Texas Dealer, July 2013

Victory Industry

A

for the

TIADA Passes Anti-Curbstoning Bill

In This Issue: - Dealers, Temp Tags & Toll Tickets - Michael W. Dunagan on the Adverse Action Notice - Regulation Matters: New ID Rules Effective Sept. 1 - The 2013 TIADA Vendor Directory - Gov. Perry Appoints New TxDMV Board Members

C OL IS CHOICES The place For cpo-eligible invenTorY Fresh oFF-lease vehicles • Honda

Remarketing • Acura Remarketing • Toyota Financial Services • Lexus Financial Services • Volkswagen Credit • Audi Financial Services • GM Financial • Ford Motor Credit • Hyundai Motor Finance • Kia Motors Finance • Porsche Financial Services • Southeast Toyota Finance/CenterOne

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2013 TIADA Board of Directors

texasDealer

PRESIDENT Byron Riley/Uncle Buddy’s PreOwned Autos, LTD. 409 North Loop West Houston, TX 77008 Office: 713.869.3405 Email: byron@unclebuddyauto.com CHAIRMAN OF THE BOARD Scott Allen/Auto Land 5925 E. Belknap Haltom City, TX 76117 Office: 817.834.4222 Email: scotta@goodwheelsgooddeals.com PRESIDENT ELECT Michael Thomasson/Mike Carlson Motor Company 264 Exchange St. Burleson, TX 76028 Office: 817.366.9578 Email: mthomasson@mcmcauto.com SECRETARY Brent Rhodes/Fiesta Motors 5150 Industrial Way Drive Buda, TX 78610 Office: 512.312.2201 Email: brent@fiestamotors.net TREASURER HL Hensley/Automax of Lubbock P.O. Box 5627 Lubbock, TX 79452 Office: 806.744.3533 Email: hl@gospac.com VICE PRESIDENT, WEST TEXAS (REGION 1) James Hobson/H-Town Motors 3714 Dyer Street El Paso TX 79930 Office: 915.564.9797 Email: htownmotors@sbcglobal.net VICE PRESIDENT, FORT WORTH (REGION 2) Ahmed Belmeshkan/New Rio Grande Motors 2000 NE 28th Street Fort Worth, TX 76106 Office: 817.740.0801 Email: newriogrande@yahoo.com VICE PRESIDENT, DALLAS (REGION 3) Kathrine Tolsch/CICO Auto Sales 11050 Harry Hines Blvd.

Dallas, TX 75229 Office: 214.352.9282 Email: ktolsch@verizon.net VICE PRESIDENT, HOUSTON (REGION 4) Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087 Office: 713.641.0980 Email: ryan.winkelmann@sbcglobal.net VICE PRESIDENT, CENTRAL TEXAS (REGION 5) Sonny Paredez/Discount Auto Center 7203 NW Loop 410 San Antonio, TX 78245 Office: 210.680.5600 Email: sonnyparedez@yahoo.com VICE PRESIDENT, SOUTH TEXAS (REGION 6) Trey Crouch/Trey Crouch’s Wheels On Credit 636 E. Business 83 McAllen TX 78501 Office: 956.972.0700 Email: trey@wheelsoncredit.com VICE PRESIDENT AT LARGE Greg Zak/Dixon Motors 7902 North Freeway Houston, TX 77037 Office: 281.931.1300 Email: gzak@windstream.net VICE PRESIDENT AT LARGE Tommy Gregory/Abilene Used Cars Sales Inc. 497 E.S. 11th Abilene, TX 79602 Office: 325.676.8000 Email: aucsinc@sbcglobal.net TIADA EXECUTIVE DIRECTOR Jeff Martin PO Box 127/Round Rock 78680 Office Hours M-F 8:30am - 4:30pm 800.442.5944 • Fax 512.244.6218 jeff.martin@txiada.com

5 Officers’ Message

contents

by HL Hensley, TIADA Treasurer

6 What Do You Mean, “Pink is NOT a Strategy?”

Compiled by Texas Dealer staff

10 Local Chapters 10 2013 Auto Auction Directory & Resource Guide 13 Dealers, Temp Tags & Toll Tickets

by David George

16 Upcoming Events 17 TxDMV Board Continues to Evolve Compiled by Texas Dealer staff

23 Legal Corner: Adverse Action Notices Require Special Planning

by Michael W. Dunagan

35 On The Cover: A Victory for the Industry – TIADA Passes Anti-Curbstoning Bill

by Danny Langfield

41

The 2013 TIADA Vendor Directory

51 Regulation Matters: New ID Requirements Effective September 1

by Danny Langfield

53 Behind the Wheel

by Jeff Martin

54

2014 TIADA Officer Nominees What’s happening at w w w . t x i a d a . c o m ?

DID YOU KNOW... Members can access free legal consultation at any time? Just go to Legal Resources/Legal Consultation Service, enter your question and submit the form. A TIADA staff member or attorney will respond to you directly, usually within one business day.

The Editor of the Texas Dealer magazine is Danny Langfield, Deputy Executive Director 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, P.O. Box 127, Round Rock, TX 78680-0127.

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 The Conference

I

t’s time friends, for the 2013 TIADA Annual Conference & Expo! TIADA staff has been working feverishly over the past few months planning, organizing, and facilitating details for the upcoming event in San Antonio on July 28th – 31st. This year’s agenda includes an outstanding slate of speakers, presenters, and vendors, as well as creative and original roundtable discussion topics that will certainly have everyone excited.

I always look forward to this conference as this is a great opportunity to catch up with friends and families I have not seen since last year. In addition, the TIADA conference marks an important time for me to get caught up on the happenings of our industry from a state level, as well as the best practices of local dealers and vendors.

Every year, I have a real opportunity to learn about state enforcement agencies — often from the leaders of these agencies. This ability to listen and speak directly with these leaders is the real differentiator for me. A few years ago, my dealership was having a difficult time understanding the implementation policies from OCCC on a specific matter. At the TIADA conference, I was able to speak with Commissioner Leslie Pettijohn directly and in turn received very good feedback that solved my implementation confusion on the spot! For me, this conversation more than paid for my entire conference.

While there are several opportunities during the year to attend industry-specific conferences and national conventions, the TIADA conference stands out for me because of what it provides. Every year, the conference delivers: Discussion about ongoing state legislative issues and what our association position is; Applicable changes to the law and follow-up discussion with dealers about implementation;

July/SPECIAL 2013

T e x a s

D e a l e r

by HL

Hensley

Automax of Lubbock TIADA TREASURER

nowledgeable and interactive vendors with an array K of industry specific products; B est practices from outstanding dealers that are always innovating and staying ahead of the curve; Education sessions that never fail to deliver; and, A relaxed, but sincere, environment that me and my family enjoy attending.

In the past I’ve heard, what does TIADA do for me?

Or, why should I attend, when they don’t address my issues? These are valid questions and as a response I will let you know that over the past few years, TIADA has taken roundtable discussions on hot-button topics (i.e., specific issues that affect you) and listed these out for discussion. As curbstoning has been a thorny issue for several years and has been an important topic for all of us, TIADA heard the dealers and began working in earnest to address these laws. I’m happy to say that because of the concerted effort of a few dedicated members and TIADA staff, legislation passed this year that will help us in the future. You will learn more about this and other milestone achievements at the conference!

If you are not quite ready to commit to the conference, I encourage you to go ahead and give it a try. If you don’t find meaningful content at the conference, find me and let me know. I would like to hear from you.

We have a strong contingent of dealers within TIADA that are committed to education and being all-around better dealers. So, if you are willing to learn, and have fun in the process, the TIADA Annual Conference & Expo is the one annual event you should attend. I look forward to seeing you there!

5

feature What Do You Mean, “Pink is NOT a Strategy?”

Compiled by Texas Dealer staff

L

isa Copeland, an expert on the vehicle purchasing habits of women, will be a featured presenter at the 2013 TIADA Annual Conference & Expo.

Lisa’s extensive knowledge of hiring, training and retaining diverse candidates has positioned her as an expert in sales and management. She has been featured in prominent publications including the Wall Street Journal, the New York Times, Marie Claire and Automotive News.

Lisa is also the co-founder of Women Impacting the Nation and The Project 19 Foundation, two non-profit organizations that are dedicated to forwarding leadership roles for women. As the creator of BuyingCarsHerWay.com, she offers inside information to the female consumer in an effort to empower women as consumers.

Texas Dealer staff recently had a chance to ask Lisa about her perspective on women’s buying habits and what to look for from her conference session.

Texas Dealer: CAN YOU TELL US A LITTLE ABOUT YOUR INDUSTRY BACKGROUND AND YOUR CURRENT POSITION? Lisa Copeland: I started my automotive career in 1986 as a sales professional. I have held many positions and come up through the ranks. I am currently the General

Manager at FIAT of Austin. I currently have the privilege to serve on the Chrysler National Dealer council, and run the number one FIAT retailer in North America.

WHAT IS THE BIGGEST MISCONCEPTION INDEPENDENT DEALERS HAVE ABOUT DEALING WITH FEMALE BUYERS? I am not sure that auto dealers truly understand the influence the female consumer has on ALL retail purchases. Whether she is buying, or just an influence, women influence 90% of all purchases. In the family household, she is either making the money or running the family budget and writes the checks.

WHY SHOULD AN INDEPENDENT DEALER BE CONCERNED ABOUT ADDRESSING THIS SPECIFIC DEMOGRAPHIC? As an independent it is important that you address the needs of your female consumers. Studies show that women feel more comfortable dealing in the new car space. Such things as warranties, attractive facilities, after the sale service are the top purchasing motivators for female consumer. You must be able to compete.

CAN YOU GIVE OUR MEMBERS A LITTLE PREVIEW OF WHAT THEY WILL BE LEARNING AT YOUR SESSION AT CONFERENCE, AND WHAT THEY MAY TAKE AWAY FROM IT? I will present ways to authentically enter the women’s market. We will discuss communication styles, closing techniques and proven marketing strategies to entice and retain female consumers. We will also discuss strategies on how to hire, train and retain female and diverse candidates.

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July/SPECIAL 2013

Everything you need to know

to sell more cars.

6 million visitors 866-401-9778

Over 14,000 dealers agree

TIADA DeAler AcADemy 2013 Education Offerings for the Fall Seminar Schedule Dealer 101: Nobody Told Me That!

Keeping Your Dealership Legal & Compliant

2014 Tax Changes: Are You Ready?

Monday, September 16, 2013 – Austin

Monday, October 14, 2013 – Dallas

Wednesday, November 13, 2013 – Arlington

Monday, November 4, 2013 – Houston

Monday, December 2, 2013 – Austin

Thursday, November 14, 2013 – Houston

8:30 a.m. - 5:00 p.m.

9:00 a.m. - 3:30 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

The seminar will focus on advanced financing concepts, with special emphasis on in-house financing, repossession & bankruptcy issues, OCCC compliance and federal regulations.

• 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?

• Record Keeping • Motor Vehicle Sales Tax • Vehicle Inventory Tax • Consignment • Online Sales • Out of State / Out of Country • OCCC: the MVSF License • Federal Requirements

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

$149 per registrant

8:30 a.m. - 12:00 p.m.

Significant changes are coming in 2014, and this session will address how your dealership should prepare, as well as touch on a variety of important tax issues and strategies, including: • Sales Tax on GPS Units • RFC (Related Finance Company) Considerations

• Estate Planning • Infrastructure Issues • Affordable Care Act & Its Impact

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

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

TIADA Membership Application Business Name: ____________________________________________ Select one:

Dealer Member

Associate Member

Contact Person: ____________________________________________ Address: __________________________________________________

2013 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 2014) (all dues include NIADA membership)

PLEASE INDICATE PAYMENT METHOD: Check or Money Order payable to TIADA Check # __________ Credit Card Card Number: __________________________________________________ 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, P.O. Box 127 FAX 512.244.6218

www.txiada.com

512.244.6060

Round Rock, TX 78680-0127 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.

