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In This Issue: –M  ichael W. Dunagan on Spanish Language in Contracts –T  xDMV on the Do’s and Don’ts of Advertising – Connecting with Subprime Car Buyers Through Social Media


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2018 TIADA Board of Directors PRESIDENT Greg Zak/Dixon Motors 7902 North Freeway Houston, TX 77037 Office: 281.931.1300 Email: greg@dixonmotorcars.com PRESIDENT ELECT Juan Sabillón/Mi Tierra Auto Sales 7935 Gulf Freeway Houston, TX 77017 Office: 713.644.2446 Email: jmsabillon@mitierraautosales.com CHAIRWOMAN OF THE BOARD Kathrine Tolsch/CICO Auto Sales 11050 Harry Hines Blvd. Dallas, TX 75229 Office: 214.352.9282 / Fax: 214.352.8227 Email: cicoauto@verizon.net SECRETARY Robert Beck/Stop N’Drive Motors 711 N. General McMullen Dr. San Antonio, TX 78228 Office: 210.432.1101 Email: stopdrive@texas.net TREASURER Mark Jones/Mike Carlson Motor Company 264 Exchange Burleson, TX 76028 Office: 817.703.7973 Email: mjones@mcmcauto.com VICE PRESIDENT, WEST TEXAS (REGION 1) Paul Scott/Fiesta Motors – Lubbock 2599 74th Street Lubbock, TX 79423 Office: 806.765.3640 Email: pscott@gofiestamotors.com VICE PRESIDENT, FORT WORTH (REGION 2) Eddie Hale/Neighborhood Autos 1717 US 287 Decatur, TX 76234 Office: 940.539.2272 Email: ehale@neighborhoodautos.com VICE PRESIDENT, DALLAS (REGION 3) Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas, TX 75237 Office: 972.780.0001 Email: greg@autoliquidators.net

Volume XVIII

/ Issue 1

/ J a n u a r y 2 018

texasDealer

4 Officers’ Message

contents

by Kathrine Tolsch, TIADA Chairwoman of the Board

9 Legal Corner: Should Contracts Be in Spanish? by Michael W. Dunagan

10 Upcoming Events 15 Business Intelligence for Independent Auto Dealers by Jayson Keener and Rob Contreras

18 Local Chapters 20 TIADA Scholarship Application 21 Connecting with Subprime Car Buyers Through Social Media by Andrew Street

24 TIADA Member Application 26 2018 VIP Auction App Directory 29 The Do’s and Don’ts of Advertising by Casey L. Cowan

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

35 Reach More Car Shoppers with Mobile Video on Facebook

VICE PRESIDENT, CENTRAL TEXAS (REGION 5) Robert Blankenship/Texas Auto Center 6809 N IH-35 Austin, TX 78744 Office: 512.280.5333 Email: bob@texasautocenter.net

37 New Members 39 Excerpts from The CARLAWYER©

VICE PRESIDENT, SOUTH TEXAS (REGION 6) Armando Villarreal/McAllen Auto Sales 4215 S. 23rd Street McAllen, TX 78503 Office: 956.668.8088 Email: armando@mcallenautosales.net

45 Behind the Wheel

by Gabrielle Garrison

by Thomas B. Hudson and Nicole F. Munro by Jeff Martin

VICE PRESIDENT AT LARGE Greg Phea/Austin Rising Fast 8024 IH 35 North Austin, TX 78753 Office: 512.828.0001 Email: greg@risingfastmotorcars.com

What’s happening at w w w . t x i a d a . o r g ?

VICE PRESIDENT AT LARGE Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365 Office: 281.354.3355 Email: aokautosales@embarqmail.com

no longer view member-only content published on the TIADA website such as links to previous issues of Texas Dealer? However, you can still log in with your username and password to renew your membership for 2018. It only takes a minute!

TIADA EXECUTIVE DIRECTOR Jeff Martin 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am - 4:30pm 512.244.6060 • Fax 512.244.6218 jeff.martin@txiada.org

DID YOU KNOW... Dealers with an expired membership can

The Editor of the Texas Dealer magazine is Michael Spurlin, Social and Communications Director of TIADA. To change your address for subscription and/or for other TIADA products, call the TIADA state office at 512.244.6060 or fax 512.244.6218. E-mail: info@txiada.org. New Membership/Subscriptions: If you are a member of TIADA, you may receive this magazine free of charge. Membership year runs from Jan 1 to Dec 31. Back issues are available for $20 each subject to availability. Send a check or money order, along with your name and mailing address to TEXAS DEALER, Attn: Back Issues, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750. Sorry, no billing. Notice to all members concerning services and products: TIADA was established in 1944 to develop professional standards of service and conduct for the independent auto industry. Opinions expressed herein are not necessarily those of the TIADA management, the Board of Directors or the membership. Likewise, the appearance of advertisers or their indemnifications of TIADA does not constitute endorsement of the products or services featured.


officers’ message by Kathrine

What Kind of Online Experience Do Your Customers Have?

D

uring the Christmas holidays I was shopping for some larger ticket items. As I was browsing a salesperson approached me and asked if he could help. I stated that I was “just looking.” Too bad I don’t have a $1 for every time I’ve heard that! What I really meant was, “I will need help, but I’m not yet sure what I want or what questions I want to ask, so give me a little space to figure it out.” He continued to pepper me with questions. This really annoyed me. I thought stop talking so I can think about what I’m looking at! Although I didn’t say anything, I hoped my body language would send the message. It didn’t work. I ended up walking out and making my purchase elsewhere. My decision to go to another store for my purchase was based on the “experience” I encountered. Afterwards, I started thinking what kind of “experience” do customers have at my store? And even more so, what is their online experience? All the research tells us shoppers spend more time online than in stores. They either order online or they find what they want and then target the store location that has it. We also know that smartphones are utilized far more than computers for shopping and social media. I personally don’t frequent Facebook, Instagram, Snapchat, or Twitter. But I do recognize that my customers and potential customers do, a lot. Making sure that current and future customers can engage with the dealership, have a positive experience and do it on a mobile platform is the key to current and future success. I admit I’m not digitally savvy in the marketing arena, but I am an avid online shopper. I know what “experience” I prefer, what type of encounter annoys me, and what causes me to leave a particular site. In my business, I’ve been slow to jump on the digital marketing wagon in large part due to demands on my time to

4

Tolsch

 ICO Auto Sales C (Dallas) TIADA CHAIRWOMAN OF THE BOARD

understand it all, as I would be the one to strategize, plan, implement and update. Also, I had reservations about an independent contractor or company handling it and the costs spiraling out of control. About a year ago, I finally sourced a company to handle my needs in the digital space. I knew I found the right partner when they didn’t ask me to build a new expensive website and didn’t try to sign me up for extensive digital campaigns and social media they would manage. Since then, we’ve made steady progress. I’ve stepped into social media advertising, made several website revisions, added video testimonials, and more. All this on a very modest budget for a small dealer. If you are a small or large dealer, it’s never too late to get into the digital space. I encourage you to take the plunge if you haven’t. If you are deep in the digital arena, give yourself a checkup. Evaluate your website and social media: do you stay  current with your ads or postings? How often do you update? Are your postings generic or dealership specific? Is your page or website interesting? Would YOU go to it? What kind of experience does the customer have?  Again, is the site/posting interesting, entertaining, or informative? Is mobile access easy? Does it show up on a phone correctly? Do you require the visitor to fill out a bunch of forms? Do you have too many pop ups? Do you tell them who you are or what the dealership represents? Do you answer the most common questions? How do they engage with you? Do you make it easy? This issue of Texas Dealer is full of information and tips regarding digital marketing. I hope you will gain some valuable insight into evaluating and updating yours. T e x a s

D e a l e r

January 2018


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legal corner

Should Contracts Be In Spanish? by Michael

Dealer Question: Many of my

customers are Hispanic and some don’t speak English. Should I have the contract form and all other closing documents translated into Spanish? Are contracts in English enforceable against a buyer who only speaks Spanish (or any other language for that matter)?

