75060

MG Autos Miguel Gonzalez 2471 Dockside Dr Grand Prairie, TX 75054

GP Powersports, LLC Jeffrey Chandler 2237 E Main Grand Prairie, TX 75050

Mio Motors Dolores Bernal 8817 Airline Dr, Ste F-41 Houston, TX 77037

Grantz Auto Plaza Lee Grantz 2776 HWY 69 S Lumberton, TX 77657

Montes Auto Sales LLC Christina John 111 Edalyn St Kirby, TX 78219

Please Welcome Our Newest TIADA Members New Vision Auto Group Ana Jackson 411 Rambling Lane Euless, TX 76039

R.A.S. Auto Group Yousef Obaid 725 S Cherry Lane Fort Worth, TX 76108

Simmons Auto Sales Larry Simmons 4722 Hwy 91 South Denison, TX 75020

Omega Auto Sales Navid Fotutan 719 Marina Vista Dr Lewisville, TX 75056

RMB Auto Ahmad Darkazalli 1029 W Division St Arlington, TX 76012

Smitty’s Motor Company Michael Smithey 1900 N Center Ct Bonham, TX 75418

Pana Motors Jofrett Blackman 439 W. Ben White Blvd Austin, TX 78704

S.I.D. Motors Ivan Sampayo 1506 N Zarzamora St San Antonio, TX 78207

SunCoast City Auto Sales Abdulla Shakora 1313 E I65 Service Rd Mobile, AL 36606

Panah Motors, Inc Mike Panah 2244 Austin Hwy San Antonio, TX 78218

Schneck Motor Company Al Schneck 4373 W Northwest Fwy Dallas, TX 75022

SW Auto Bradley Baker PO Box 163313 Fort Worth, TX 76161

Pary’s Auto Sales Karbet Tovi 202 Main Street Garland, TX 75040

Serenity Auto Group, LLC Catherine Monroe 11050 Aldine Westfield Houston, TX 77093

Texas Auto Hunters Rachel Mahl 7180 Grissom Rd, #2 San Antonio, TX 78238

Patriot Auto Sales Eddie Richards 310 Spencer South Houston, TX 77587

Shak’s Auto Sales Khaled Obaid 801 NW 28th Street Fort Worth, TX 76164

Texas Auto LLC Rawshanu Khan 770 E Irving Blvd Irving, TX 75060

ASSOCIATE MEMBERS Alliance Auto Auction of Dallas Christopher Dean 9426 Lakefield Blvd Dallas, TX 75220 Car-Ware Inc Lynn Dooney PO Box 348 Mineral Springs, NC 28108 Carphoria Tracey Trachta 2915 S Sam Houston Pkwy East, Ste 100 Houston, TX 77047 Center Street Finance Steve Burke 200 North Mesquite St, Ste 202 Arlington, TX 76011

Texas Pre-Owned Auto Group Mahmood Akhtar 415 N Greenville Ave Richardson, TX 75081 The Car Network Matthew Oliver 1840 Forest Lane Garland, TX 75042 The Car Zone Rami Alatrach 513 Kudu Trl Harker Heights, TX 76548 Turcios Auto Sales Jolio Cruz 2000 E Division St Arlington, TX 76011

Innovate Auto Finance Guy O’Brien 6707 Brentwood Stair Rd Ste 610 Ft Worth, TX 76112 Kelley Blue Book William Luczo 195 Technology Drive Irvine, CA 92618 LHPH, LLC George Klinke 3111 Camino Del Rio N, #203 San Diego, CA 92108 Metro Auto Auction - Austin Brent Rhodes 8605 Cullen Lane Austin, TX 78748 Metro Auto Auction - Dallas Greg Humphries 1836 Midway Road Lewisville, TX 75056

Twilight Auto Sales Michael Piña 3611 Culebra Rd San Antonio, TX 78228

Preferred Dealer Solutions Kevin Stoll 26 N. Main Rockford, MI 49341

Valley Motors Yancey Greene 5215 River Road Amarillo, TX 79108

Solutions by Text Danny Cantrell 15110 N Dallas Pkwy, #500 Dallas, TX 75248

Veracruz Auto Sales Mike Nader 1400 N. Bell Rd Cedar Park, TX 78613 West End Autos Chase Grier 1557 W San Antonio St New Braunfels, TX 78130

vAuto Siobhan Gallagher 1901 S Meyers Rd, Ste 700 Oakbrook Terrace, IL 60181

Williamson Motor Cars, LLC Rodney Williamson 1425 Justin Rd, Ste 950 Lewisville, TX 75077 44

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September 2015

behind the wheel

Martin

The Next Bill Miller of Your Hometown

ne of my favorite lines in Forrest Gump is when Jenny questions Forrest, “Do you ever dream, Forrest, about who you’re gonna be?” Forrest questions back, “Who I’m gonna be?” After a pause Forrest answers with another question, “Aren’t I going to be me?” I spent a lot of time with Bill Miller of Bill Miller Used Cars in Waco, Texas and I have numerous stories I could share. Bill claimed to have the oldest car lot in Waco and would argue the oldest in the state; his grandfather started the business in 1910. I once asked him who had the second oldest dealership in the state, he laughed and said that was for me to figure out — I still don’t know. Bill was the president of the Heart of Texas Independent Automobile Dealers Association for years. He held some legendary chapter meetings on his houseboat floating along Lake Waco. He was the go-to-guy for anything “Waco”. As a frequent guest at their local chapter meetings, Bill would encourage me to come up early so he could show me around his beloved Waco. I took him up on the offer a couple of times. One such, “show you around Waco trip” included signing up five new members, having lunch with Sen. Kip Averitt at Crickets Draft House and Grill and a visit with State Rep. “Doc” Anderson at the local chapter meeting that night. The day was full of great stories. After visiting about 10 dealers that morning Bill asked me, how many we had signed up? I told him we had five new members. He said,

by Jeff

TIADA EXECUTIVE DIRECTOR

“Hell you can go to the pros batting .500, let’s eat.” He then called up Sen. Averitt and asked him to join us for a late lunch. Between our meetings and various stops Bill educated me on the history of almost every historic building in Waco, including Crickets — it was an old lumberyard. At some point in time one of his family members either owned or operated a business out of most of the old and refurbished building in that area. He was also involved in numerous social clubs and loved heading up fundraising committees to build new facilities — I saw all those too! From the front seat of his pick-up we toured the lake and the zoo. At one point I looked over at him and said, “Bill you are the Forrest Gump of Waco” He laughed that infectious Bill Miller laugh and replied, “No, I’m just the Bill Miller of Waco”. Bill truly enjoyed the annual conference and was a fixture for years but at 78 and battling cancer, he shut down his dealership this year. He sent an email that read: Thank you, I enjoyed every minute that I was a member. I loved the conventions and being on the Board of Directors, but time catches up with all of us. Tell all my friends state wide that I said goodbye. This year we had over 120 dealers attending their first ever annual conference. It’s always exciting to see the new faces but I missed Bill Miller. I wonder of all those new faces, who’s going to get to know their state legislators, who’s going to recruit the new dealers in their area, who’s going to serve on the board and be active in their association. I wonder who’s going to be the next Bill Miller of their hometown.

T e x a s

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September 2015

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