July/SPECIAL 2013

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2 013 T I A D A a u t o a u c t i o n

Local Chapters VICTORIA Alan Wilkinson • AW Motors 361.570.2400 alan@awmotors.com Meeting - 1st Monday (Monthly) FORT WORTH Jerry Smith HJ Smith Automobiles 817.282.0102 hjsmithauto@yahoo.com Meeting - 4th Thursday (Monthly) DALLAS COUNTY Kathrine Tolsch • CICO Auto Sales 214.352.9282 ktolsch@verizon.net Meetings every other month HOUSTON Greg Zak • Dixon Motors 281.931.1300 houstoniada@gmail.com Meeting - 2nd Monday (Monthly) WACO-HEART OF TEXAS Bill Miller • Bill Miller Used Cars 254.753.4161 bmillercars@hot.rr.com Meeting - 2nd Monday (Monthly) For more information contact Eddie Massey, Massey Motors 254.753.6661 SAN ANTONIO Sonny Paredez • Discount Auto Center 210.680.5600 sonnyparedez@yahoo.com Meetings quarterly (dates announced at www.txiada.com) EL PASO James Hobson • H -Town Motors 915.564.9797 htownmotors@aol.com Meeting - 3rd Friday (Monthly) AUSTIN Brent Rhodes • Fiesta Motors 512.312.2201 brent@fiestamotors.net Meetings quarterly BEAUMONT Laura Miller-Sattler Sattler Automotive Group 409.866.2987 lsattler@sattlerautomotive.com Meetings quarterly 10

ABILENE CM Company Auctions 2258 S. Treadaway / 79602 325.677.3555 / 866.310.3555 www.cmauctions.com Gregory Chittum, Owner Thursday: 10:00 AM

AUSTIN America’s Auto Auction Austin / San Antonio 16611 S. IH-35 / Buda / 78610 512.268.6600 www.americasautoauction.com John Swofford, General Manager Tuesday: 1:30 PM

BEAUMONT Beaumont Dealers Auction, Inc. 12151 Highway 90 / 77713 409.866.5677 www.beaumontdealers.com Laura Miller-Sattler, Owner Tuesday: 7 PM Gulf Coast Auto Auction 4450 South 11th Street / 77701 409.840.6000 www.gulfcoastautoauction.com Roger Rashall, General Manager Rocky Rashall Blake Rashall Thursday: 7 PM

CARROLLTON Texas Lone Star Auto Auction 2205 Country Club Drive / 75006 214.483.3597 www.TLSAA.com Jeff Dunning, Jr., General Manager Tim Clement, Assistant GM Michelle Elrod, Office Manager Tuesday: 1 PM / Thursday: 2 PM

CORPUS CHRISTI Big Valley Auto Auction 5661 Agnes St / 78405 361.356.2020 www.bigvalleyaa.com Bernard Watson, Owner Billy Kratz, GM Tuesday: 10 AM

DALLAS / FT. WORTH METROPLEX ADESA Dallas 3501 N. Lancaster-Hutchins Rd / Hutchins / 75141 972.225.6000 Ken Osborn, GM Wednesday: 3 PM - New Car Trade Thursday: 9:30 AM - Consignment/Fleet/Lease America’s Auto Auction - Dallas 219 N. Loop 12 / Irving / 75061 / 972.445.1044 www.americasautoauction.com Robert Hammonds, GM Ruben Figueroa, Assistant GM. Tuesday: 2 PM / Thursday: 2 PM

EL PASO El Paso Independent Auto Auction 7930 Artcraft Road / 79932 / 915.587.6700 www.epiaa.com Lori Pidgeon, GM JD Glover, AGM Wednesday: 10 AM - Fleet/Lease & Dealer Consignment Wednesday: 1 PM as scheduled GSA Public Auction

HARLINGEN / MCALLEN Big Valley Auto Auction 4315 N. Hutto Rd. / Donna / 78537 956.461.9000 www.bigvalleyaa.com Bernard Watson, GM Lisa Harms, alternate contact Thursdays: 10 AM

HOUSTON America’s Auto Auction – North Houston 1440 FM 3083 / Conroe / 77301 / 936.441.2882 www.americasautoauction.com Buddy Cheney, GM Ben Nash, Sales Manager Mondays: 6:30 PM

LUBBOCK Lone Star Auto Auction 2706 Slaton Hwy / 79404 806.745.6606 (local) / 888.299.6606 (toll-free) www.lsaalubbock.com Jim McNulty, Owner Dale Martin, General Manager Wednesday: 10 AM

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directory & resource guide LUFKIN Lufkin Dealers Auto Auction 2109 N. John Redditt Drive / 75904 936.632.4299 Wayne Cook Thursday: 6 PM

ROCKWALL Lakeside Auto Auction 1810 East I-30 / 75087 972.771.9919 www.lakesideaa.com Pete Conley, Owner Tuesday: 7:00 PM

TYLER Greater Tyler Auto Auction 11654 State Highway 64 W / 75704 903.597.2800 Tuesday: 5 PM - Repo Lane Tuesday: 6 PM - Consignment

WACO Heart of Texas Auto Auction (Waco’s oldest auto auction- Proudly serving dealers for 20 years!)

2508 HWY 6 / 76705 / 254.755.7713 www.heartoftexasautoauction.com Allan Wichkoski, Owner Kenny Reigert, General Manager Shirley McMillan, Office Manager Thursday: 7 PM Alliance Auto Auction 15735 N. IH-35 (exit 346) / 76715 254.829.0123 / 254.829.1298 (fax) www.allianceautoauction.com Darren Darnell, GM darren.darnell@allianceautoauction.com Carmen Klaus, Office Manager Every Friday: 10 AM

OKLAHOMA CITY, OK Dealers Auto Auction of OKC 1028 S. Portland / Oklahoma City, OK / 73108 405.947.2886 /405.943.8370 (fax) www.daaokc.com Gary Smith, Owner/President/GM John Reininger, Asst. GM Mike Egdahl, F/L Manager Thursdays: 8:30 AM - Consignment Sale INOP Sale held weekly GSA sale held monthly (open to public) Call for info on sale dates and times Every other Tuesday: 10:00 AM - GM Sponsored Factory Sale July/SPECIAL 2013

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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

11

feature Dealers, Temp Tags & Toll Tickets

by David George

Chief Investigator, (Motor Vehicles), Enforcement Division, Texas Department of Motor Vehicles

T

he Texas Department of Motor Vehicles (TxDMV) has received numerous calls and emails from dealers around the state concerning their receipt of toll and traffic fines. The dealers were identified incorrectly by toll or law enforcement authorities as the owners of vehicles with unpaid toll or traffic fines. After reviewing these cases and pinpointing some common causes, primarily the improper use or safeguarding of e-Tags, the DMV offers the following suggestions which may reduce incidents of misidentification of dealers as owners of vehicles being cited for toll and traffic violations.

e-Tag System Basics:

Every Texas motor vehicle dealer has access to the eTag system (system). Each dealer should have a system administrator who can partner with the DMV to ensure the system is used in a manner which reduces misidentification of dealers as owning a vehicle they no longer own or control. Access to the system is gained by using a unique user ID and password. The system administrator can assign and remove sub-users who are issued their own personal user ID and password to access the system.

All user IDs and passwords should be kept strictly confidential and used only by the assigned user.

A dealer can, through its system administrator, limit the type of access to the system. For example, a dealer may wish to restrict who is authorized to generate certain types of e-Tags, void out tags or assign internet down tags.

When an e-Tag is generated the system records the date and time the tag was generated and the identity of the user who created the tag. This security measure allows the dealer and the DMV to identify when a tag was generated and by who.

A common dealer system error resulting in misidentifying vehicle ownership is failing to ensure only authorized employees, using their own user ID and password, gain access to the system on behalf of the dealer. Some dealers may have frequent employee turnover. When an employee, especially a dealer’s system administrator, leaves employment, the dealer should immediately remove the former employee’s system access. This action will prevent the person from gaining access to the system at a different access point and generating e-Tags under July/SPECIAL 2013

the name of their former employer. When a system administrator leaves employment the DMV should immediately be notified and provided the name of a new administrator who will be issued a different ID and password.

Types of System Issued e-Tags Dealer Agent Tags

These tags are valid from 1 to 60 days, and can be assigned to a specific employee/agent of the dealer. This is one of the most frequently issued e-Tags that is used for multiple purposes and is, therefore, the e-Tag most commonly associated with dealers being misidentified as a vehicle owner.

Some of the most common mistakes made by dealers in the use of these e-Tags are: 1) Dealer places dealer agent tags on vehicles displayed for sale on their licensed premises. There is no legal requirement to do this and it increases the chance of the tag being stolen and subsequently used in an illegal manner.

2) Dealer fails to remove a dealer agent tag on a vehicle delivered and sold at auction or delivered and wholesaled to another dealer. This is another opportunity for the tag to be stolen or misused.

3) Dealer fails to void a dealer agent tag after it is discovered lost or stolen. Stolen tags should be reported to the appropriate law enforcement agency and a report made.

4) Dealer fails to void a dealer agent tag issued to an employee/agent who leaves employment. If the tag is not voided the former employee may misuse it.

One of the most common uses of the dealer agent or the vehicle specific tag is for a consumer to test drive a vehicle in the dealer inventory. Most dealers have a salesperson accompany a consumer on a test drive who can safeguard the e-Tag and witness if the driver uses a toll road or receives a traffic citation.

Vehicle Specific Tag

On occasion, a dealer may allow a consumer to use a vehicle for an extended test drive, such as under the terms of a conditional delivery agreement. In this scenario a vehicle specific tag should be issued and its number recorded and kept with the other transaction paperwork. A copy of the conditional delivery agreement and e-Tag number can serve as proof of who was in control of a vehicle during a 13

specified time period should a potential buyer accumulate toll or traffic violations. Once funding is obtained the vehicle specific tag should be voided and replaced with a buyer tag.

A vehicle specific tag should also be used when a dealer provides a loaner vehicle out of their inventory to a consumer who is having vehicle repairs performed by the dealer. It is recommend that the vehicle specific tag number be noted somewhere on the transaction documents so the dealer can identity who was in control of the loaner vehicle if any toll or traffic violations occur during that time period.

Buyer Tags:

These tags are valid for (60) days from date of issuance. Buyer e-Tags are issued to a buyer after the completion of a retail sale. A buyer tag is issued to a specific consumer and the required sales transaction information is recorded in the system and also in the RTS database which can then be used

by the DMV and law enforcement officers to correctly identify the current owner of a vehicle. Once a retail sale is completed the consumer is responsible for their actions, not the dealer.

When a sales deal is unwound the buyer tag should be voided in the system, but do not destroy the sales records or the dealer copy of the buyer tag receipt. These records offer proof that a consumer had control of a vehicle during a specific period of time.

By properly recording and issuing buyer tags through the e-Tag system, dealers help toll and law enforcement entities correctly identify who is responsible for paying tolls and traffic fines and, more importantly, the dealer may avoid being held responsible for those fines.

Internet-Down Tags:

These tags are valid for 12 months after being printed from the system.

This type of e-Tag is pre-printed for use when access to the internet or

e-Tag system is interrupted and a buyer tag cannot be printed. The tag acts as a substitute for a buyer tag and as such can only be issued to a consumer after completion of a retail sale. Dealers should properly secure access to their internet-down tags and limit access to their use as if they were being issued by the dealer’s system administrator or sub-user. When an internet-down tag is issued to a consumer the dealer must enter the required sales information, including the internet-down tag number, into the system not later than the close of the next business day that the dealer has access to the internet and e-Tag system.

Common dealer errors associated with internet-down tags involve the failing to pre-print their allocation prior to losing connection with the internet or e-Tag system and failing to enter the sales information in a timely manner after access to the internet and system is reestablished.

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Please stop by our booth at the annual TIADA Conference — we’d love to meet you! Or, if you are unable to attend this year’s conference, you may contact us any time for your insurance needs.

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T e x a s

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July/SPECIAL 2013

Failing to do these two things can limit the number of tags that a dealer may pre-print and cause a misidentification of the vehicle’s owner.

The DMV has met with toll and law enforcement agencies and helped educate them on how to identify the correct owner of a vehicle displaying an e-Tag. We will continue our efforts to help reduce or eliminate owner misidentification, but ultimately, a dealer is responsible for ensuring that e-Tags issued in their name are properly used, recorded and safeguarded.

Any or all of the above errors can lead to a toll or other government authority misidentifying a dealer as the owner of a vehicle being used in an illegal manner. By following the proper steps in using the e-Tag system and safeguarding e-Tags, a dealer can significantly reduce the chances of it being misidentified as owing a vehicle and wrongly being held responsible for a fine. This information is provided in hopes of furthering that goal.

For E-Tag technical issues or questions contact the DMV at (512) 302-2020 or by email at mvdcontact@txdmv.gov.

LEGAL REFERENCES: Tex Trans. Code: Sections 503.062 Dealer Temporary Tags and 503.063 Buyer Temporary Tags Tex Admin Code: Title 43 Part 10 Chapter 215 Subchapter E Rules 215.150, 215. 154, 215.155 and 215. 158.

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Upcoming Events TIADA DEALER ACADEMY September 2013 16 Dealer 101: Nobody Told Me That!

November 2013 13 2014 Tax Changes: Are You Ready?

October 2013 14 Keeping Your Dealership

14 Dealer 101: Nobody Told Me That!

Austin, TX

Legal & Compliant Dallas, TX

Arlington, TX

Houston, TX

December 2013 2 Keeping Your Dealership Legal & Compliant Austin, TX

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OTHER TIADA EVENTS July 2013 28-31 TIADA Annual

Conference & Expo Hyatt Hill Country Resort & Spa 9800 Hyatt Resort Drive San Antonio, TX 78251 210.647.1234 Online registration available at www.TiadaAnnualConference.com

28 TIADA Board of Directors Meeting San Antonio, TX (In conjunction with the Annual Conference & Expo)

30 TIADA House of Delegates Meeting San Antonio, TX (In conjunction with the Annual Conference & Expo)

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feature TxDMV Board Continues to Evolve Compiled by Texas Dealer staff

E

arlier this year Governor Perry appointed two new members, Luanne Caraway and Joseph Slovacek, to serve on the Texas Department of Motor Vehicles’ board of directors. He also appointed current board member Johnny Walker to serve as chairman of the board, succeeding the departing Victor Vandergriff, who was recently tapped by the governor to serve as a TxDOT commissioner.

Via email, the Texas Dealer had the opportunity to visit with Mr. Walker as well as the two new members about the future of the TxDMV board, the agency, and the industry in general.

Johnny Walker

BIO: John Walker III of Houston is owner and president of J.H. Walker Trucking. He is a member of the American Trucking Association and a member and past chairman of the Texas Motor Transportation Association. He is a committee member of the Houston Livestock Show and Rodeo and assistant scoutmaster for Boy Scout Troop 641. Walker received a bachelor’s degree from Texas A&M University. He is appointed for a term to expire February 1, 2017.

Texas Dealer: YOU HAVE BEEN ON THE BOARD SINCE ITS INCEPTION. WHAT DO YOU SEE AS THE MOST SIGNIFICANT ACHIEVEMENTS? J. Walker: Let’s start with the inception of the agency. We were created by the 81 Legislative session as a vision of our past Chairman Victor Vandergriff and a few other car dealers and legislators that saw a need for a better mechanism whereas auto dealers, manufactures, trucking companies, tax assessors and the general public would have a seat at the table. It has been a concept that has worked out very well, as a matter of fact, to most it has worked out extremely well. Our past chairman Victor Vandergriff has worked tirelessly in standing up the agency over the past 4 years. He will be an extremely hard person to follow. We have seen the agency come a long way over the past four years and we have all learned a lot. Of the original 9 board members, there are still 3 serving. We have seen some great people come and go. And we have all benefitted by their contributions.

DO YOU FEEL THERE HAVE BEEN ANY SHORTCOMINGS? IF SO, HOW WOULD YOU LIKE TO WORK TO ADDRESS THEM? The agency still has a long way to go July/SPECIAL 2013

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(L to R:) Luanne Caraway, Johnny Walker and Joe Slovacek

and a lot to strive for to be the premier agency in the country.