Response: The growth of the

Spanish-speaking population of the state and the corresponding growth of this segment of car buyers have raised interesting questions that more and more dealers are asking: Should I be using contracts and related closing documents that are in Spanish? And, even if I am not required to do so, can I write translations to give to my non-Englishspeaking customers?

A

t first blush, it would appear to make perfect sense to offer a description of the terms and conditions of a major transaction in a language that would be understood by the buyer. From a public relations standpoint, the seller would certainly appear to be more sympathetic to Hispanic customers if Spanish-language documents were used. And, it would seem to be the fair thing to do. In fact, California has a law that requires documents to be translated into a number of different languages if requested by a customer. Another interesting question that comes up in this context is whether a Spanish-speaking buyer might be entitled to avoid the terms of a contract by relying on the defense that he or she didn’t understand the

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contents of what he or she signed if the documents were in English? While these arguments (and there are certainly others) would appear to make a compelling case for the creation of and use of Spanish-language documents, there are some equally serious legal issues that currently, at least, require further study.

Are English Documents Enforceable Against NonEnglish Speakers?

Dunagan

W.

TIADA GENERAL COUNSEL

Are there words in Spanish that adequately convey the subtle shades of meaning that have evolved over the years? Would a whole new rash of litigation arise over conflicting interpretations of what the contracts mean?

Let’s look first at the legal defense issue mentioned above. We have seen a number of lawsuits over the years where non-English speakers claimed to be immune from the terms of the contracts since they were unaware of the meaning of the documents they signed. The courts of this state have consistently held that, absent fraud, a contract in English that has been signed by a party, regardless of whether the party read or understood the contract, is enforceable. In the case of Vera v. North Star Dodge, the dealer decided to cancel a sale because of a problem with the trade in. He sent a check which contained release language to the buyer, refunding her down payment. She endorsed and cashed the check.

When she bought suit over the transaction, the buyer claimed she wasn’t bound by the release because it was in English and the dealer was aware that she only spoke and read Spanish (in fact, all negotiations of the sale had taken place in Spanish). The San Antonio Court of Appeals held that she was charged with knowledge of the contents of the release whether she could read it or not. The court relied on a line of cases that have held that an illiterate person (and 9


Upcoming Events TIADA DEALER ACADEMY Online Registration available at www.txiada.org

January 2018 2 5 Reporting to the Credit Bureaus -

A Practical Approach for Dealers Online

February 2018 1 3 Connecting with Subprime Car

3 0 Social Media Marketing for Independent Dealers Houston, TX

even a blind person) is responsible for obtaining an understanding of the contents of a document before signing, even if the other party knows of the person’s illiteracy. This case places the burden on a non-English-speaking person to obtain his or her own translator to read the documents and protects the creditor who simply places the English documents in front of the buyer for signature. By implication, if a dealer provides a translator, and the translator is accused of misstating the terms, the outcome may be different. (That is, a creditor who uses English-language documents, but provides an incorrect or misleading translation may be accused of misrepresenting the terms of the contract, or even committing fraud).

OTHER TIADA EVENTS

Mandatory Translations

Buyers on Facebook Online

March 2018 8 Uncommon Leadership: The

Challenge of Becoming Remarkable Online

2 6 Collect the Cash, Not the Car San Antonio, TX April 2018 9 Keeping Your Dealership Legal and Compliant Victoria, TX

January 2018 1 5 Board of Directors Meeting

Austin, TX

10

There are also some provisions of the law that require a foreign language translation when negotiations take place in a foreign language. One example is the mandatory documentary fee disclosure which must appear on contracts

and buyer’s order forms. Most installment contract forms contain a Spanish translation already, but if negotiations take place in another language, a translation in that language must be given. Fortunately, the regulation in question offers a state-mandated translation that can be relied upon by the merchant as meeting the terms of the law. Another example is the FTC Buyers Guide window sticker. If negotiations take place in Spanish, a Spanish version must be given to the prospective purchaser. The FTC has included a Spanish translation in its rule that can be relied upon by forms printers and sellers. The disclosure doesn’t have to be made in any language other than English or Spanish. (As an example of the potential problems of attempting to translate complicated legal terms, the FTC has recently re-issued the Spanish translation of the Buyers Guide with changes to the translation of such terms as “dealer,” “regardless of,” “frame cracks,” “cooling system,” “air conditioner,” “defroster,” and “not enough pedal reserve.” Apparently, T e x a s

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the original translations were deemed to not be accurate enough.) Another problem with creating Spanish-language contracts is that there are mandatory disclosures that are required by various provision of law that are stated in English. For instance, the Texas Finance Code requires that a specific disclosure be made warning the buyers not to sign unless the contract is filled out and has been read. The wording of the disclosure in the statute is in English. The appearance of this disclosure on a motor vehicle retail installment contract in Spanish would probably not meet the requirement and would expose the seller to statutory damages and enforcement actions by the Office of Consumer Credit Commissioner.

The Importance of Government-Provided Translations

But probably the greatest obstacle to the adoption of a Spanish-language contract is ensuring an accurate translation. We are not talking about a casual conversation here. Motor vehicle installment contracts are multi-purpose documents that are lengthy and complicated. In addition to being bills of sale, they contain promise-to-pay language, the grant of a security interests in collateral, and numerous other statements as to the rights and obligations of the parties. The terms

Are there words in Spanish that adequately convey the subtle shades of meaning that have evolved over the years? Would a whole new rash of litigation arise over conflicting interpretations of what the contracts mean?

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contained in the contract are subject to provisions of law and regulation enforced by agencies that include the Federal Trade Commission, the Federal Reserve Board, the Texas OCCC, the Texas Comptroller, and the Texas Department of Motor Vehicles. They are subject to the Uniform Commercial Code, the Texas Finance Code and multiple other areas of state and federal law. The development of a proper contract form to use in the financing of consumer purchases of motor vehicles is an evolutionary process. The current wording was not something that one person sat down and drafted. It is instead the result of years of correcting, tweaking, re-writing and editing by legal experts. The language used has been the subject of intense litigation ­— sometimes surviving challenge, and sometimes changed as a result of a successful attack.

There will probably be a day in the not-toodistant future when Spanish-language contracts will be mandated. Hopefully, the government will also provide the necessary translations that creditors can rely on to comply with any such law. Assuming that the issue of required English-language disclosures could be overcome, the question would remain whether the complicated legal passages can be properly translated in a way that retains the meaning. Are there words in Spanish that adequately convey the subtle shades T e x a s

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of meaning that have evolved over the years? Would a whole new rash of litigation arise over conflicting interpretations of what the contracts mean?

“Plain Language” Requirements

One recent development that advocates of Spanishlanguage contracts can look to is the statutory requirement of a few years ago (as part of a national legal trend) that OCCC issue optional plain-language contract forms that can be used by car creditors. The objective of the effort was to replace the complicated “legalese” of prior contracts with easier-to-understand words and syntax. The “plain language” contract terms are in English only. If used, the terms will provide creditors with certain legal defenses against claims the contracts contain illegal provisions. The Texas legislature did in fact pass a bill requiring that Regulation Z-mandated disclosures appear in Spanish in certain loans. However, the OCCC has ruled that dealers who finance motor vehicle sales don’t make loans (they finance the sale of motor vehicles), and are thus exempt from this requirement.

EPI-TIADAhalf_Dec2017.pdf

1

11/6/17

The OCCC has issued Spanish-language translations of the Regulation Z disclosures that dealers can use on a voluntary basis (forms containing the Reg. Z translations can be obtained from Burrell Printing at 800 252-9154). There will probably be a day in the not-too-distant future when Spanish-language contracts will be mandated. Hopefully, the government will also provide the necessary translations that creditors can rely on to comply with any such law. Until that day, however, dealers and creditors would be well advised to stick with the tried and true English documents, and those Spanish-language documents that have been issued or approved by the relevant government agencies. Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 40 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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feature

Business Intelligence for Independent Auto Dealers by Jayson Keener and Rob Contreras Founders, Makes Media

A

s the new year approaches, my business partner and I are reflecting on how we conducted business in 2017. We’ve slightly shifted our focus each year to remain ahead of where the industry is going. If there is one piece of advice we feel compelled to share with fellow TIADA members this year, it is to incorporate a Business Intelligence process within your dealership. You are surrounded by meaningful data, and it is probably being severely underutilized based on the advantages it can give you. When we hear the word intelligence, some immediately think of military terminology. The access to information that can drastically alter your competitive position. That is precisely the type of information you can gain for your business with today’s technology. It is within your reach, and the beauty of it is that you can build upon it each year as you grow your dealership. So let’s take a quick step back.

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WHAT EXACTLY IS BUSINESS INTELLIGENCE?

...the ability to obtain the best information to support the process of making decisions. Imagine having access to not just

information, but the “right” information now to be able to draw conclusions, and make decisions about the future. This information can be pulled together in one group of reports and online dashboard so your team can benefit from fully understanding the way sales impacts marketing, the way marketing impacts operations, and how specific marketing tactics directly affect sales. In the world of independent auto dealers, the functions of sales, operations, and marketing reveal significant amounts of data on a regular basis. While you may have regular reports to review information such as sales performance, marketing ROI, collections, and inventory

15


control, it is safe to say that you’re probably not looking at this information as it relates to each other. The likely scenario is that you rely on third-party vendors to supply some of this data to you on an end-of-month basis. There are two inherent problems with this method.

1) You are not in control of the data —

This means you are being furnished reports by those outside of your organization. You’re likely restricted to only seeing the metrics they show every single client. Your dealership is unique in many ways, so it’s important to review data that is the most relevant to your operation.

2) T he data are not linked together, and are not reviewed on a continuous basis — If you’re looking at sales, operations,

and marketing data in separate reports, you might miss out on crucial information an integrated report and dashboard could easily reveal. In addition, by waiting every 30 days to review data, you might be missing out on discovering trends and information faster than your competitor. It is important to have access to the flow of data 24-7-365.

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For a dealer, Business Intelligence is a helpful tool to understand the following:

What auto inventory is being sold and how fast? When would you need to go to auction to restock more vehicles? In one report and one dashboard, a dealer would also be able to see how many individuals have been run for credit on that given day. And then, at the same time and same place, a dealer would be able to see how the sales staff is performing for the month. How did one affect the other? Where did the shopper see the ad, what compelled them to come into the dealership, and what information did they already complete online? What did they end up buying, and how can that be linked back to marketing and operations? All of those things can be looked at in one place, and in a matter of seconds without needing to speak to anybody, or the need to login to multiple software. This “one stop” access to valuable information has been a lifesaver for me and my business partner to make decisions quickly and accurately. I want to make it clear that the idea of business intelligence is not new, and has been around for awhile. But what is fresh and new is the tools that are continuing to improve as technology continues to develop. It’s this fresh approach that got on our radar for our company. All the information is custom created, and then funneled through an executive dashboard tool. This creates the ability to access the dashboard from any device, and the ability to display on any monitor. Imagine having a dashboard accessible to you from your office desk in real time, and all day long.

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HERE IS A BRIEF SUMMARY OF THE BIGGEST BENEFITS TO USE BUSINESS INTELLIGENCE: Get Accurate Answers:

All info in the dashboard is funneled through existing software dealers are already using. The data isn’t altered in any way.

Access to Valuable Insights To have multiple data streams in front of a business owner at one time, creates a perspective to connect dots that may be difficult to see otherwise. There is value to seeing how some data affects other data.

Gather On-Time Information

Any dealer knows that a delay can be costly. To have access to data in real time and without any delays can be

.

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Local Chapters VICTORIA Billy Jurkash Northpoint Auto Sales, Inc. 361.655.9191 npas@att.net Meeting – 1st Monday (Monthly) FORT WORTH Mark Jones MCMC 817.703.7973 mjones@mcmcauto.com Meeting – 4th Thursday of Jan–May and Sep–Oct DALLAS COUNTY Eddie Hale Neighborhood Autos 940.539.2272 ehale@neighborhoodautos.com Meetings as needed/TBD HOUSTON Rick Maroney Maroney Auto Sales 713.691.3800 rmaroney@usa.net Meeting – 2nd Tuesday (Monthly) SAN ANTONIO Robert Beck Stop N’ Drive Motors 210.432.1101 stopdrive@texas.net Meetings quarterly (dates announced at www.txiada.org) EL PASO Ricardo Gardea Cars Plus 915.778.8285 cars_plus@att.net Meeting – 3rd Friday (Monthly) 18

the difference between closing a sale and seeing it slip away. The same is true for business information and the ability to make fast decisions.

Develop and Track Action Items

When a business owner and managers are in the same place looking at the same data and evaluating results, all parties walk away with action items. Business Intelligence can help with this process to not only draw the conclusions more quickly, but also track the resulting action items developed from the insights.

HERE IS A LIST OF OPERATIONAL CATEGORIES THAT BUSINESS INTELLIGENCE CAN PROVIDE TO BUSINESS OPERATIONS: Sales Management

Understand quickly and accurately who on your sales team is selling and when. What is their close ratio and where are they having more success and less success? What percentage of their closes are to males/females? How is their closing ratio linked to down payment amounts, credit scores, etc.? Imagine the wealth of information you could have on every single sales employee to help them improve their performance.

Inventory Control

Have access to all vehicles sold within a time period, so you can start making your plan to secure more inventory. Know immediately what models have moved, so you know what models to search for at auction to restock the lot. Most independent dealers are really good at this, but how much time is spent in knowing this information and when does the pattern change? Imagine being ahead of the trend and knowing this information in an instant instead of relying on past performance as a 100% indicator for what you should do in the future.

Cash Flow Management

Quickly know your current cash flow, and which accounts are outstanding and what types of customers are falling into this scenario and when it happens. New processes can be implemented to reverse this trend and improve performance.