But I feel confident that we are headed in that direction. We just signed a contract last week to start the implementation of the refactoring project, which some may remember as the Vision 21 project. This will take about 2-5 years to get up and running, but when it is complete, Texas will have the best technology in the country. This will allow us to go to things like e-titles and move more of our business on line and reduce overall cost to the citizens of The State. We have a governor and a legislature that has demanded that we reduce cost and not increase taxes or fees. However, we have still managed to put more money into fund 6 due to the great economy that we have here in Texas. Our permit revenues and registrations are hitting record levels and we will see car registrations exceed 23 million in the next couple of years.

WHAT DO YOU SEE AS THE ROLE OR RESPONSIBILITY OF A STAKEHOLDER LIKE TIADA? I have enjoyed working with your members over the past four years and their representative on our board, Blake Ingram. Blake has been a very active member and has always spoken up on issues that affect the independent car dealers.

I know that some of your members have had some concerns about some of the rules issues that we have had to work through, but remember, we don’t make the laws, we merely implement and enforce them. Our board meetings are always open and we welcome your members to be there and make comments on things that you would like to see done.

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I think that agency has a bright future and we will see a lot of changes as we move forward that will make the agency a more customer friendly environment. Our children will be registering their cars from their PDA in the near future.

Joe Slovacek

BIO: Joseph Slovacek is senior partner at Hoover Slovacek LLP. He is a board member of the Houston Realty Business Coalition, National Association of Industrial and Office Properties, Houston Office Leasing Broker’s Association, and C-Club of Houston, an advisory board member of Texans for Education Reform and the University of Houston Bauer School of Business Real Estate MBA Program, and a member of the Houston Building Owners and Managers Association. He is a member of the Grand Parkway Association Board of Directors, a charter member of the Deer Park Independent School District Educational Foundation, and a past board member of the Incarnate Word Academy and Chapelwood Foundation.

He is also a past member of the Bunker Hill Village City Council, and a former commissioner of Memorial Village Police Department and the Houston – Harris County Sports Authority. Slovacek received a bachelor’s degree and a law degree from the University of Houston. He is appointed for a term to expire Feb. 1, 2015.

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Texas Dealer: AS A PUBLIC MEMBER, WHAT PRIORITIES WOULD YOU LIKE TO SEE THE TXDMV BOARD ADDRESS IN THE SHORT TERM? J. Slovacek: I don’t view my role as creating issues for the staff to deal with at the DMV. After having met most, if not all, of the leadership, I’m confident that the Department is on the right track to complete the separation of all their activities from TxDOT. I don’t view the board’s role as micro-managing the staff but to support their efforts to fully investigate and resolve all of the issues they deal with in the automobile industry.

WHAT ARE SOME OF YOUR LONGER-TERM GOALS? Assist in reducing regulations, simplifying procedures, offering fresh ideas and a common sense approach to resolving problems that might arise within the department and with those citizens that are most affected by the department’s activities.

WHAT MOTIVATED YOU TO SEEK THE NOMINATION TO THE BOARD? Senator Patrick recommended me to Governor Perry for the appointment. My business background, my law practice, and involvement in the automobile industry gave me a perspective of helping find clear and practical solutions to the issues affecting the department. Living and working in the number one state in the

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country, we want to do everything possible to allow the department to continue its success without interfering and over-regulating the already strong commitment to act in the best interest of the department and the state of Texas.

TELL US ABOUT WHEN YOU GOT THE CALL NOTIFYING YOU OF YOUR APPOINTMENT. I was surprised when I received the call. I am honored to know that the Governor trusted me and had confidence in me to act in the best interest of the state of Texas to maintain the department’s reputation as one of the strongest agencies in the state.

WHAT DO YOU SEE AS THE ROLE OF TIADA AS IT RELATES TO THE BOARD? The department needs much input, advice and counsel from those who are most affected by the operations of the department. Fair and realistic expectations and clear communication from TIADA and its members will assure both the department and TIADA’s mutual goals are most likely to be achieved.

Luanne Caraway

BIO: Luanne Caraway of Kyle is the Hays County tax assessor-collector.

She is a member and past president of the Tax Assessor-Collector Association of Texas, a member of the Texas Association of Appraisal Districts and Texas Association of Assessing Officers, a board member of the Texas Association of Counties, and a past member of the Texas School Assessor Association. She is also a member of the Calvary Baptist Church Finance Committee, a past board member of Hays County Crime Stoppers and Central Texas Life Care Center, and past co-chair of Hays High School Project Graduation. She is appointed for a term to expire February 1, 2019.

Texas Dealer: WHAT ARE THE BIGGEST CHALLENGES FOR TAC’S RELATED TO THE MOTOR VEHICLE INDUSTRY? 20

L. Caraway: I believe that we need to work together to build strong relationships in order to put in place the most efficient service possible for the motoring public and to have the most efficient processes for the industry.

WHAT PRIORITIES WOULD YOU LIKE TO SEE THE TXDMV BOARD ADDRESS IN THE SHORT TERM? As a county tax assessor-collector, I feel that I have a good understanding of the vehicle titles and registration division, but need to get a lot better understanding of all of the other facets of the division. The board should make every effort to provide the tools, within the budget, to make this department function at the highest level possible.

TELL US ABOUT SOME OF YOUR LONGER TERM GOALS. The main item on my radar, at this time, is to see the refactoring of the Registration and Titling System (RTS) move forward to completion to provide more efficient processes for all of the motor vehicle industry.

TELL US ABOUT WHEN YOU GOT THE CALL NOTIFYING YOU OF YOUR APPOINTMENT. I was actually on vacation with my school teacher husband during spring break when I received the call. I was very honored and surprised to get the call as I know there were a number of great applicants. I am very pleased to have been chosen to fill this position and hope that I can be a valuable part of this board and make decisions that would be the most beneficial to the department and to the motor vehicle industry.

YOU HAD SOME FAMILIARITY WITH TIADA PRIOR TO YOUR APPOINTMENT. HOW DO YOU SEE OUR ROLE AS A STAKEHOLDER? I believe the most important role for all stakeholders is to communicate and participate in the process so that we all understand the effect of actions taken by the board and the leadership of the department.

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July/SPECIAL 2013

CREE IS LED LIGHTING

driving LED Light.

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Visit cree.com/lighting/auto to view our LED lighting portfolio.

Call us at 800.236.6800

Custom Collateral Protection for the Autostar BHPH Dealer Collateral Protection Insurance Agency and Bill Murphy developed the Collateral Protection Insurance Program for Texas Buy Here Pay Here Dealers.

The three most important things a Buy Here Pay Here Dealer can do: 1. Attend the TIADA Texas Dealer Conference July 28-31 in San Antonio.

2. Go to the CPI Booth, see Bill Murphy, and do what so many other successful Texas Dealers have done, SIGN UP! 3. Reinsurance Questions? Greg Petrowski of GPW, the Premier Firm in setting up Reinsurance Programs for Auto Dealers across the country, will be in the CPI booth to answer your Reinsurance Questions.

Call Bill or Bob and make an appointment for us to show you how we can Customize a CPI Program and maximize your profits.

FOR INFORMATION CALL Bill Murphy

P.O. Box 568 • Huntsville, TX 77342-0568 Cell 512-799-2886 • Fax 512-828-6128 E-mail: murphy.wjm@gmail.com

Bob Burke

P.O. Box 568 • Huntsville, TX 77342-0568 Cell 936-295-0370 or 800-366-0036 Fax 936-295-5358 • E-mail: reb@cpiai.com

legal corner

Adverse Action Notices Require Special Planning

by Michael

S

ince 1977, creditors have been required under federal law to observe anti-discrimination rules in the extension of credit and to notify of credit applicants of certain adverse actions. Regulation B is a federal rule designed to protect consumers from certain unfair acts by creditors in the extension of credit. The rule was issued by the Federal Reserve System pursuant to the Equal Credit Opportunity Act and is enforced by the Federal Trade Commission, state credit regulatory agencies and through private causes of actions.

A fairly simple rule requiring notification to a credit applicant as to why credit is denied, has been complicated by recent changes to the law and the rules governing the use of credit reports in evaluating the credit-worthiness of applicants, as well as the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act). Changes to the notifications requirements that took effect in 2011 have required creditors to look more closely at the form of the adverse credit action notices given to credit applicants.

Prohibited Credit Discrimination An applicant that is otherwise qualified for credit cannot be turned down on the basis of race, color, religion, national origin, sex, marital status, or age (other than minors).

Additionally, the rule doesn’t allow discrimination against those whose income (all or part) is derived from public assistance, or the fact that the applicant has in good faith exercised any right under the Consumer Credit Protection Act (Truth-in-Lending). In conjunction with the prohibition on July/SPECIAL 2013

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discrimination, the rule forbids certain questions on credit applications that might inquire into these areas.

The old triggering event of a turndown or denial of credit has now been broadened under the heading of “adverse action” which can include much more than a turn-down. For instance, adverse action can include a special finance dealer choosing not to submit an application to lenders, or the re-negotiation of credit terms less favorable than the terms already agreed to.

Required Notices

Section 701(d) of the Equal Credit Opportunity Act requires a creditor to provide to an applicant for whom adverse action is taken either: (1) A statement of reasons for taking the adverse action; or (2) A notification of adverse action which discloses the applicant’s right to a statement of reasons within thirty days after receipt by the creditor of a request made by the applicant within sixty days after the written notification.

The Fair Credit Reporting Act has added adverse credit action rules that require disclosure when an adverse action was based in whole or in part on information in a consumer credit report. Adverse action disclosures were expanded to reflect, among other things, the fact that a consumer credit report had been utilized, the source of the credit report, that the consumer has the right to obtain a free consumer report, and that the consumer has the right to dispute the accuracy or completeness of any information in a consumer report.

W. Dunagan

TIADA GENERAL COUNSEL

Then, the Dodd-Frank Act added additional requirements for the disclosures that must be given to a consumer upon a creditor taking adverse credit action based, in whole or in part, on the applicant’s credit score. The new requirements include disclosure of the credit score and information relating to that score.

The Dodd-Frank Act has added to the disclosure requirements the following: (1) A numerical credit score used in making the credit decision; (2) The range of possible scores under the model used; (3) Up to four key factors that adversely affected the consumer’s credit score (or up to five factors if the number of inquiries made with respect to that consumer report is a key factor); (4) The date on which the credit score was created; and (5) The name of the person or entity that provided the credit score.

“Safe-Harbor” Forms

So-called “safe-harbor” disclosure forms were issued by the Federal Reserve Board that combined the requirements of ECOA, Regulation B, FCRA, and the Dodd-Frank Act. The use of one of the five safe-harbor forms is supposed to provide assurance to the user that the legal requirements of the law and rules have been met.

The safe-harbor forms, along with 23

the government report setting out the specifics of the adverse action notice requirements, can be accessed at the TIADA website (txiada.com).

Cash Sellers and Those Who Don’t Participate in the Credit Decision Any dealer that sells only for cash, and is not involved in any credit-issuing decisions made by a bank or credit union, or other direct lender, has no adverse-action obligation.

Buy-Here-Pay-Here Dealers

One important exception to some of the rules’ requirements is that a creditor who does not use a consumer’s credit report in taking adverse action does not have to disclose a credit score or the supporting information about credit reports and credit scores. In the Federal Reserve Board staff comments to the new rules, the statement is made that a creditor who pulls a credit report, but doesn’t consider the credit score in taking the adverse action, does not have to disclose the credit score and related information. However, all creditors, whether credit reports are used or not, must still give a disclosure stating the specific reasons why adverse action was taken along with the mandatory nondiscrimination statements, or a notice that discloses the applicant’s right to a statement of reasons within 30 days after receipt by the creditor of a request made by the applicant within 60 days after the written notification.

A simplified form to disclose reasons for adverse action, that can be used by dealers who don’t pull credit reports, is available from Burrell Printing Company (burrellprinting.com).

Regulation B does allow one exemption from the requirement of sending written notices for certain small businesses. If a creditor received fewer than 150 applications during the preceding calendar year, the notices and statements of reason for adverse action can be given verbally. Thus, a creditor who took in fewer than 150 credit applications in 24

the prior year, and who didn’t utilize any credit reporting services, doesn’t have to give any written notices, but does have to give a verbal statement to an applicant of specific reasons for taking adverse action.

Of course, if a BHPH dealer does pull and considers a credit report in making a credit decision, then one of the long forms, which discloses the FCRA’s additional required information, must be us used. If a credit score is utilized in the decision-making process, then the disclosure must include the additional information, such as the applicant’s credit score, the range of possible scores, up to four key factors that adversely affected the consumer’s credit score, the date on which the credit score was created; and the name of the person or entity that provided the credit score.

non-financing dealer takes a credit application, either in person or by telephone, pulls a credit report, and decides that the application is not worth submitting to finance sources, then that dealer must issue an adverse action notice.

Also, if the special finance dealer, upon checking the application and the credit report, determines that the transaction would have to be renegotiated in order to find a willing funding source, and if the applicant rejects the proposed changes, an adverse action notice would have to be issued. If the changes are accepted by the applicant, no notice is required.

An adverse action notice would have to be issued by the dealer if the dealer is unable to find a funding source for the contract.

Long Form

The rule requires creditors to retain copies of credit applications and supporting documentation, copies of notices of action taken, notices of adverse action, and any statements alleging violations, for 25 months.

The 25-month period begins when the notice of action taken is given to an applicant. The records must be kept indefinitely if a creditor receives notice of a government enforcement action or investigation.

In addition to enforcement by the Federal Trade Commission, the Texas Office of Consumer Credit Commissioner checks licensees for compliance in its investigations and audits.