Website Traffic

Know immediately the traffic coming to your website, and what pages users are going to on your website. Which vehicles are being looked at the most, and which people are filling out contact forms online. There is a pattern that can reveal itself with an integrated Business Intelligence plan.

Digital Marketing Results

Know how much engagement you are getting from your digital marketing campaign, and what users are saying about you on social media. Then you logout, and go back to what you were doing. It’s that simple, and can change the way business owners operate, and save time doing it. We appreciate the opportunity to share what our company is focused on for 2018. A fresh approach, with new tools, processes, and execution can make all the difference in increased sales and performance.

Jayson Keener and Rob Contreras are the founders of Makes Media. They can be reached at jayson@makesmedia.com and rob@makesmedia.com T e x a s

D e a l e r

January 2018


ATTENTION STUDENTS!!!

$1,000

Marvin Norwood Scholarship DEADLINE

May 8, 2018 {Applications and/or any required documents received after May 8, 2018 will NOT be accepted.} Criteria and Guidelines 1. Each applicant must be entering or currently enrolled in an accredited college or a trade school. Proof of enrollment must be included with this application.

Date: Name:

DOB:

Address: City:

State:

Zip:

Email: (You will received email confirmation of receipt.)

Telephone Number: High School Last Attended:

2. Each applicant must provide a letter from their TIADA member sponsor that includes the sponsor’s address and phone number.

Address:

3. Each applicant must complete the application form.

Date of Graduation:

4. High school senior applicants must be in the top 25% of class.

Other High Schools Attended (Names and Addresses):

If applicant is currently enrolled, provide college transcripts with official university imprint. In addition, a copy of high school transcripts is required for applicants who are college freshmen.

College(s) you are attending or plan to attend for admission:

5. Provide a detailed description of participation in any academic, honorary, civic or extracurricular activities in college. In addition, a detailed description of high school activities is required from college freshmen along with a college acceptance letter. 6. Compose an essay of no more than two typed, double-spaced 8 ½” x 11” pages. The essay should discuss the applicant’s relationship with their TIADA scholarship sponsor, current education goals and future aspirations as it relates to the applicant’s subject/training area. 7. Provide at least two (but no more than three) letters of recommendation, no older than one year, from college/high school faculty, employers or other appropriate sources (not related).

20

SCHOLARSHIP APPLICATION

City:

State:

Zip:

Dates of Attendance:

Parents Name(s): TIADA Member Name (Sponsor): TIADA Member Company Name: TIADA Member Address: City:

State:

Zip:

Sponsor Signature Should you have any questions, please contact TIADA at 512.244.6060. Please return the completed application with all required documents to: TIADA Attention: Scholarship Applications 9951 Anderson Mill Rd. Suite 101, Austin, TX 78750

T e x a s

D e a l e r

January 2018


feature

Connecting with Subprime Car Buyers Through Social Media by Andrew Street CEO, Dealer OMG

O

ut of the over 3 million mobile apps available, people are spending 80% of their time on just four apps: Facebook, Instagram, Messenger and WhatsApp. These social platforms are all owned by Facebook. Your customers have turned their attention to their phones — touching their phones an estimated 2,617 times per day. Thanks to the 2 billion people on Facebook combined with the vast array of information they’re consuming through this channel, there is a unique opportunity for dealers to connect with people at an affordable price. The cost to reach your prospective in-market used car shoppers has fallen to around one cent per person through targeted advertising. Now, through partnerships with Oracle and TransUnion, advertisers are able to reach people based on their credit score. Dealers can layer inmarket audiences with subprime buyers to connect with local subprime intenders in their newsfeed. Reaching a target audience at an affordable price is great, but we want them to take the next steps towards buying a vehicle off your lot. A well-tuned Facebook campaign can send interested shoppers to your vehicle detail pages for less than $0.50 per shopper. Facebook is developing tools which allow dealers to identify a refined audience that they’d like to reach, tailor a message that will resonate with them, and measure what is working and what is not. Technology now exists to allow dealers to not have to continually update their ad campaigns with constantly changing inventory and messages. Plug-and-play capabilities now exist, allowing ad campaign messaging and imagery to be updated in real time by pulling your inventory off of your website or through your inventory feed. Having an automated system that updates your advertising imagery is called dynamic advertising. Until recently, dynamic advertising on Facebook was only leveraged by savvy online retailers, advertising their various products to select audiences based on their interests and online behaviour. Now independent dealers are able to tap into this capability on Facebook. The problem, however, is this is not intuitive.

January 2018

T e x a s

D e a l e r

How Dealers Should Target People On Facebook

There are three sources of data to help your store target the right customers with your paid ads: Facebook Data, Data Warehouses, and leveraging your dealership’s data. Facebook data can identify a person’s interests, geographic location, age, primary language, and friends.

This is a type of behavioral and demographic targeting specific to Facebook’s proprietary information and algorithm. The second source comes from data warehouses Facebook has relationships with (like Oracle, Datalogix, and Polk). Information from data warehouses, often referred to as third-party data, allows advertisers to narrow their target audience by a person’s shopping habits, the car they drive, and now, their credit score. The third data source that dealers can leverage to target people on Facebook is their own data, or First Party Data. You can upload your customer and prospect lists into Facebook to reconnect with your shoppers and customers. Additionally, your website can communicate with Facebook to identify people that shopped on your 21


website, allowing you to advertise to the narrow audience of your site’s visitors.

Sample BHPH Dealer Target Audience

An example ad campaign for a BHPH dealer could look like this; in my market of Austin, Texas, there are 1.5 million people in a 50-mile radius that are getting on Facebook an average of 20 times per day. At a cent per person, it would cost around $15,000 to reach everyone once with a Facebook ad. This is a traditional advertising approach of carpet bombing the market with your ad. To reduce the size of this audience, let’s leverage the three sources of data we mentioned above to reach people with precision. 1) Facebook’s data will narrow the audience of 1.5 million people in a 50-mile radius to people that: – live in a 10-mile radius of my location – over the age of 25 – with children under the age of 18 — Now our audience is 71,000. 2) Data Warehouse info will be layered on top of the  Facebook data to zero on: – people shopping other websites for a used vehicle

– With a credit score under 600 — Now my target audience is just 3,500 people 3) Your dealership’s data will be used to identify the  people that come by your website to let Facebook know what vehicles specific shoppers are viewing to trigger your ad campaigns to reconnect with them with similar vehicles. Our audience went from 1.5 million people to 3,500 prospective customers that live within 10 miles of my location that are over 25 years old, have children under 18, are shopping for used cars, and have a credit score under 600. At one cent per person, it will cost around $35 to reach each person once or $350 to reach them 10 times. Let’s get your SUVs and Minivans in front of them, let them know they can qualify and get more info, like their estimated payment. If you’d like to watch an overview of this process with real life case-studies, join me for my virtual workshop on February 13th. See page 43 for more info.  Andrew Street is the CEO of Dealer OMG and a Partner at Four Kicks Marketing. He will be hosting the TIADA Virtual Worksho Connecting with Subprime Car Buyers on Facebook on February 13, 2018. Go to www.txiada.org/education to register.

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Contact Mike Pool, John Mahaffey, Bret Jones or Travis Williams for a competitive quote. m.pool@teiinsurance.com • j.mahaffey@teiinsurance.com • bret@teiinsurance.com • t.williams@teiinsurance.com P.O. Box 850746 • Mesquite, TX 75185 • (972) 288-3266 • Fax (972) 288-2608

www.teiinsurance.com 22

T e x a s

D e a l e r

January 2018


e-Tag Supplies —

In Stock for Immediate Shipment!

MOTO

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ETAIL

INSTAL

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SALES

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purchased. vehicle being the motor interest in NT(S ) a security NPA YME Due I give you Date ED DOW owe you, DEF ERR or in the future charge of owe you Amount a late debt I now I will pay any other it is due, ses in it and days after my promi ct and all within 15 payment Charge. on this contra ce sts, owe entire I all ve my of the Finan lt, security intere p this To secure d of part do not recei Security: defau (1)Kee writing. get a refun t nonpayment, ge: If you ises in paym ent. so, I can NO.: Late Char n abou $ all prom sched uled . If I do ds. STOCK put....... informatio % of the er to........ I owe early yment refun ment for deal........ the ........ and prepa pay all that refer to this docu Ask........ rce. ........ nt: I can uled date, I will ............... DATE: to enfo Prepayme l Information: e the sched cult........ REDITOR: diffi........ full befor are........ SELLER/C ises........ Additiona repayment in .$ D prom........ ER : red ................ ................ FINANCE : Spo VIN NUMB ces) ken ADDRESS any requi servi ................ ANT AMO UNT ... $ ORT s, and ................ IMP sorie , ST, ZIP: ION OF ................ ........ acces CITY IZAT ........ ITEM YEAR ................ uding any ................ form. ........ER: ..$ e) ........ ........BUY PHONE: price: (Incl Color: ................ (2) R:abov box 1. Cash ................ UYE L .............. ment follow ing: CO-B(s) ment ....$ ................ MODE........ fied, the Downpay ................ 2. 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316 bpc #24-4


TIADA Membership Application

2018

Business Name: ____________________________________________ Select one:

Dealer Member

Associate Member

Contact Person: ____________________________________________ Address: __________________________________________________

TIADA texas independent automobile dealers association

TIADA texas independent automobile dealers association

2018 TIADA Membership Dues:

City: _________________________________________ State: _______

$499

Zip: __________________ County: _____________________________ E-mail address: _____________________________________________ Phone: _______________________ Fax: ________________________

OR join our monthly payment plan of

$41.58 per month (Dues include NIADA membership and local chapter membership where applicable.)

Dealer P Number: ___________________________________________ Who referred you to TIADA? __________________________________ Mailing Address (if different from above): __________________________________________________________ City: _________________________ State: _______ Zip: ___________

PLEASE INDICATE PAYMENT METHOD: Check or Money Order payable to TIADA Check # __________ Credit Card Card Number: __________________________________________________ Sec.Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date: ____________ Monthly Payments - $41.58 per month Via Credit Card (Please enter card information above) Via Bank Draft (Authorization Agreement required - contact state office)

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

www.txiada.org

512.244.6060

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.

24

T e x a s

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January 2018


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TEXASDIRECTAUTO.COM


2018 TIADA VIP Auction Directory

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

ABILENE

CORPUS CHRISTI

Manheim Dallas

Alliance Auto Auction Abilene

Corpus Christi Auto Auction

6657 US Highway 80 West Abilene, TX 79605 325.698.4391, Fax 325-691-0263 General Manager: Brandon Denison Friday, 10:00 a.m.

2149 IH69 Access Road Corpus Christi, TX 78380 361.767.4100, Fax 361.767.9840 General Manager: Hunter Dunn Friday, 9:30 a.m.

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

www.allianceautoauction.com

C.M. Company Auctions, Inc. www.cmauctions.com

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

AUSTIN

www.corpuschristiautoauction.com

Insurance Auto Auctions Corpus Christi* www.iaai.com

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

ADESA Austin

DALLAS/FORT WORTH METROPLEX

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

ADESA Dallas

www.adesa.com

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

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

Insurance Auto Auctions Austin* www.iaai.com

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

Metro Auto Auction – Austin www.metroautoauction.com

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

www.adesa.com

www.manheim.com

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

Metro Auto Auction – Dallas www.metroaa.com

1836 Midway Rd., Lewisville, TX 75056 943.492.0900, Fax 972.492.0944 General Manager: Scott Stalder Tuesday, 9:00 a.m.

Texas Lone Star Auto Auction www.tlsaa.com

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

Alliance Auto Auction Dallas

EL PASO

9426 Lakefield Blvd., Dallas, TX 7520 214.646.3136 General Manager: Chris Dean Wednesday, 1:30 p.m.

El Paso Independent Auto Auction

www.allianceautoauction.com

America’s AA Dallas

www.americasautoauction.com

219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972-591-2742 General Manager: Robert Hammonds Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

Insurance Auto Auctions Dallas* www.iaai.com

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

26

Manheim Dallas Fort Worth

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

Insurance Auto Auctions DFW*

* VIP discount valid for sell fees only

www.manheim.com

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

www.epiaa.com

7930 Artcraft Rd, El Paso, TX 79932 915.587.6700, Fax 915.587.6700 General Manager: Luke Pidgeon 10:00 a.m. Standard Sale

Insurance Auto Auctions El Paso* www.iaai.com

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

Manheim El Paso

www.manheim.com

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

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Insurance Auto Auctions Houston*

MIDLAND/ODESSA

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

Insurance Auto Auctions Permian Basin*

www.iaai.com

Manheim Houston www.manheim.com

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

HARLINGEN/MCALLEN Big Valley Auto Auction

Manheim South Houston

www.bigvalleyaa.com

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

Insurance Auto Auctions McAllen* www.iaai.com

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

HOUSTON

www.manheim.com

9605 Galveston Road Houston, TX 77034 713.948.0001, Fax 713.948.0300 General Manager: Darren Slack Tuesday, 6:00 p.m.

Manheim Texas Hobby www.manheim.com

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

ADESA Houston

LONGVIEW

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

Alliance Auto Auction Longview

www.adesa.com

America’s AA Houston

www.americasautoauction.com

1826 Almeda Genoa Rd. Houston, TX 77047 281.819.3600, Fax 281.819.3600 General Manager: Rob Frazier Thursday, 2:00 p.m.

America’s AA North Houston www.americasautoauction.com

1440 FM 3083, Conroe, TX 77301 936.441.2882, Fax 936-788-2842 General Manager: Buddy Cheney Monday, 6:30 p.m.

Houston Auto Auction

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

Insurance Auto Auctions Houston North* www.iaai.com

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

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

Insurance Auto Auctions Longview* www.iaai.com

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

LUBBOCK Insurance Auto Auctions Lubbock* www.iaai.com

www.houstonautoauction.com

January 2018

www.allianceautoauction.com

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

LUFKIN Lufkin Dealers Auto Auction www.lufkindealers.com

2109 N. John Reditt Dr. Lufkin, TX 75904 936.632.4299, Fax 936.632.4218 General Manager: Wayne Cook Thursday, 6:00 p.m.

www.iaai.com

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

SAN ANTONIO ADESA San Antonio www.adesa.com

200 S. Callaghan Rd San Antonio, TX 78227 210.434.4999, Fax 210.431.0645 General Manager: Clifton Sprenger Thursday, 9:00 a.m.

Insurance Auto Auctions San Antonio* www.iaai.com

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

Manheim San Antonio www.manheim.com

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

San Antonio Auto Auction

www.sanantonioautoauction.com

13510 Toepperwein Road San Antonio, TX 78233 210.298.5477, Fax 210.298.5484 General Manager: Brandon Walston Tuesday, 9:30 a.m. / Thursday, 1:30 p.m.