For those creditors who do utilize a credit report and consider a credit score in making the credit decision, the more extensive disclosure form is required. Model Forms C-1 through C-5, the safe-harbor forms which are part of the Final Rule issued by the Federal Reserve Board, and are accessible at TIADA’s website, offer various ways of meeting the notice requirements, depending on specific types of credit information used. A form that meets the requirements for disclosing the credit score and the related disclosures when a credit score is considered in the credit decision is available from Burrell Printing and can be seen on the TIADA website.

The notice must be sent to anyone who applied for credit, including prospective co-signers and guarantors.

Many dealer management software packages provide adverse-action notification forms.

Special Finance and Indirect Lending

Special finance dealers who do not directly finance the sale of the vehicle may still have adverse action notice obligations. For instance, if a

Keeping Records

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 36 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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MOTOR

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Registration available at www.TiadaAnnualConference.com www.facebook.com/TiadaAnnualConference

LEGISLATIVE SUMMARY What Bills Passed and What Bills Failed, Including: HB 3071 – Dealer lien priority HB 38 – Airbags liability HB 2690 – Curbstoning SB 1567 – Named driver policy disclosure HB 759 – Blue law repeal HB 2305 – Combining registration & inspection stickers HB 894 – Dealer metal plates …and many more.

PLUS: an explanation of the new ID rules that will go into effect on September 1, 2013, and an open Q&A opportunity with the TIADA legislation and compliance team.

Help set our future legislative agenda and be a part of growing our grassroots effort.

BREAKOUT SESSIONS Knockin’ Their Socks Off: How to Generate New Business for Your Dealership

BRING:

DJ Harrington, CSP - Phone Logic, Inc.

What would you do if you got a sock in the mail? How about a shoe? Nationally-recognized speaker and author DJ Harrington, one of the most entertaining figures in our business, will be opening his bag of tricks for all to see. Come to this high-energy session and have your eyes opened to a whole new world of prospecting tools, marketing techniques and outrageous ideas that will get you more customers – and more business.

Pink is NOT a Strategy Lisa Copeland, Buying Cars Her Way

How many dealerships have tried the “Paint it Pink and She Will Come” strategy and failed miserably?

This session will demonstrate how to authentically capture not only her hard earned dollars, but her loyalty and referrals. Lisa will give you tips and strategies that will make your dealership more appealing to women buyers and open doors that were previously shut.

GET:

Here Comes the Judge How to Handle a Notice of Hearing from TxDMV / New Anti-Curbstoning Law Bill Harbeson, TxDMV

TxDMV Enforcement Director Bill Harbeson will walk attendees through the violation process, from the initial records request to the issuance of the final order. He will also touch on the top 10 most common dealer compliance issues and what you can do to avoid them.

PLUS: Bill will review the new anti-curbstoning law and discuss how the agency hopes to work with law enforcement on implementation.

Dealers vs. Consumers: And the Winner Is… Shaun Peterson & Pedro Perez, Attorneys-at-Law

Like a little courtroom drama with your education? This unique session will feature two attorneys squaring off to argue real-life, dealer-vs-consumer cases. Texas Assistant Attorney General Pedro Perez (consumers) will be challenged by NIADA Legislative & Regulatory Counsel Shaun Peterson (dealers).

Attendees will get to cast their vote for the winners, then the moderator will reveal the actual outcome and what it means for the industry. Drama!

That’s right – free money.

Just present your 2013 VIP Auction Card at the TIADA booth at the Expo, and we’ll give you $100 cash.* *Offer valid for Conference registrants only

July/SPECIAL 2013

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EDUCATION FOR PANEL

DISCUSSION

Dealer Roundtable Topics to include…

Family Members in the Business Can They Do That??

Storage Charges & Mechanics Liens Dealership Management Software Challenges Deceased & Incarcerated Customers Growing Up vs.

Growing Out

…and many more!

Don’t Survive, Thrive: What the REALLY Successful Dealers Do Differently National Dealer Panel

What’s it like at the top? What are those guys doing that makes them so good? From marketing & advertising to hiring & managing, panelists from all across the country will share three specific things they do differently than most dealers to keep their businesses at the forefront of the independent auto industry.

Switching From “As-Is” to a Warranty: What’s Involved Michael W. Dunagan, TIADA General Counsel

There is more to selling vehicles with a warranty than just changing which box you check on the Buyer’s Guide.

TIADA’s attorney will discuss the additional documentation required under the Magnuson-Moss Warranty Act and the nature of limited vs. full warranties, implied vs. express warranties and what is meant by warranties of merchantability and fitness. This session will also address the new Buyer’s Guide requirements recently issued by the FTC.

Straight Answers From the OCCC Rudy Aguilar, Office of Consumer Credit Commissioner

What is the difference between paying “restitution” and paying a penalty? What kind of enforcement discretion do examiners have? All OCCC examiners in our business answer to one person: Consumer Protection Director Rudy Aguilar. Rudy will tackle the most frequently misunderstood rules for Motor Vehicle Sales Finance licensees and provide clear, direct answers to your compliance questions.

Understanding Taxability Issues in a Comptroller Audit Curt Swenson, Texas Comptroller

The past year has seen an increase in the number of independent dealers who have been audited by the Texas Comptroller. The key to a successful audit is knowing what products and services are taxable, and understanding the collection and remittance process. From general sales and use to deferred motor vehicle sales tax, discover what your dealership needs to be doing to stay on the right side of the law.

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YOU!

BREAKOUT SESSIONS CONTINUED…

Get That Target Off Your Back Structuring Your Business to Protect Your Assets

NEW! This Summer at the Hyatt…

Larry Oxenham, American Society for Asset Protection

The days of flying under the radar of plaintiff’s attorneys and the IRS are long since over. Lawsuit protection, tax reduction and estate planning are key to your dealership’s longevity and success. Attendees will learn how to: structure a business for lawsuit protection and prevention; reduce liability insurance costs; minimize taxes; and create a successful estate and business succession plan.

FlowRider Wave Machine

The Ups Bus Broke Down: Selling in the 21st Century Jennifer Suzuki, E-DealerSolutions

Do you and your people have the ROCKIN’ sales skill set to be effective with today’s consumer? With her ultra-high energy and humor, Jennifer will show you what that skill set looks like and how to hire the people that have it. Plus: training your current staff – these sales skills CAN be learned! Discover how to arm you and your team with ROCKIN’ phone, email and social media sales skills that will help you close more deals.

The Carrot & the Stick: Collecting the Problem Customer

22ft. Tower Slide

Mark Dubois, Performance Incorporated

If you’re a BHPH dealer, you are all-too-familiar with the “Problem Customer.” Cut ‘em too much slack and they walk all over you, but get too aggressive and they might skip altogether. BHPH Performance 20 Groups Moderator Mark Dubois will show you how to strike a balance between compromise and consequences.

PLUS - Cause and effect: Mark will demonstrate how verification in underwriting can address the problem customer issue - BEFORE it becomes a problem.

PANEL

DISCUSSION

3 Ways to Win the Insurance War BHPH Dealer Panel

Fighting the insurance battle is time-consuming and frustrating for BHPH dealers. Slow-pay, lowball offers, outright denial due to limited policies and other factors have combined to create a severely challenging insurance environment. Come hear from actual dealers about how they have deployed debt cancellation agreements, collateral protection products and standard policies to protect their customers and their vehicles.

Other session topics available at www.TiadaAnnualConference.com

Have a Blast at the Hyatt Regency Hill Country Resort & Spa!

Platinum

Thank You to Our Sponsors

Gold

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July/SPECIAL 2013

Thank You to Our Sponsors

Silver

Bronze PLUS and Bronze n n n n n n

Alliance Inspection Management

Automotive Finance Corporation (AFC)

Berkshire Risk Services

Centrus Auto Finance Excel Finance Co.

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Chase Auto Finance n

Auction123.com AutoRevo

Cadence Insurance

Finance Express

Lane Gorman Trubitt PLLC n

n

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n

n

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AutoZoom

n

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DealersLink Inc.

GO Financial

n

n

ION-GPS

n

Mullen Insurance Agency, Inc.

Protective Asset Protection n

n

United Acceptance Inc.

Westlake Financial Services

n

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Sigma Payment Processing

Tax Refund Services Tax Max

vAuto Genius Labs

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CARS Protection Plus

Copart Auto Auction

Shilson, Goldberg, Cheung & Associates, LLP

Strategic Dealer Services

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Floorplan Xpress LLC

PassTime

AUL Corp.

AutoZone

CARFAX

McNutt Automotive Logistics

NCM Associates

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Specialty Sponsors ACE Morning News: Collateral Protection Insurance Agency Hotel Key Card: ADESA, Inc.

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Lanyard: AutoStar Solutions, Inc.

Sponsorship & Exhibiting Opportunities Are Still Available. CONTACT: Patty Huber patty.huber@txiada.com / 512.310.9795 July/SPECIAL 2013

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Schedule of Events Sunday, July 28

Monday, July 29 (cont’d)

2:00 pm – 8:00 pm Registration / Help Desk

3:00 pm – 4:00 pm (cont’d) Pink is NOT a Strategy Lisa Copeland, Buying Cars Her Way

3:30 pm – 5:30 pm Platinum Sponsor & Officers Activity (by special invitation) 8:00 pm – 10:00 pm Welcome Reception

Monday, July 29 7:00 am – 12:00 pm Registration / Help Desk 7:00 am – 8:00 am Continental Breakfast 8:00 am – 9:30 am Opening General Session – Invisible: How to Sell, Serve & Stand Out in a Digital World T. Scott Gross, Keynoter 9:00 am – 10:00 am Meet & Greet for Spouses/ Guests/Children 9:45 am – 10:45 am Here Comes the Judge: How to Handle a Notice of Hearing from TxDMV Bill Harbeson, TxDMV Don’t Survive, Thrive: What the REALLY Successful Dealers Do Differently National Dealer Panel

Get That Target Off Your Back: Structuring Your Business to Protect Your Assets Larry Oxenham, American Society for Asset Protection 4:15 pm – 5:15 pm Understanding Taxability Issues in a Comptroller Audit Curt Swenson, Texas Comptroller 3 Ways to Win the Insurance War BHPH Dealer Panel Turning Prospects Into Customers: The Art of Lead Management Joe Webb, DealerKnows 5:15 pm – 7:00 pm

Exhibit Hall (Happy Hour with Exhibitors)

7:00 pm –

Open Evening

Tuesday, July 30

The Ups Bus Broke Down: Selling in the 21st Century Jennifer Suzuki, E-DealerSolutions

7:00 am – 10:00 am Registration / Help Desk

The Carrot & the Stick: Collecting the Problem Customer Mark Dubois, Performance Incorporated, an ADP Company

8:30 am – 9:30 am General Session – The Car Business: 10 Things it Took Me 20 Years to Learn Ingram Walters, Keynoter

11:00 am – 12:00 pm Straight Answers from the OCCC Rudy Aguilar, Office of Consumer Credit Commissioner Dealers vs. Consumers: And the Winner Is… Shaun Peterson & Pedro Perez, Attorneys-at-Law Knockin’ Their Socks Off: How to Generate New Business for Your Dealership DJ Harrington, the “CAR-Diologist”, Phone Logic, Inc. The Basics of Transferring Titles Dorothy Starr & Her All-Starrs 12:00 pm – 3:00 pm Exhibit Hall Grand Opening

(Lunch with Exhibitors) 3:00 pm – 4:00 pm Switching From “As-Is” to a Warranty: What’s Involved Michael W. Dunagan, TIADA General Counsel

7:30 am – 8:30 am Continental Breakfast

9:45 am – 12:35 pm Dealer Roundtable Discussions 12:35 pm – 2:15 pm Exhibit Hall

(Lunch with Exhibitors) 2:15 pm – 3:30 pm Legislative Caucuses 3:30 pm – 5:00 pm H ouse of Delegates Meeting (to include Legislative Summary) 6:30 pm – 7:30 pm Awards Ceremony Reception 7:30 pm – 9:30pm

Awards Ceremony/Dinner

Wednesday, July 31 9:00 am – 10:30am Farewell Breakfast

Anyone Can Sell… Can You Collect?

BHPH Dealer Panel 32

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2013 TIADA ANNUAL CONFERENCE & EXPO July 28-31 San Antonio, Texas ANNUAL CONFERENCE REGISTRATION

{ Online Registration NOW AVAILABLE at www.tiadaannualconference.com } Please complete this form and return it with payment in full to: TIADA / P.O. Box 127 / Round Rock, TX 78680-0127.

If paying by credit card, please fax this form to 512.244.6218.

PLEASE PRINT OR TYPE NAME

NAME ON BADGE

COMPANY NAME

PHONE

EMAIL

FAX

MAILING ADDRESS CITY

STATE

SPOUSE / GUEST / CHILD NAME

SPOUSE / GUEST / CHILD NAME

SPOUSE / GUEST / CHILD NAME

SPOUSE / GUEST / CHILD NAME

Conference Costs

EARLY BIRD MEMBER REGISTRATION (on or before 6/28) 1st Registrant

$495

2nd Registrant

$395

3rd & additional Registrants

N/A x $295 ______

N/A = $______ N/A = $______ N/A = $______

STANDARD MEMBER REGISTRATION (after 6/28) 1st Registrant

$595

= $______

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2nd Registrant 3rd & additional Registrants OTHER Non-member Registration Family Members / Guests*

*Does NOT include Education

______ x $795 ______ x $75*

= $______ = $______

______ x $0 SUB-TOTAL

= $______ = $______

Ticketed Events

Presidential Awards Dinner ______ x $0 Presidential Awards Dinner(under 10) ______ x $0 Farewell Breakfast (Wed. 7/31) ______ x $0 r FIRST TIME ATTENDEE

Payment Information CHECK APPROPRIATE PAYMENT METHOD: Enclosed is my check for $________ made payable to TIADA. TIADA is hereby authorized to execute payment to the following credit card: r AmEx r Discover

GRAND TOTAL

= $______ = $______ = $______ = $ __________

Due to contractual obligations, no refunds will be given for any reason after July 13, 2012.

For special meal requirements, please contact TIADA.

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(include children 10 and older)

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HOtEL AccOmmOdAtIONs: Please contact the hotel directly to make hotel accommodations.

Hyatt Regency Hill Country Resort 9800 Hyatt Resort Drive / San Antonio, TX 78251 Room Reservations: 888.421.1442

on the cover

by Danny Langfield

TIADA Deputy Director

Victory Industry

A

for the

TIADA Passes Anti-Curbstoning Bill “Curbstoning…

Is There a Solution?”

T

hat headline appeared on the cover of the February 2011 edition of the Texas Dealer magazine. The story inside described a patchwork of municipal ordinances that attempted to address the issue at the city level, and bemoaned the lack of an effective state law.

“The way to stop a curbstoner is to take away the car.”

That sub-headline within the story reflected the prevailing view of law enforcement as well as the dealers who had been involved in fighting curbstoning for many years in their local areas. The story went on to announce the formation of a workgroup organized and led by TIADA that would be charged with studying the issue and proposing recommendations for state-level solutions.

HB2690

The culmination of the TIADA workgroup’s effort was the filing of House Bill 2690 on March 6, 2013. The bill, authored July/SPECIAL 2013

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by Rep. Gary Elkins (R – Houston) creates a new section of the Texas Transportation Code in Chapter 503 (see pg. 38 for the complete bill text). The bill allows any peace officer in the state, regardless of location, to take action against a person who is engaged in business as a dealer without a license. When an officer has probable cause that a vehicle is being offered for sale by an unlicensed person, the officer can attach a notice to the vehicle stating that the vehicle may be towed in two hours if not removed.

“Curbstoning victims often get saddled with damaged, dangerous, or uninsurable vehicles, by which time the curbstoner is long gone with their cash,” said Sergeant Michael Provost of the Vehicular Crimes Division of Texas State Representative Gary Elkins the Houston Police Department, 35

a member of the TIADA workgroup.

“The new curbstoning law empowers police officers to enforce the law by writing tickets and having vehicles towed. HB 2690 is going to be a great asset for police officers all over this state.”

“I am excited that the Legislature has provided law enforcement with another tool in their partnership with TXDMV and our licensed dealers in fighting curbstoning,” said TxDMV enforcement director Bill Harbeson, who was a key resource for the association in the crafting of the bill. “In the past, law enforcement has been limited in what they can do when they discover a vehicle known to be curbstoned and the seller does not show up. Now the officer can order a tow of the vehicle.”

Under the provisions of the new law, a vehicle that is not removed within the two hour notice period may be towed and stored at a vehicle storage facility (VSF). The law also provides that, once notice has been attached, a peace officer may prevent the vehicle from being removed by the curbstoner unless the person provides evidence of ownership in the person’s name. This presents a serious obstacle to the curbstoner who, to avoid paying the state motor vehicle sales tax, typically does not title and register the vehicle in his or her own name. As a result, that individual does not have the proof-of-ownership documents required to avoid having the vehicle towed or to release the vehicle from the VSF once it has been towed.

Rep. Elkins, who authored the bill, provided his perspective on curbstoning: “Currently a consumer has no recourse when purchasing a vehicle from an unlicensed seller. I know first-hand since I have an employee that unknowingly purchased a vehicle from an unlicensed seller and she is still trying to get a clear title,” stated the Representative. “I believe the passage of HB 2690 will provide consumer protection for our citizens

against these unscrupulous sellers that to a large extent, severe tax fraud betake advantage of an individual simply ing committed by these unlicensed looking to buy a car.” dealers. These activities create an at“The passage of this mosphere that negativebill is a victory for the inly affects the quality of dustry,” said Jeff Martin, life for our constituents TIADA executive direcand communities,” contor. “A lot of our dealers cluded Ellis. worked hard for this moAt the urging of ment. A special thanks TIADA, HB 2690 was goes to all our members amended in the house who emailed and called to allow “a peace officer, their legislators in supan appropriate local govport of this bill — their ernment employee, or an efforts paid off.” investigator employed The association was at by the department” to Texas State Senator great pains to ensure that attach notice to the veRodney Ellis the new legislation did hicle. This was done not affect the rights of an to allow TxDMV, local individual to sell his or her own vehicle. code enforcement officials and peace The wording of the bill was structured officers to work cooperatively on enso that its provisions only applied to forcement of the law. those individuals engaged in business “This bill will help law enforceas a dealer in violation of the law. ment in their efforts to prevent auto “The issue of illegal automobile sales theft and title fraud,” said Lon Craft, is both a consumer protection issue Director of Legislative Affairs for the and a public safety threat,” stated Sen. Texas Municipal Police Association, Rodney Ellis (R – Houston), who spon- who supported the bill. “When a curbsored the legislation on the Senate side. stoner illegally offers a vehicle for sale, it is anybody’s guess as to who the real owner is, or whether the title is true. We think this bill will help identify title fraud and help prevent the resale of stolen vehicles.”

Passage of the bill was featured in the San Antonio Express-News as well as the Houston Chronicle.

“Part of our job as an association will now be to help educate law enforcement on this new statJeff Martin, TIADA Executive Director ute,” said Martin. “Curbstoning has always been, and will con“Consumers are often left without tinue to be, a local enforcement issue. any recourse when they encounter Hopefully, thanks to the efforts of our problems with such vehicles, due to workgroup, the agency, Rep. Elkins the unlawful seller not being the per- and Sen. Ellis, local law enforcement son to whom the vehicle is titled,” the will now have some more weapons in senator continued. “These vehicles their arsenal to crack down on unliinundate city streets and residential censed dealers.” areas, commonly have flood-damSaid Sen. Ellis, “I believe HB 2690 aged or salvage titles and often can- gives cities a valuable and effective way not be properly licensed or insured. to go after curbstoners and clean up Salvage titled vehicles often lack the this illegal activity from our streets and basic safety features required for op- neighborhoods.” eration on our roadways. There is also,

“The passage of this bill is a victory for the industry. A lot of our dealers worked hard for this moment.”

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(Read full “HB No. 2690” bill language on pg. 38)

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July/SPECIAL 2013

H.B. No. 2690

AN ACT relating to the sale of a vehicle by an unlicensed seller; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 503, Transportation Code, is amended by adding Section 503.096 to read as follows: Sec. 503.096. TOWING OF VEHICLES. (a) If a person is engaged in business as a dealer in violation of Section 503.021, a peace officer may cause a vehicle that is being offered for sale by the person to be towed from the location where the vehicle is being offered for sale and stored at a vehicle storage facility, as defined by Section 2308.002, Occupations Code. (b) A peace officer may cause the vehicle to be towed under Subsection (a) only if: (1) the peace officer has a probable cause that the vehicle is being offered for sale by a person engaged in business as a dealer in violation of Section 503.021; (2) the peace officer has complied with the notice requirements under Subsection (c); and (3) the notice under Subsection (c) was attached to the vehicle not less than two hours before the vehicle is caused to be towed. (c) Before a vehicle may be towed under Subsection (a), a peace officer, an appropriate local government employee, or an investigator employed by the department must attach a conspicuous notice to the vehicle’s front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating: (1) the make and model of the vehicle and the license plate number and vehicle identification number of the vehicle, if any; (2) the date and time that the notice was affixed to the vehicle;

(3) that the vehicle is being offered for sale in violation of Section 503.021; (4) that the vehicle and any property on or in the vehicle may be towed and stored at the expense of the owner of the vehicle not less than two hours after the notice is attached to the vehicle if the vehicle remains parked at the location; and (5) the name, address, and telephone number of the vehicle storage facility where the vehicle will be towed. (d) Once notice has been attached to a vehicle under Subsection (c), a peace officer may prevent the vehicle from being removed by a person unless the person provides evidence of ownership in the person’s name or written authorization from the owner of the vehicle for the person to offer the vehicle for sale in a manner other than by consignment.

SECTION 2. This Act takes effect September 1, 2013.

President of the Senate

Speaker of the House

I certify that H.B. No. 2690 was passed by the House on May 10, 2013, by the following vote: Yeas 116, Nays 20, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2690 on May 23, 2013, by the following vote: Yeas 109, Nays 37, 2 present, not voting.

Chief Clerk of the House I certify that H.B. No. 2690 was passed by the Senate, with amendments, on May 21, 2013, by the following vote: Yeas 28, Nays 2.

Secretary of the Senate

SALE SCHEDULE Better Business Through Superior Customer Service!

38

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We’re hiring your new F&I manager.

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Protective Asset Protection has been serving auto dealers of all sizes for 50 years. We know your job is tough – that’s why we’re in the process of getting you some help with your finance and insurance solutions. So, be on the lookout for your new addition. We’ll be making the big announcement soon.

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DALLAS 3501 N. LANCASTER-HUTCHINS RD HUTCHINS TX, 75141 972-284-4700

HOUSTON 4526 N SAM HOUSTON PWY W HOUSTON TX, 77086 281-580-7755

AMERICA’S AUTO AUCTION

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AUSTIN

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16611 South IH 35, Buda TX, 78610 512.268.6600 219 N. Loop 12, Irving TX, 75061 972.445.1044

NORTH HOUSTON • MON. AT 6:30PM 1440 FM 3083, Conroe TX 77301 936.441.2882

DALLAS AUSTIN NORTH HOUSTON

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For More Information Visit: www.americasautoauction.com John Swofford TX. Auctioneer License #13679

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2013 TIADA Vendor Directory A Complete Listing of TIADA’s Associate Members compiled by Texas Dealer staff The following is a complete list of the current associate members of TIADA as of 06/13/2013. A listing with an asterisk (*) indicates an advertiser, and a highlighted listing indicates an Annual Conference sponsorship level of Silver or higher. Entries are alphabetical by category. Categories are: Auction; Consulting; CPA/Accounting; Dealer Supplies/Services; Education; Finance/Banking; Forms/Printing; GPS/Payment Protection; Insurance; Legal Services; Recovery; Software; Vehicle Listing; and Warranties.

TIADA thanks all our vendor members for their continued support of the association and the industry.

AUCTION

AMERICA’S AUTO AUCTION* (Pg. 40)

BELTON AUTO AUCTION

AMERICA’S AUTO AUCTION – AUSTIN* (Pg. 40)

BIG VALLEY AUTO AUCTION

5949 Sherry Ln. #1250, Dallas, TX 75225 P 214.736.7904 • F 972.739.6707 john.stodghill@americasautoauction.com

ADESA AUSTIN, INC.

2108 Ferguson Lane, Austin, TX 78754 P 512.873.4000 ryan.booth@adesa.com

ADESA DALLAS* (Inside Front Cover)

3501 Lancaster Hutchins Rd., Hutchins, TX 75141 Kenny Osborn P 972.225.6000 • F 972.284.4799 ken.osborn@adesa.com www.adesa.com

ADESA SAN ANTONIO

200 S. Callaghan Road, San Antonio, TX 78227 P 210.434.4999 • F 210.431.0645 sdamato@adesa.com

ALLIANCE AUTO AUCTION OF ABILENE 6657 US Hwy 80 W, Abilene, TX 79605 P 325.698.4391 • F 325.691.0263 michael.healer@allianceautoauction.com allianceautoauction.com Dealer Only Auto Auction

ALLIANCE AUTO AUCTION OF LONGVIEW 6000 SE Loop 281, Longview, TX 75602 P 903.212.2955 • F 903.212.2956 jeff.loftin@allianceautoauction.com allianceautoauction.com Dealer Only Auction Auction

ALLIANCE AUTO AUCTION OF WACO 15735 North Interstate 35, Elm Mott, TX 76640 P 254.829.0123 • F 254.829.1298 tim.adams@allianceautoauction.com allianceautoauction.com Dealers Only Auto Auction

16611 IH-35, Buda, TX 78610 P 512.268.6600 • F 512.268.6607 marilyn.griggs@americasautoauction.com

AMERICA’S AUTO AUCTION – NORTH HOUSTON* (Pg. 40)

1440 FM 3083, Conroe, TX 77301 P 936.788.2881 • F 936.788.2842 buddy.cheney@americasautoauction.com Dealer only auction since 1992. Every Monday night at 6:30

AUCTION SYSTEMS OF ABILENE

212 E Loop 121, Belton, TX 76513 P 254.899.2886 • F 254.613.4582 sold@beltonautoauction.com www.beltonautoauction.com 4315 Hutto Road, Donna, TX 78537 P 956.461.9000 • F 956.461.9005 mariaacuna1011@bigvalleyaa.com

BIG VALLEY AUTO AUCTION – CORPUS CHRISTI 5661 Agnes, Corpus Christi, TX 78405 P 956.461.9000

C.M. COMPANY AUCTIONS

2258 S. Treadaway, Abilene, TX 79602 P 325.677.3555 • F 325.677.2209 sales@cmauctions.com

7700 US Hwy. 277, Abilene, TX 79601 P 325.675.0699 • F 325.675.5073 dowens@texassalvagepools.com www.texassalvagepools.com We do liquidation of salvage vehicles, repos and dealer consignments bi-weekly every other Thursdays starting at 10:00 a.m.

COPART INC.

BEAUMONT DEALERS AUCTION, INC.

DEALERSLINK

12151 Hwy. 90 W, Beaumont, TX 77713 Laura E. Miller P 409.866.5677 • F 409.866.9628 lmiller@beaumontdealers.com www.beaumontdealers.com The Beaumont Dealers Auction has been a mainstay in the automotive industry of Southeast Texas and Southwest Louisiana for over 40 years.

950 Blue Mound Road West, Haslet, TX 76052 Jackie Taylor P 817.231.4500 jackie.taylor@copart.com www.copart.com Auto Auction 11001 West 120th Ave, Suite 400, Broomfield, CO 80021 Brian Williams P 877.859.7080 x 305 • F 303.374.7212 brian@dealerslink.com www.dealerslink.com DealersLink® has been eliminating wholesale transaction fees for 8 years with over $1/2 billion of used inventory available 24/7.

BHPH!