TYLER Greater Tyler Auto Auction www.greatertyleraa.com

11654 Hwy 64 W, Tyler, TX 75704 903.597.2800, Fax 903.597.2800 General Manager: Wayne Cook Tuesday, 5:00 p.m.

WACO Alliance Auto Auction Waco www.allianceautoauction.com

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

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feature

The Do’s and Don’ts of Advertising by Casey L. Cowan

Attorney, Enforcement Division Texas Department of Motor Vehicles

G

reetings and Happy New Year from the Texas Department of Motor Vehicles (TxDMV)! What better way to kick off a productive and prosperous new year than with a refresher on the do’s & don’ts of advertising! Advertising is an essential part of every motor vehicle dealer’s business. After all, how will potential buyers hear about your great deals unless you promote them? The TxDMV understands that advertising is a fast-paced part of your business that requires quick turnaround. You need to advertise new deals fast, before the offer expires and before your competitor down the street. The agency’s goal is to educate dealers on the rules that must be taken into consideration when advertising for your business so you avoid common pitfalls that can lead to advertising violations. What is advertising? Virtually anything is an advertisement, from the business card in your wallet to the words written in shoe polish on vehicle windows on your lot. Advertising covers all media: newspaper, television, internet, billboards, radio, flyers, and the list goes on. Direct communication between a dealer and a prospective buyer does not constitute an advertisement. Advertising complaints have been on the rise in recent years due to increased awareness and understanding of the TxDMV advertising rules and due to increased federal attention. Texas dealers can incur administrative penalties for advertising violations with TxDMV, but many dealers are unaware that the Federal Trade Commission also regulates motor vehicle dealer advertising and can impose significant penalties. Why is the regulation of dealer advertising so important? Because purchasing a big-ticket item, such as a new motor vehicle, is an important financial decision for consumers. The agency’s goal is to deter misleading advertisements and to ensure that buyers have the information necessary to make educated purchasing decisions. TxDMV regulates advertising not only to protect consumers, but also to protect other licensed dealers. All dealers are encouraged to file complaints when they encounter questionable advertising practices. In fact, most advertising complaints received by TxDMV come from other licensed dealers. Reporting

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advertising violations is important not only to the public, but also to you as dealer who conducts business in compliance with the rules. You should not have to compete with a dealer who is engaged in unfair or misleading advertising. This article highlights the most common advertising violations so you can keep your dealership compliant. Let’s begin with the do’s and don’ts of advertising! Make sure that your featured price is the sales price for ALL potential buyers, cash or credit. The featured price is the price in bold, large or bright print. Advertise a price with qualifiers such as “with acceptable trade,” “with dealer arranged financing,” “with down payment” or use the term “internet price.” The featured price must be the price for ALL buyers, regardless of any trade in vehicle, financing, down payment, and regardless of whether the buyer visited your dealership in person or accessed your advertisement via your website. List the number of vehicles you have at the advertised price, or disclose the motor vehicle’s stock number or VIN if an advertised price pertains to only one specific motor vehicle. Misrepresent the vehicles you have to offer for sale or create a false impression about the inventory you have in stock. Include the model year, make, model line and style, and state whether the vehicle is used, a demonstrator, or a factory or executive vehicle when advertising the PRICE of a vehicle. Specifically 29


identifying the vehicle prevents bait and switch advertising. Use an image or photo a vehicle in your advertisement unless it is substantially similar to the vehicle you have for sale. Again, this prevents bait and switch advertising. Advertise a used vehicle as “used” or “previously owned.”

Do not advertise a used vehicle as a “program car,” “factory repurchase” or “special purchase.” Buyers need to understand that they are purchasing a used motor vehicle when viewing your advertisement. Advertise that you are going out of business or having a foreclosure sale, ONLY IF you are actually going out

of business. Check your local city ordinances before you advertise a going out of business sale because some cities limit the amount of time you can advertise. Advertise that you have the BEST or LOWEST prices or deals. Stay away from all of the ‘est’ words. If you advertise that you have the BEST deal in town and your competitor undercuts your price by a dollar, then your advertisement is no longer truthful. Advertise that your dealership can offer financing to customers if you have a financing license issued by the Office of Consumer Credit Commissioner. List financial trigger terms in your advertisement such as a 1. down payment amount, 2. amount of payments, 3. monthly payments, and/or 4. finance charges, UNLESS you include all the other important financing terms such as the 1. amount of down payment, 2. terms of repayment, and 3. annual

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percentage rates. Potential customers need to understand what they are buying, how much they will pay, and for how long. Advertise “free offers” such as a free television with the purchase of a vehicle, ONLY IF the item is actually free. If the buyer can purchase the vehicle at a lower price without the free item or if you increased the price of the vehicle to cover the cost of the free item, that offer is not truly free. Advertise untrue claims. Statements such as “write your own deal,” “name your own price,” “no credit rejected,” “guaranteed approval,” etc. A dealer will not allow a customer to name his or her own price or finance a customer with poor credit. These statements violate the basic rule of advertising, which is to be truthful with all claims made. Advertise a savings claim, discount or rebate on a new vehicle by listing the MSRP and deducting all applicable savings. Advertise a savings claim or discount on a used motor vehicle. The TxDMV prohibits dealers from advertising savings claims and discounts on used motor vehicles because there is no established retail price on used vehicles. Ask yourself, “Is the advertisement false, deceptive, or January 2018

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misleading?” This is the basic rule of advertising is to tell the truth. Be sure to follow through with any claims you make. Being truthful also includes not omitting information you know is important or implying something is true if it is not. Hide important information in tiny mouse print or confuse potential customers with double or triple asterisks (**). The format of your advertisement is just as important as the content. The layout should be easy to read and understand. Contact TxDMV if you have advertising questions or if you would like to file a complaint against a dealer you suspect is not advertising appropriately.

Rely on advertising firms or companies to know the Texas rules and regulations related to advertising. Many of these businesses operate in other states and are unfamiliar with Texas laws; it is ultimately the dealership’s responsibility to ensure their advertisements are compliant. The golden rule of advertising is to tell the truth. To stay compliant with TxDMV’s advertising rules ask yourself, is the advertisement false, deceptive, misleading or unfair? If the answer is no, then you likely have an advertisement that will not conflict with the advertising rules. TxDMV is required to issue a warning to a dealer for a first-time advertising violation. A dealer alleged to have violated the advertising rules will receive a warning letter alerting the dealer of the violation, or a cure letter requesting that the dealer correct the violation

resource guide The TIADA Website:

www.txiada.org 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 Knowledge Base. 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

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www.daaokc.com 1028 S. Portland Ave Oklahoma City, OK 73108 (405) 947-2886

and provide a written response. Dealers are subject to imposition of an administrative penalty for any subsequent advertising violations. If you would like to file an advertising complaint against an offending dealer, please visit the TxDMV website at www.TxDMV.gov. Please do not mark or write on any advertisements you submit with your complaint. You have the option to file a complaint anonymously, but providing your contact information ensures you receive an update on the status of the complaint and provides the assigned investigation with a way to reach you in the event additional information is needed to complete the investigation. Free advertising training is provided at the TxDMV Dealer Training Seminar held every month in different cities across the state. TxDMV presents these trainings to benefit licensed dealers and to benefit those who are considering becoming licensed dealers. Simply register online for the date/city that best suits your schedule. Advertising training geared specifically toward franchise dealers is also provided by request. Please call (512) 465-4204 if you have any questions or if you would like additional information. TxDMV wishes you a Happy New Year and a successful 2018!