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July/SPECIAL 2013

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EL PASO INDEPENDENT AUTO AUCTION* (Pg. 15)

I-10 AUTO AUCTION OF SAN ANTONIO P.O.Box 618, Castroville, TX 78009 P 210.648.2225 • F 210.648.2125 bradm@machineryauctioneers.com

7930 Artcraft Road, El Paso, TX 79932 P 915.496.6052 • F 915.587.6701 lpidgeon@epiaa.com www.epiaa.com Full service, in-lane & online wholesale auto auction

INSURANCE AUTO AUCTIONS – HOUSTON* (Pg. 47)

2535 W. Mt. Houston Rd., Houston, TX 77038 P 281.847.4700 • F 281.847.4799 tlozano@iaai.com

GREATER TYLER AUTO AUCTION 11654 Hwy. 64 W, Tyler, TX 75704 P 903.597.2800 • F 903.597.3848 greatertylerautoauction@yahoo.com

LAKESIDE AUTO AUCTION

HEART OF TEXAS AUTO AUCTION

P.O. Box 23404, Waco, TX 76712 P 254.755.7713 • F 254.755.7746 hotaa1@aol.com We are Waco’s oldest and most reliable Auto Auction; 22 years of serving Central Texas Dealers.

1810 East I-30, Rockwall, TX 75087 P 972.771.9919 • F 972.722.4827 conleypmc@aol.com

LONE STAR AUTO AUCTION 2706 Slaton Hwy, Lubbock, TX 79404 P 806.745.6606 • F 806.745.9280 cory@lsaalubbock.com

LUFKIN DEALERS AUTO AUCTION

HOUSTON AUTO AUCTION* (Pg. 38)

2109 N. John Redditt Drive, Lufkin, TX 75904 P 936.632.4290 • F 936.632.4218 lufkinauction@yahoo.com

6767 North Freeway, Houston, TX 77076 P 713.328.0723 • F 713.644.0889 ghardin@houstonaa.com

Manheim is the world’s leading provider of vehicle remarketing services, connecting buyers and sellers to the world’s largest, most comprehensive wholesale marketplace through its extensive in-lane and digital offerings. Visit us at www.manheim.com.

MANHEIM DALLAS* (Back Cover) 5333 W. Kiest Blvd., Dallas, TX 75236 P 405.606.2800 • F 405.606.2890 wayne.carey@manheim.com

MANHEIM DALLAS FORT WORTH – TRINITY* (Back Cover) 12101 Trinity Blvd., Fort Worth, TX 76040 F 817.399.4000 • F 817.399.4251 nicole.graham@manheim.com

MANHEIM EL PASO

485 Coates Drive, El Paso, TX 79932 P 915.833.9333 • F 915.581.9645 michael.meyer@manheim.com

MANHEIM HOUSTON

14450 West Road, Houston, TX 77041 P 281.890.4300 • F 281.890.7953 amanda.doyle@manheim.com

MANHEIM SAN ANTONIO

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2042 Ackerman Road, San Antonio, TX 78219 P 210.661.4200 • F 210.662.3113 eddie.piatnik@manheim.com

MANHEIM TEXAS HOBBY

8215 Kopman Road, Houston, TX 77061 P 713.640.8308 • F 713.640.6280 elaine.aman@manheim.com

METRO AUTO AUCTION

1306 Glenfield Ct., Round Rock, TX 78664 P 512.282.7900 • F 512.282.8165 demlrhodes@msn.com www.metroautoauction.com

SMARTAUCTION

1368 Edmonton Drive, Lewisville, TX 75077 P 214.717.7528 jerry.weston@ally.com

SPARKLING CITY AUTO AUCTION 13510 Toepperwein, San Antonio, TX 78233 P 361.767.4100 • F 361.767.9840 wwalker@sparklingcityaa.com

TEXAS LONE STAR AUTO AUCTION 2205 Country Club Drive, Carrollton, TX 75006 P 214.483.3597 • F 214.483.3814 jeffjr@tlsaa.com www.tlsaa.com

USA AUTO AUCTION, INC.

3208 E. 10th Street, Amarillo, TX 79104 P 806.374.8982 • F 806.374.8984 usaautoauction@yahoo.com www.usaautoauction.biz

VICTORIA AUTO AUCTION PO Box 2432, Victoria, TX 77902 P 361.576.0058 vaa@icsi.net

CONSULTING MELANIE JONES CONSULTING

148 Clover Lane, Decatur, TX 76234 P 940.393.6500 Mj@melaniejonesconsulting.com BHPH consulting underwriting and collections

NCM ASSOCIATES

10551 Barkley St, Overland Park, KS 66212 Gene Daughtry P 913.649.7830 • F 913.649.7829 gdaughtry@ncm20.com www.ncm20.com NCM provides 20 Groups, training, consulting and benchmarking for franchise, independent and BHPH dealerships.

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CPA/ACCOUNTING CLIFTONLARSONALLEN LLP

5001 Spring Valley Rd. Suite 600W, Dallas, TX 75244 Kevin Roy or Banks Woodward P 972.383.5700 • F 972.383.5750 kevin.roy@cliftonlarsonallen.com www.cliftonlarsonallen.com CPA’s and consultants with deep industry experience to help drive dealerships and owners to financial success.

TVO – TVII ACCOUNTING SERVICES

GULF COAST BALLOONS & PROMOTIONS

DEALER SERVICES/SUPPLIES

EDUCATION

ALLIANCE INSPECTION MANAGEMENT

LEEDOM & ASSOCIATES

1511 Westmont Dr, Allen, TX 75013 P 214.220.9315 • F 972.396.4937 dougpopinotvii@yahoo.com

11203 St. Laurent Lane, Houston, TX 77082 P 800.562.8439 • F 210.967.8787 dave@gulfcoastballoons.com

4975 Preston Park Blvd #400, Plano, TX 75093 P 972.202.8000 • F 972.202.8010 derek.northup@cornwelljackson.com

330 Golden Shore #400, Long Beach, CA 90802 Ryan Degner P 562.495.8851 • F 562.432.6963 rdegner@aiminspections.com www.aimdealerinspections.com 3rd party inspection provider with a multi-platform selling tool titled AiM MarketConnect.

LANE GORMAN TRUBITT, PLLC

AUTO DATA DIRECT, INC.

CORNWELL JACKSON

2626 Howell Street, Suite 700, Dallas, TX 75204 P 214.461.1516 • F 214.871.0011 jleary@lgt-cpa.com www.lgt-cpa.com With a dedicated automotive group, LGT has the industry experience to serve your accounting needs.

PATTILLO, BROWN & HILL, LLP

401 West Hwy 6, Waco, TX 76710 P 254.772.4901 • F 254.772.4920 csulak@pbhcpa.com www.facebook.com/CodyWSulak Certified Public Accountant with expertise in new and used auto dealers

SHILSON, GOLDBERG, CHEUNG & ASSOCIATES, LLP

2180 N. Loop W. Ste 260, Houston, TX 77018 P 713.290.8171 • F 713.290.8183 steveng@sgcaccounting.com We specialize in serving BHPH dealers and related finance companies across the country.

TAX REFUND SERVICES TAX MAX 7815 Temple Terrace Hwy, Tampa, FL 33637 P 813.987.2199 • F 813.983.0187 trs@taxrefundservices.com www.taxmax.com Dealer Customer Tax Refund Specialists

1379 Cross Creek Circle, Tallahassee, FL 32301 P 850.877.8804 msamaan@add123.com Provide point-of-sale products for dealers and web based tools

AUTOZONE

FINANCE/BANKING

AUTO ONE ACCEPTANCE, LLC.

433 E. Las Colinas Blvd Suite 600, Irving, TX 75039 Merril Davis P 972.581.0171 • F 972.827.3725 BHeath@autooneacceptance.com www.autooneacceptance.com Portfolio Purchasing and Point of Sale (Indirect) Financing.

901 Hwy. 685, Pflugerville, TX 78660 P 800.252.9154 • F 512.990.3001 mbolles@burrellprinting.com www.burrellprinting.com

5860 Trinity Parkway Suite 600, Centreville, VA 20120 P 703.934.2664 michellehart@carfax.com 101 E. Broadway, Tulia, TX 79008 P 806.995.2200 • F 806.995.9999 chestersweb@yahoo.com

3307 61st Terrace E, Ellenton, FL 34222 P 941.729.2357 • F 941.866.7530 mark.dubois@adp.com http://www.performance20groups.com/ Performance Incorporated provides BHPH training, consulting, cash flow projections, and BHPH “20 Groups.”

6335 Camp Bullis Road, San Antonio, TX 78257 P 210.530.0500 • F 210.530.0502 eric@alamofinancialcorp.com Purchase Finance Contracts

BURRELL PRINTING CO., INC.* (Pg. 25)

CHESTER’S AUTO DEALER SUPPLY

PERFORMANCE INCORPORATED

ALAMO FINANCIAL

123 S. Front Street, Memphis, TN 38103 Wendy Ragle Chester P 866.727.5317 • F 866.354.2922 wendy.ragle@autozone.com www.autozonepro.com Quality automotive parts and accessories

CARFAX

3700 Tamiami Trail, Sarasota, FL 34239 P 941.371.7999 • F 941.371.2874 diann@leedomgroup.com

AUTOMOTIVE FINANCE CORPORATION (AFC)* (Pg. 40)

13085 Hamilton Crossing Blvd., Carmel, IN 46032 P 888.345.0600 • F 866.550.5439 contactus@autofinance.com Automotive Finance Corporation (AFC) is the premier capital funding source for the used car industry.

SPECIALIZING IN THE INSURANCE NEEDS OF THE TEXAS USED CAR DEALER FOR OVER 25 YEARS

• Garage Liability • Dealers Open Lot • Wreckers & Haulers

• Dealer Bonds • Garagekeepers • Workers Compensation

(800) 727-7124 Contact Mike Pool or John Mahaffey for a competitive quote. m.pool@teiinsurance.com • j.mahaffey@teiinsurance.com P.O . Box 850746 • Mesquite, TX 75185 • (972) 288-3266 • Fax (972) 288-2608 www.teiinsurance.com July/SPECIAL 2013

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AUTOMOTIVE FINANCE CORPORATION (AFC)* (Pg. 40)

LMB FINANCIAL

3501 N Lancaster-Hutchins Rd, Hutchins, TX 78141 P 972.284.4700 Automotive Finance Corporation (AFC) is the premier capital funding source for the used car industry.

P.O. Box 12259, San Antonio, TX 78212 P 210.308.9833 • F 210.308.9849 lmbfinancial@sbcglobal.net

LOBEL FINANCIAL* (Pg. 34)

201 E. Abram Street Suite 120, Arlington, TX 76010 P 817.769.8505 • F 817.462.1692 sean.barber@bonfirecapitalgroup.com Provide sub prime financing for independent dealers

85 NE Loop 410, Ste 130, San Antonio, TX 78216-5862 P 210.541.9500 • F 210.541.9501 acgarcia@lobelfinancial.com www.lobelfinancial.com Sub Prime Auto and Truck Financing; Purchasing Automobile Sales Contracts.

CAR FINANCIAL SERVICES, INC.

MID-ATLANTIC FINANCE COMPANY

BONFIRE CAPITAL GROUP, LLC

1000 South Main St., Suite 100, Grapevine, TX 76051 P 972.538.2030 • F 972.393.4285 perry.allen@carfinancial.com

CENTRUS AUTO FINANCE

8330 LBJ Freeway, Ste 300, Dallas, TX 75243 Tommie Gunville P 904.899.8333 • F 904.899.7333 tgunville@mark1holdings.com www.centrusaf.com Finance/Lender

CHASE AUTO FINANCE

900 Steward Avenue Floor 6, Garden City, NY 11530 Sophia Traitses P 516.745.4668 sophia.traitses@jpmorgan.com www.chasedealer.com Chase Auto Finance is a leading national provider of Prime to Non-prime retail financing.

515 N. Sam Houston Pkwy #180, Houston, TX 77060 Kip Cochran P 866.707.6131x276 • F 727.324.1388 kip@midfinance.com www.midfinance.com Bulk Purchases, Payment Streaming, Point of Sale Financing, Asset Protection.

MOTOR FINANCE CO

P.O. Box 176, San Antonio, TX 78291 P 210.227.9191 • F 210.227.1451 kim@motorfinanceco.com

NATIONAL AUTO LENDERS, INC

14645 NW 77 Avenue Ste 203, Miami Lakes, FL 33014 P 305.828.8820 • F 305.722.3646 accounting@nalenders.com www.nalenders.com

NEXTGEAR CAPITAL

20855 Stone Oak Pkwy Bld. A Floor 1 San Antonio, TX 78258 P 512.461.0309 bert.j.perez@chase.com Finance/Banking

1320 City Center Drive Suite 100, Carmel, IN 46032 Lori Kahre P 317.571.3845 • F 866.820.2134 lkahre@nextgearcapital.com NextGear Capital provides inventory financing to floor plan vehicles for Retail, Wholesale, Salvage or Specialty purchases.

EXCEL FINANCE COMPANY

PADRON FINANCIAL, LLC

CHASE CUSTOM FINANCE

2101 Lakeway Blvd Suite 200, Lakeway, TX 78734 Rosemary Johnson P 512.608.0035 • C 512.705.2407 rjohnson@excelfinco.com

FINANCE EXPRESS LLC

30071 Tomas Ste 250 Rancho Santa Margarita, CA 92688 P 949.635.5892 tbauman@fexdms.com

PERITUS PORTFOLIO SERVICES LLC* (Pg. 49)

FLOORPLAN XPRESS LLC

8101 Cameron Rd #301, Austin, TX 78754 Robert Villucci P 402.339.1200 • F 512.339.1209 rvillucci@fpxus.com http://fpxus.com Floorplan Xpress provides a fast and flexible solution to your floor planning needs.

GO FINANCIAL

4020 E Indian School Rd, Phoenix, AZ 85018 P 888.463.4626 • F 866.200.2270 heather.patruska@gofinancial.com www.gofinancial.com GO provides subprime, non-recourse financing with real-time decisions through our interactive GO Portal.

GULF STATES FINANCE COMPANY 3100 Edloe, Houston, TX 77027 P 713.418.7280 • F 713.622.7067 tjn@gulfstatesfinance.com www.gulfstatesfinance.com

INDEPENDENT DEALER SERVICES

8866 Gulf Freeway Suite 140, Houston, TX 77017 P 281.822.8555 wbateman@idsmgmt.com Finance Company

INNOVATIVE FUNDING SERVICES

14205 Burnet Road Suite #400, Austin, TX 78728 P 512.336.8700 • F 512.336.8704 jmorrow@ifs4u.com www.ifs4u.com

July/SPECIAL 2013

T e x a s

13612 Midway Road Suite 310, Dallas, TX 75244 P 214.914.1096 jdog146706@aol.com We specialize in factoring receivables (payments) for BHPH dealers. Call for futher information.

D e a l e r

545 S. Nolen Drive Suite #300, Southlake, TX 76092 Rod A. Heasley P 866.9831.5954 x4002 • F 817.796.2744 rodh@peritusservices.com www.peritusservices.com A Texas based relationship company, we purchase bulk accounts receivables and open bankruptcy accounts!

PRIMALEND CAPITAL

10300 N. Central Expressway Suite 410, Dallas, TX 75231 Bill Benac P 972.239.6668 • F 972.239.6010 bbenac@primcapi.com www.primalend.com Provides no hassle, interest only, LOANS TO DEALERS, collateralized by accounts receivables.

SOUTHWEST AUTO FINANCE, INC. 5255 E Hunter Ave, Anaheim, CA 92807 P 714.399.1616 dean@southwestautofinance.com Subprime auto lender

SPARTAN FINANCIAL PARTNERS

961 East Main St, Spartanburg, SC 29302 P 864.256.2226 pwright@spartan-partners.com www.spartan-partners.com Spartan Financial Partners specializes in providing capital for BUY HERE PAY HERE dealers and Independent Auto Finance companies.

STERLING CREDIT CORPORATION

3225 N Grapevine Mills Blvd #2114, Grapevine, TX 76051 P 817.266.7275 Bulk Receivable Purchaser

STRATEGIC DEALER SERVICES* (Pg. 20) 5605 N. MacArthur Blvd. Ste. 560, Irving, TX 75038 P 214.838.1212 • F 214.838.1217 mike.kolb@sdealers.com www.SdealerS.com Purchasing BHPH Notes 24 months or less terms while dealer keeps the customer and services his notes.

TEXAS CAPITAL BANK

2350 Lakeside Blvd. Suite 800, Richardson, TX 75082 Brad Fisher or Stephen Thomas P 972.656.6696/6698 • F 214-705-7060 stephen.thomas@texascapitalbank.com We offer revolving lines of credit secured by the accounts receivable portfolio.

TEXAS CREDIT UNION LEAGUE

4455 LBJ Freeway Suite 1100, Farmers Branch, TX 75244 Richard Grady P 469.385.6485 • F 469.385.6585 rgrady@tcul.coop www.tcul.coop Texas credit unions wrote or serviced over 1.6 million auto loans ($23.8 Billion) in 2012.

UNITED ACCEPTANCE INC* (Pg. 12) 27715 Woodway Bend, Boerne, TX 78006 P 678.576.6618 rbowman@unitedacceptance.com WESTLAKE FINANCIAL SERVICES

4751 Wilshire Blvd., Suite 100, Los Angeles, CA 90010 Dealer Services P 888.893.7937 • F 888.267.1056 dealerinquires@westlakefinancial.com www.westlakefinancial.com Westlake Financial Services offers full-spectrum auto financing for franchise and independent dealers across all 50 states. Visit our website today to learn more.

WOODLANDS FINANCIAL SERVICES

PRIMALEND DEALER SERVICES

200 E. Abrams St. Suite 200, Arlington, TX 75060 P 817.542.0235 • F 817.542.0308 davila@pldsi.com

P.O. Box 132499, The Woodlands, TX 77393 Somir Paul P 281.367.2040 • F 281.296.0126 spaul@woodfininc.com www.woodfininc.com A Texas based regional auto finance company, has been serving independent automobile dealers since 1993.

QUALITY ACCEPTANCE, LLC

FORMS/PRINTING

14546 Hamlin St 3rd Floor, Van Nuys, CA 91411 P 818.503.1322 • F 818.503.0569 ofer@qualityfin.com Quality Acceptance, a dynamic and fast growing company is specialized in the purchase and servicing of automobile installment sale contracts from numerous dealers in Southern California, Nevada and Texas.

SIGMA PAYMENT PROCESSING

1300 Summit Ave Suite 800, Ft Worth, TX 76102 P 800.383.1662 susan.perlmutter@sigmapayments.net

GREAT AMERICAN AUTOMOTIVE PRODUCTS 6701 Concord Park Drive, Houston, TX 77040 P 713.744.7823 • F 713.744.7877 julieb@gabp.com www.gabpauto.com

OVATION GRAPHICS LLC

4251 Empire Road, Fort Worth, TX 76155 P 817.868.2245 cfrancis@ovation-graphics.com

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GPS/PAYMENT PROTECTION

INSURANCE

CLYMANS AND ASSOCIATES* (Pg. 6)

AVP – ASSURED VEHICLE PROTECTION, INC.* (Inside Back Cover)

317 Sidney Baker South, Kerrville, TX 78028 P 800.901.6001 gclymans@aol.com Passtime provides technology designed to protect your assets.

CTC GPS

3346 E. T.C. Jester, #G23, Houston, TX 77018, P 713.825.1128 darrell@dwmontag.com

GOLDSTAR GPS GUIDED BY SPIREON* (Pg. 50)

17600 Gillette Ave. Suite 100, Irvine, CA 92614 P 949.697.3459 markb@goldstargps.com www.goldstargps.com GoldStar GPS is an asset managment system utilizing innovative GPS tracking devices for the Subprime Finance and BHPH industry.

ION-GPS

5925 Phelan Blvd. Suite G, Beaumont, TX 77706 P 409.866.6116 • F 409.861.3299 alan@ionmycar.com GPS Tracking and Asset Management

ITURAN USA INC.* (Pg. 49)

1700 NW 64th Street Suite 100, Ft Lauderdale, FL 33309 Efrat Bogoslavsky P 866.543.5433 • F 877.488.7261 ebogoslavsky@ituranusa.com www.ituranusa.com Advanced GPS solutions with full DMS integration and powerful collection fools for the BHPH industry.

KEVIN W. SMITH & ASSOCIATES, INC.* (Pg. 46) 8240 Mid-Cities Blvd, N. Richland Hills, TX 76180 P 817.581.1979 • F 817.581.7620 kevinsmithinsurance@gmail.com

4801 Main Street Suite 310, Kansas City, MO 64112 P 816.756.5430 • F 816.389.6363 shorty@avpadmin.com

MULLEN INSURANCE AGENCY INC.* (Pg. 22) P.O. Box 496569, Garland, TX 75049 P 800.783.6297 • F 972.681.7601 annmullen@mulleninsurance.com “One-Stop Insurance Shop: Bonds, Commercial and Personal Lines. The auto industry is our specialty.”

BERKSHIRE RISK SERVICES* (Pg. 18)

12920 Metcalf Ave. Ste 220, Overland Park, KS 66213 P 913.433.7001 • F 913.433.7101 ckirwan@berkshirerisk.com http://www.berkshirerisk.com Berkshire Risk offers Collateral Protection Insurance for BHPH dealers and special finance lenders

PROTECTIVE ASSET PROTECTION* (Pg. 39) 917 Bridle Path Ct., Heath, TX 75032 P 214.263.1680 steve.chandler@protective.com

CADENCE INSURANCE* (Pg. 14)

SENTRY INSURANCE

3801 Hulen St #252, Fort Worth, TX 76107 Dennis Webber P 817.877.0909 • F 817.877.0910 dwebber@cadenceinsurance.com www.candenceinsurance.com Garage Liability/Dealers Open Lot Coverage/ Workers Comp/Property Coverage & Contents Coverage/Bonds/Auto & Homeowners.

1800 North Point Drive, Stevens Point, WI 54481 P 715.346.7272 eric.stiles@sentry.com Sentry offers property/casualty, retirement and group insurance benefits for Independent Automobile Dealers.

STATEWIDE INSURANCE AND TITLE AGENCY 1946 Tech Rd. Suite 108, Houston, TX 77055 P 713.984.2372 • F 713.984.9114 state_wide@sbcglobal.net

COLLATERAL PROTECTION INSURANCE AGENCY, INC.* (Pg. 22)

P.O Box 122, Hunt, TX 78024 P 512.799.2886 • F 512.828.6128 murphy.wjm@gmail.com Bill Murphy and Collateral Protection Insurance have been providing asset protection to the Best Dealers in Texas for over 15 years.

TEI INSURANCE AGENCY, INC.* (Pg. 43)

P.O. Box 850746, Mesquite, TX 75185 P 800.727.7124 • F 972.288.2608 mike@teiinsurance.com www.teiinsurance.com Garage, open lot, property & workers comp insurance for dealers

EWING INSURANCE

902 Columbia, Southlake, TX 76092 Chuck Chandler P 800-442-3421 • F 817.840.7504 ccandler@ewinginsagency.com www.ewinginsagency.com All lines of insurance with exclusive insurance companies, plus Self Funded Warranties and Collateral Protection.

WAYMER & ASSOCIATES – NEW BRAUNFELS

P.O. Box 310630, New Braunfels, TX 78131 P 800.447.5152 • F 830.620.6023 johnw@waymerins.com Since 1990, Waymer & Associates has serviced the insurance needs of businesses in the automobile industry.

Garage Liability is our specialty.

Kevin Smith Insurance Agency is one of the largest writers of Garage Liability in the state. We work with several a+ rated companies which offer exceptional rates to car dealers and repair shops. Call today for a “quick”

10-minute quote!

8240 Mid Cities Blvd / N. Richland Hills, TX 76180 (817) 581-1979 / Fax (817) 581-1921 WE ALSO OFFER THESE COVERAGES:

Commercial Fire • Contents • Wrecker • 2-Car Haulers • Cargo • Dealer Bonds Retirement • Life Insurance • Homeowner Insurance • Personal Lines 46

T e x a s

D e a l e r

July/SPECIAL 2013

Combining Live and Live-Online Buyers We understand your business is driven by profits. That’s why IAA’s unique combination of live and live-online auctions, and deep market expertise helps you reach the right buyers in more than 110 countries. At IAA, we see the importance of every type of vehicle.

IAA is proud to be a Sliver Sponsor of the 2013 TIADA Annual Conference & Expo. Visit us at booth #54!

Timothy (T.C.) Lozano National Program Manager, South Region C 281.924.1909 | tlozano@iaai.com © 2013 Insurance Auto Auctions, Inc. All rights reserved.

IAA is a registered trademark of Insurance Auto Auctions, Inc.

IAA-Auctions.com

ZURICH INSURANCE

15303 Dallas Parkway Suite 800, Addison, TX 75001 P 214.866.1288 winn.tripp@zurichna.com www.zurichna.com

LEGAL SERVICES JOHNSON DELUCA KURISKY GOULD, P.C. 1221 Lamar, Houston, TX 77010 P 713.652.2525 • F 713.652.5130 gkurisky@jdkglaw.com

MICHAEL W. DUNAGAN

3890 W. Northwest Hwy., Ste 600, Dallas, TX 75220 P 214.369.6422 • F 214.369.9175

CARS.COM

CPS, INC.* (Pg. 11)

CARSFORSALE.COM* (Pg. 7)

7001 Blvd 26 Ste 342, North Richland Hills, TX 76180 Scott Carlson P 888-493-6891 • F 817-605-8773 scottcarlson@autozoom.com www.autozoom.com AutoZoom Scoring & BHBH Analytics is an online risk management system designed specifically for BHPH. 3027 Cockrell Avenue, Fort Worth, TX 76109 P 817.927.5994 • F 817.927.0040 goahbarnes@cpscars.com

FRAZER COMPUTING, INC.* (Pg. 16)

175 West Jackson Blvd., #800, Chicago, IL 60604 P 312.601.5120 • F 312.601.6445 tfalconer@cars.com www.dealers.cars.com Cars.com delivers serious, ready-to-buy car shoppers to your dealership through our media affiliates, partnership network, and extensive advertising campaign.Visit www.dealers.cars.com for more information.

PO Box 91537, Sioux Falls, SD 57109 P 605.306.3302 • F 336.868.9778 aarono@carsforsale.com www.carsforsale.com Internet Advertising

RECOVERY

P.O. Box 569, Canton, NY 13617 Michael Frazer P 888.963.5369 • F 888.963.3366 ucd@Frazer.biz www.Frazer.biz Providers of Dealer Management Software to over 1,700 Texas dealers.

AMERICAN RECOVERY ASSOCIATION

MICRO 21

AUL CORP

NOWCOM CORPORATION

CARS PROTECTION PLUS, INC.

PATRICK HARGADON

P.O. Box 1675, Dripping Springs, TX 78620 P 512.264.1033 • F 512.264.0947 pharglaw@aol.com

5525 North MacArthur Blvd Ste 135, Irving, TX 75038 P 972.755.4755 • F 972.870.5755 les@americanrecoveryassn.org repo.org The American Recovery Association, Inc. is the world’s largest organization of professional finance adjusters and certified asset recovery specialists.

REPO SYSTEMS.COM, INC

13700 State Rd., #10, Cleveland, OH 44133 P 800.647.1121 • F 440.582.2402 voigt@m21.com Finance, Lease, Buy Here Pay Here, Inventory, Credit Bureau, Websites, Credit Application Portals, Forms Processing

SOFTWARE

4751 Wilshire Ave. Suite 115, Los Angeles, CA 90010 Rob Lekstrom P 323.692.4040 • F 323.954.5476 rob@dealercenter.com www.dealercenter.com Developer of Dealer Managment Software & Services

AUCTION123.COM

RADIANT CONCEPTS, INC.* (Pg. 15)

9400 N. MacArthur Ste 124 PMB 409, Irving, TX 75063 P 972.501.0375 • F 214.853.5327 rob@reposystems.com

2873 Executive Park Drive, Weston, FL 33331 P 888.514.0123 • F 954.514.0114 sales@auction123.com www.auction123.com Auction123 provides easy-to-use software for managing & marketing inventory online to eBay Motors, Facebook, Craigslist, online marketplaces like AutoTrader.com, and the dealership’s website.