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CALL 800-828-1564 TODAY TO LEARN HOW TO GET AN EXPERT COMPLIANCE REVIEW

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Ignorance is no defense. Know the law. Repo and financing issues are among the most common violations found by the OCCC. If you own a previous edition of these books from 2008 or earlier, it is recommended that you upgrade to the current editions.

Dealer Financing of Used Car Sales This comprehensive book covers all aspects of the complicated world of seller-financing in Texas, including Maximum Finance Rates; Retail Installment Contracts; Contract Amendments; VIT; Repair Charges; Federal Disclosures and more.

TIADA Member Price: $125 (non-members $175)

Texas Automobile Repossession: A Lien Holder’s Legal Guide Everything you need to know about repossessions is addressed in this book, including Notification Requirements, Post-Repo Procedures, Private Sale vs. Strict Foreclosure, Bankruptcy, Post-Disposition Accounting, Tracking and Shut-off Devices, the 60% Rule and more. PLUS – includes all required forms.

TIADA Member Price: $125 (non-members $175)

TIADA

Now available for purchase online at www.txiada.org under “Legal Resources” or call 512.244.6060 to order by phone. When ordering online, login with your TIADA username and password to receive the discounted rate. All prices include shipping. Orders are shipped in 3-5 business days. texas independent automobile dealers association

Attorney Michael W. Dunagan is the author of the two must-have books for every Buy-Here, Pay-Here dealer in Texas. Mr. Dunagan has been General Counsel to TIADA for over 40 years. His law firm specializes in the representation of independent Texas car dealers.

TIADA texas independent automobile dealers association


Dealer Academy Education Offerings for Spring 2018

Instructor-Led Courses Collect the Cash, Not the Car

Presented by Brent Carmichael, Executive Conference Moderator, 20 Groups. NCM Associates, Inc. It has been a challenging year in the Buy Here, Pay Here industry, aided by another odd tax season and increased apathy by our customers in regards to their payments. Dealers are finding that every collection opportunity needs to be capitalized on and that’s where this seminar can help. 9:30am - 4:00pm

$249 TIADA Members, Each Additional $199 (must be from same dealership) $499 Non-members MONDAY, MARCH 26, 2018, SAN ANTONIO

Keeping your Dealership Legal and Compliant

Presented by Michael W. Dunagan, TIADA General Counsel and author of the standard-setting books, “Dealer Financing of Used Car Sales” and “Texas Automobile Repossession: A Lien Holder’s Legal Guide.” One of the quickest ways to ruin a dealership’s profit margin is to be hit with a fine from a regulatory agency, or to lose a lawsuit filed by a customer. This seminar will focus on the practical side of compliance that understands you have a business to run – and you want to run it right. All independent dealers – those who finance in-house and those who secure third-party financing for customers- will benefit from this workshop’s focus on federal regulations, OCCC compliance, DMV enforcement, and much more.

$199 TIADA Members, Each Additional $149 (must be from same dealership) $399 Non-members 9:00am - 4:00pm

MONDAY, APRIL 9, 2018, VICTORIA

Social Media Marketing for Independent Dealers Presented by Andrew Street, CEO of Dealer OMG and Partner at Four Kicks Marketing.

In this session you will learn about the latest technology that allows dealers to identify the specific audience they want to reach- location, credit score, age, etc.-, and to market directly to those prospective customers on Facebook. Andrew Street will do a deep-dive into this technology, Facebook Data, Data Warehouses, and your own dealership’s data. You will walk away with an understanding of tactics that work best to make your social media marketing spending more precise and cost-effective. 9:00am - 1:00pm

$199 TIADA Members, Each Additional $149 (must be from same dealership), $399 Non-members MONDAY, APRIL 30, 2018, HOUSTON

Sales Essentials for Retail/Special Finance Dealers Presented by Justin Osburn, 20 Group Moderator & Training Consultant at NIADA.

Justin Osburn, moderator of Dealer 20 Groups, presents this training on everything from setting dealership sales goals, to getting prospective customers onto your lot, to closing the deal. This is the most relevant sales training for independent dealers focusing on today’s car buyer. Through interactive demonstrations of specific techniques, attendees will leave with an action plan and the resources to remain competitive in the market. 9:00am - 1:00pm

$199 TIADA Members, Each Additional $149 (must be from same dealership), $399 Non-members MONDAY, MAY 21, 2018, HOUSTON

Register online at www.txiada.org or by phone at 512.244.6060. Texas Independent Automobile Dealers Association


feature

Reach More Car Shoppers with Mobile Video on Facebook by Gabrielle Garrison Partner Manager Facebook / Instagram

W

hen you wake up in the morning, what is the first thing you do? For me, I turn off the alarm clock, check my phone for news and weather, jump in the shower and get ready for the day. Others might have a different morning ritual, but I bet that almost everyone’s morning routine involves their mobile phone. Not only is your mobile phone part of your mornings, it’s likely part of your afternoons, evenings and night until just before you go to bed. Now imagine your life without your mobile phone in

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it. How would that change your morning routine or how you communicate throughout the day? Without a mobile phone, everyday tasks are more challenging, like communicating with your family or finding out the latest traffic report. The truth is, we live in a world that is so heavily reliant on our phones, that it is no longer just a device — it’s part of who we are. Car shopper behaviors are taking shape around the mobile world we live in, and the way we reach out to these car shoppers

...there is a huge opportunity for dealerships to reach car shoppers where they are spending a lot of time. 35


must follow suit. With one out of every five mobile minutes spent on Facebook and Instagram,1 there is a huge opportunity for dealerships to reach car shoppers where they are spending a lot of time. It’s not just about reaching out to car shoppers on their mobile phones: how you reach out is just as important. In 2017, the digital landscape saw a big uptick in video consumption, and this trend is not going away. In fact, Cisco estimates that video will be 75% of all mobile data traffic by 2020 (compared to over half now).2 The future of mobile is video, but it’s important to know that video consumption on mobile is not the same as video on other devices. It takes people only 1.7 seconds to consume mobile content on Facebook, versus 2.5 seconds on desktop.3 Because of the speed of content consumption on mobile, capturing attention with thumb-stopping creative is becoming more and more important for dealerships that want to reach car shoppers who will visit the dealership lot. To help with thumb-stopping mobile creative, follow four principles for video success on Facebook:

Capture Attention Quickly

Facebook and Nielsen research found that up to 47% of the value in a video campaign was delivered in

36

...it’s important to deliver your message visually. Show captions, logos and vehicle incentives that can help communicate your message, even in silence. the first three seconds, while up to 74% of the value was delivered in the first 10 seconds.4 Using colors, themes and imagery that identify your brand at the start of your video can help people connect the advertisement to your brand quickly. Consider starting your video with product shots of the vehicle, recognizable dealership logos or a vivid background to spark interest. T e x a s

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Producing videos for a small screen requires consideration of dimension and scale. Play with zoom, crop and overall visual composition to make sure that your story is told well on a small screen. Design for Sound Off

In a recent Facebook study,5 76% of rated video ads required sound to be understood, which means it’s important to deliver your message visually. Show captions, logos and vehicle incentives that can help communicate your message, even in silence.