AUTOMANAGER

12340 Santa Monica Blvd. Ste 203, Los Angeles, CA 90025 P 800.300.2808 • F 310.820.2384 kami.tafreshi@automanager.com www.AutoManager.com AutoManager is the leader in DMS, WebSite and export services to Independent Dealers. OCCC Approved.

AUTORAPTOR CRM

144 Westminster Street Ste 200, Providence, RI 2903 P 401.421.6533 • F 401.331.5636 howard@autoraptor.com www.autoraptor.com CRM, ILM and Desking tool with unlimited support & training, personalized service, and user-friendly features.

AUTOREVO

15303 North Dallas Pkwy Ste 1230, Addison, TX 75001 Mark Hoffman P 888.311.7386 • F 972.715.8699 sales@autorevo.com www.autorevo.com Dealer websites, inventory management, classified exporting, Craigslist, eBay Motors, SEO, Pricing Tools and vehicle videos.

AUTOSTAR SOLUTIONS, INC.* (Pg. 41)

1300 Summit Ave Ste. 800, Fort Worth, TX 76102 P 800.682.2215 x116 • F 817.377.1011 allen.dobbins@autostarsolutions.com AutoStar Solutions Inc is the industry leader in dealer management systems for BHPH dealerships and finance companies.

48

AUTOZOOM

P.O. Box 5947, Granbury, TX 76049 Candy Wright P 817.326.1270 • F 817.326.1290 candy@carsplusdms.com www.carsplusdms.com CarsPlus DMS is more than software. It is powered by a dedicated dealer support team.

SKYPATROL

3055 NW 84th Ave, Doral, FL 33122 P 786.331.3373 • F 786.331.3333 claudia@toppcompanies.com GPS Tracking and Monitoring Solutions

VAUTO

2221 Camden Court Suite 210, Oak Brook, IL 60523 P 630.590.2023 • F 630.590.2051 breitz@vauto.com

VINTEK, INC.

1735 Market Street Suite 900, Philadelphia, PA 19103 P 215.599.2435 • F 215.563.3326 rchristini@vintek.com www.vintek.com Solutions that automate title tracking by paperless title processing and title administration

WAYNE REAVES SOFTWARE

6211 Thomaston Road, Macon, GA 31220 Bob Higgins P 800-701-8082 • F 478-477-5062 bob@waynereaves.com www.waynereeaves.com Affordable Web Based Software with Forms Printing, Websites and Internet Advertising.

USEDCARS.COM BY DEALIX* (Pg. 37) 720 Bay Road, Ste. 200, Redwood City, CA 94063 P 704.243.6652 www.usedcars.com WARRANTIES 1250 Main Street Suite 300, Napa, CA 94558 P 800.826.3207 ext 242 • F 707.259.1867 jswank@aulcorp.com www.aulcorp.com AUL founded the Original Any-Year Any-Mileage service contract two decades ago.

4431 William Penn Hwy., Murrysville, PA 15668 P 888.335.6838 x240 • F 724-387-2344 www.carsprotectionplus.com Extended service contract provider. 12 years in business. Vehicles accepted up to 200,000.

FIRST INNOVATIONS/FIRST GUARD

PO Box 29210, Austin, TX 78755 Mike Edwards P 800.395.8664 • F 512.346.1192 mikee@firstinnovations.com www.firstinnovations.com Vehicle service contracts, GAP Insurance, credit insurance, ancillary products, training/consulting

GWC WARRANTY

P.O. Box 7900, Wilkes-Barre, PA 18773 P 800.482.7357 ext150 • F 888.840.7883 kgood@gwcwarranty.com

PREFERRED WARRANTIES, INC.* (Pg. 3) P.O. Box 278, 200 Pinebrook Place, Orwigsburg, PA 17961 Willie Grubaugh P 214.244.3871 • F 800.309.8334 sales@warrantys.com www.warrantys.com Learn why PWI is the fastest-growing service provider in Texas. Fully insured. A-rated by BBB.

SOUTHWEST DEALER SERVICES

815A Brazos St #349, Austin, TX 78701 P 817.640.8910 • F 817.640.6256 swds@att.net New TX BHPH Gap available and also Service Contracts, Dealer Lifetime Engine Warranty, Gap, Collateral Protection, Spot Delivery Insurance.

THE PENN WARRANTY CORP.

1081 Hanover Street, Wilkes Barre, PA 18706 P 570.270.3804 • F 570.270.3365 operations@pennwarrantycorp.com SCM provides a line of service contracts designed to meet the needs of every dealer.

VEHICLE LISTING AUTOTRADER.COM

122 West John Carpenter Frwy Ste.410, Irving, TX 75039 P 469.995.3400 • F 469.995.3433 james.adams@autotrader.com AutoTrader.com is the ultimate online automotive advertising solution for car dealers.

T e x a s

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July/SPECIAL 2013

July/SPECIAL 2013

T e x a s

D e a l e r

49

“ GoldStar GPS has the winning playbook that gives dealers the competitive edge.”

Coach Joe Gibbs – 3 Time Super Bowl Champion – 3 Time Sprint Cup Champion

VISIT US AT

TIADA BOOTH #60

THE PLAYBOOK

WINNING STRATEGIES FOR VEHICLE FINANCE Take it from Coach Gibbs, having the right Playbook is essential in gaining the competitive edge. With over 1.5 million active subscribers today, our GPS tracking solutions provide you with a patented automotive asset tracking & recovery process powered by the “Best M2M Business Intelligence Platform*” in the

Find out more about our Automotive Solutions Playbook.

Call: 1-866-655-8825 or Visit: GoldStarGPS.com/Playbook GAIN THE EDGE NOW! Scan this code with your Smartphone’s QR Code Reader app to see how GPS devices can protect your dealership.

©2013 Spireon, Inc. ©2013 Joe Gibbs Racing, Inc. All Rights Reserved. #18®”, and “M&M’STM/®” licensed under authority of Joe Gibbs Racing, Huntersville, NC. ®/TM/© Mars, Inc. 2013. Visit www.mms.com. Toyota trademarks used with permission. * Awarded “The Best Business Intelligence Platform, “ 2013 Battle of the Platforms - M2M Evolution.

regulation matters

New ID Requirements Effective September 1

A

significant, if much-delayed, change is coming to the paperwork requirements for Texas dealers due to new customer ID rules set to go into effect September 1, 2013. Let’s start by having another look at the current rules, which went into effect September 2012, and then focus on the changes coming this September.

Currently dealers are required to make a copy of their customer’s ID and retain it in the deal jacket. Dealers may accept any current, government-issued photo ID that contains a unique identification number, date of birth and expiration date. This includes the Mexico Matricula Consular card. Dealers are NOT required to bring a copy of the ID to the tax office. Other key points to note: An ID will be considered current as long as it is not expired by more than 12 months If a vehicle is to be titled in more than one name, only one ID is required These rules apply only to initial title and registration, not renewal registration

The Rules Starting September 1, 2013

On September 1, 2013, the rules above will still apply, with one major exception: only the following ID types will be acceptable: (i) driver’s license or state identification certificate issued by a state or territory of the United States; (ii) United States or foreign passport; (iii) United States military identification card; (iv) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or (v) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

As the rule stands, nothing else will change; dealers will still keep a photocopy of the customer’s ID in the deal jacket, and they will not have to present it at the tax office; ID’s will still be considered current even if expired by up to 12 months; and if a vehicle is to be titled in more than one name, only one ID will be required.

The administrative rule addressing the ID requirements provides further direction regarding title applications made with power of attorney, vehicles to be titled in the name of a business or organization, and July/SPECIAL 2013

by Danny

Langfield

TIADA DEPUTY DIRECTOR

Let’s start by having another look at the current rules, which went into effect September 2012, and then focus on the changes coming this September. other titling scenarios. The complete rule can be found in the Texas Administrative Code at Title 43, Part 10, Chapter 217, Subchapter A, Rule §217.3. Contact me at 800.442.5944 or danny.langfield@txiada.com and I will send you the link if you are interested. We will also provide an explanation of this rule change at the Annual Conference & Expo during the Legislative Summary.

Renewal Time: OCCC Motor Vehicle Sales Finance License

Member Alert! All MVSF licenses expire annually on July 31. Initial renewal notices are mailed in early June; a second renewal notice is mailed not later than July 15.

If your license expires, you can get it reinstated by paying a $1000 late fee within 180 days of July 31. After that, you will be required to apply for a new license. Financing with an expired license is considered the same as financing with no license, and can result in a $10,000 fine.

Remember, it is your responsibility as a licensee to renew your license regardless of whether you receive a renewal notice.

On a related note, OCCC Consumer Protection Director Rudy Aguilar will also be appearing at the conference for a session entitled, “Straight Answers from the OCCC.” The name says it all — if you have OCCC questions, come to the conference and get them answered.

51

behind the wheel

by Jeff

Martin

“For everyone to whom much is given, of him shall much be required.”

Y

ou will not find me quoting scripture very often.

Mainly because I do not feel I am qualified nor am I looking to offend anyone through a misunderstanding. However, Luke 12:48 is used so often and attributed to so many different people I felt free to employ it here: “For everyone to whom much is given, of him shall much be required.”

This passage is most often cited to support the notion that to whom many financial resources are given, much financial commitment will be expected. However, I think it can and should apply to much more than just financial gains. I find the phrase poignant and humbling and believe it should be stated at the conclusion of each legislative session. Make no mistake about it, independent dealers have much to be thankful for after this year’s legislative session.

It’s a little early to offer a complete legislative update since (at press time) the Governor could still veto legislation. But not much can change the fact that TIADA had a very successful session. We stopped numerous bills that would have been detrimental to dealers and worked to pass legislation that will certainly improve the industry for years to come. A full legislative update will be given during this year’s Annual Conference and Expo (see page 26). I hope you have already made plans to attend. We will take some time to celebrate and start planning our future legislative strategy. Your involvement shows a commitment to improving the industry and is the backbone of our success.

Much of that success was driven by our grassroots lobbying. In our effort to stop, pass and amend

July/SPECIAL 2013

TIADA EXECUTIVE DIRECTOR

legislation this year we reached out to our members and did they ever deliver. Our members made over 100 phone calls and sent over 300 emails throughout the session. Time and time again, legislators would tell me, “I heard from the dealers in my district, thanks for having them give me a call.” It’s easier for legislators to vote when they know how you feel. Legislators also want to know you are taking care of your customers, who are also their constituents. Whether it’s legislation to stop curbstoning or address named-driver only insurance policies, legislators always have the same concern, “How is this going to affect consumers?” I relish the opportunity to tell legislators how you live off repeat customers and that your success is deep-rooted in referrals.

I always tell them, we care about our customers more than anyone!

Let me be clear — we had a very successful legislative session. There is no doubt that our grassroots effort is paying off. You’ve been given much during this last legislative session and now much is required. There will be another session in 2015 and another in 2017 and every odd year after that. Take care of your customers, take care of the industry and the association will take care of you. If your customers are not being taken care of, they will ask their legislators to do something about it. And when the policymakers come back to Austin, they will.

Proposed Bylaws Changes:

The TIADA House of Delegates will vote on proposed bylaws changes at their meeting in San Antonio on Tuesday, July 30 in conjunction with the TIADA Annual Conference & Expo. Proposed bylaws changes may be found at www.txiada.com/2013bylawschanges.pdf.

53

The 2014 State Officer Nominees Elections for the TIADA Board of Director will be held July 30 at the House of Delegates meeting in San Antonio, Texas

Vice President Region 1:

Chairman of the Board: Byron L. Riley

Uncle Buddy’s PreOwned Autos (Houston)

James Hobson

H-Town Motors (El Paso)

Vice President Region 2: Tommy Gregory

Abilene Used Car Sales (Abilene)

President:

Michael Thomasson

Mike Carlson Motor Company (Burleson)

Vice President Region 3: Kevin Mims

VP Auto Sales (Garland)

Vice President Region 4: Ryan Winkelmann

BJ’s Autohaus (Houston)

President Elect: Brent Rhodes

Fiesta Motors (Buda)

Vice President Region 5: Robert Beck

Stop N’Drive Motors (San Antonio)

Vice President Region 6:

Secretary: HL Hensley

Trey Crouch

Trey Crouch’s Wheels on Credit (McAllen)

Automax of Lubbock Vice President at Large: Greg Zak

Dixon Motors (Houston)

Treasurer:

Kathrine Tolsch

CICO Auto Sales (Dallas) 54

Vice President at Large: Sonny Paredez

Discount Auto Center (San Antonio) T e x a s

D e a l e r

July/SPECIAL 2013

NOT ALL PROGRAMS ARE CREATED EQUAL Debt Cancellation Coverage Voluntary Debt Cancellation Coverage (DCC) is an alternative to requiring Comprehensive and Collision Insurance.

DCC provides debt forgiveness in the event of a Total Loss and is offered at the point of sale.

See what our clients are saying: “Our Debt Cancellation Program, serviced through AVP, was one of the best financial decisions our company has ever made in its 21 year history.”

Benefits NEW PROFIT CENTER REDUCES EXPENSES COLLATERAL PROTECTED INCREASED CASH IN DEAL INCREASED CSI

Michael Brill, President B&B Automotive Inc.

FINANCED WITH CONTRACT FORMS REVIEWED BY OCCC

AVP DEALERS MAKE MORE MONEY PERIOD! www.avpadmin.com

816.756.5430

*Substantial Discounts for TIADA Members

TEXAS INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION P.O. Box 127 Round Rock, TX 78680-0127

PRSRT STD U.S. Postage

PAID

Fort Worth, TX Permit No. 1016

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