Frame Your Visual Story

If you look at your dealership’s commercials from TV on your mobile phone, you might notice that the impact is not a grand as it is on a larger screen. Producing videos for a small screen requires consideration of

dimension and scale. Play with zoom, crop and overall visual composition to make sure that your story is told well on a small screen.

Play More

One size does not fit all when driving actions with mobile video, so keep experimenting, testing and iterating to learn what works for your dealership and target audience. Mobile video creative is within everyone’s ability to create, and free mobile apps like Legend and Ripl6 make the creation process easy for beginners and pros alike. The mobile shift has already happened, and the future of mobile is video. Leverage these best practices to develop personalized mobile video creative that drives impact not only on a car shopper’s newsfeed, but also on the dealership lot.

Gabrielle Garrison is an Automotive Partner Manager at Facebook.

Sources:

1 - Source: US ComScore data, Media Metrix June 2015 2 - “Cisco Visual Networking Index: Global Mobile Data Tra c Forecast.  Update 2015 -2020.” by Cisco 2/3/17 3 - Facebook Data Q3 2015 4 - Facebook commissioned Nielsen to analyze its database of Brand Effect studies, n+ 173 studies included video worldwide, mid Dec 2014 - Mid Feb 2015 5 - https://www.facebook.com/business/learn/facebookcreative-tips-for-mobile-videos-ads 6 - Available in Google Play and iOS app stores

Please Welcome Our Newest TIADA Members DEALER MEMBERS

ASSOCIATE MEMBERS

A & P Motors – General McMullen Ernan Salinas 425 S. General McMullen San Antonio, TX 78237

Continental Automotive of Fort Worth David Chavez 8005 Vista Del Sol St. Azle, TX 76020

PLS Auto, Inc. Gene Daughtry One South Wacker Dr. 36th Floor Chicago, IL 60606

Elkins Auto Sales Ignacio Chavez 3137 Stuart Dr Fort Worth, TX 76110

RGValley Auto Center LLC Greg Nava PO Box 3145 San Juan, TX 78589

Auto Martz Ruben Martinez PO Box 1612 Mission, TX 78573

Jackson Direct Motors Jay Jackson 19308 Morton Rd, Suite 101 Katy, TX 77449

Venpower Auto Sales Jesus Cedeno 9531 E. Nightingale Hill Lane Katy, TX 77494

Chami Automotive Omar Chami 15222 McKaskle Rd. Sugar Land, TX 77498

Montalvo Auto Sales, LLC Wendy Sandoval 11645 State Highway 249 Houston, TX 77086

Wright Motor Group Samuel Wright 1213 E Palm Valley Blvd. Round Rock, TX 78664

A & P Motors – Culebra Antonio Gonzalez 3915 Culebra Rd San Antonio, TX 78228

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Assurance Specialists of Texas Alan Schriewer 726 N. Walnut Ave., Ste. 101 New Braunfels, TX 78130 Fastlane Technologies Brandon Hall 4144 N Central Expy Dallas, TX 75204 SGI Services Steve DeLuke 3712 Pine Village Court Spring, TX 77386 XLFunding LLC Garrett Weyrich 10333 N Meridian, Ste. 200 Indianapolis, IN 46290

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Dealer Academy VIRTUAL

WORKSHOP

SERIES

Reporting to the Credit Bureaus – A Practical Approach for Dealers A virtual workshop with Donald W. Gould, Stakeholder at Johnson DeLuCa Kurisky & Gould, a Professional Corporation One of the most frequent questions that customers ask dealers is whether the dealer will furnish payment history to the credit reporting agencies. As dealers know, this is a complicated question!

11:00 a.m. - 12:00 noon $49 TIADA Members

Donald Gould is a highly sought after legal expert who represents some of the top auto dealers in the country. His experience includes protecting dealers’ rights across a broad spectrum of concerns and compliance with the various administrative agencies governing the industry. This workshop will discuss practical ways to furnish data to CRAs while complying with the rules. Using reallife scenarios to illustrate best practices, Don’s relatable delivery and wealth of knowledge will be more than worth your time.

TIADA

Thursday, January 25, 2018

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feature Excerpts from The CARLAWYER

©

by Thomas B. Hudson and Nicole F. Munro

T

urkey month proved more than usually eventful for the auto sales, financing and leasing world. This month, we report on activities of President Trump, the Senate, the Federal Reserve Board, the Federal Trade Commission, and the Consumer Financial Protection Bureau. As usual, this month’s article features our “Case of the Month.” Why do we include items from other states? We want to show you legal developments and trends. Also, another state’s laws might be a lot like your state’s laws. If attorneys general or plaintiffs’ lawyers are pursuing particular types of claims in other states, those claims might soon appear in your state. Note that this column does not offer legal advice. Always check with your lawyer to learn how what we report might apply to you, or if you have questions.

This Month’s CARLAWYER© Compliance Tip

Take a gander at the “Case of the Month,” below. In that case, a dealer successfully defended a claim by a buyer that the vehicle the buyer bought on an “as-is” basis came

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with an implied warranty. Dealers in most states can “disclaim” such warranties, as this dealer did, by using certain disclaimer terms in the sale documents. The law requires, though, that the disclaimer language be “conspicuous.” Take a look at your sale documents’ disclaimer language. Does it jump off the page at you? If not, maybe it’s time for a rewrite.

Federal Developments Axing the CFPB’s Arbitration Rule

On November 1, President Trump signed a joint resolution nullifying the CFPB’s arbitration rule, which limited the effectiveness of 39


mandatory arbitration clauses in consumer financial contracts by banning class action waivers. A week prior, the Senate voted 5150 to pass the resolution, with the vice president breaking the tie.

Dealers Behaving Badly

On November 6, the FTC obtained a proposed court order settling allegations that a group of Southern California dealerships violated a 2014 administrative order prohibiting them from misrepresenting the cost and terms of vehicle financing and leasing in their ads. The current proposed order addresses similar advertising misrepresentations, in violation of the Truth in Lending Act and the Consumer Leasing Act. The order also provides for a $1.4 million civil penalty.

later, President Trump appointed Mick Mulvaney, the director of the Office of Management and Budget, to serve as acting CFPB director until the Senate confirms a permanent director, setting up a conflict with Cordray’s appointee. On November 26, English sued Mulvaney and the president in the U.S. District Court for the District

of Columbia, asking the court to restrain Mulvaney from heading the CFPB until a permanent director can be nominated and confirmed. Two days later, the judge denied her request for a temporary restraining order, but has not yet issued a decision on the merits of her claim that she has the authority to serve as acting director of the CFPB.

Upping the Ante

On November 8, the CFPB and the FRB announced that they are increasing the dollar thresholds in Regulations Z (Truth in Lending) and M (Consumer Leasing) for covered consumer credit and lease transactions. The thresholds for TILA and the CLA must be adjusted annually based on the increase in the consumer price index. Based on the annual percentage increase in the CPI as of June 1, 2017, TILA and CLA protections generally will apply to consumer purpose credit transactions and consumer purpose leases of $55,800 or less in 2018 — an increase of $1,200 from 2017. However, private education loans and loans secured by real property (such as mortgages) are subject to TILA regardless of the loan amount.

Cordray Takes His Exit

On November 24, Richard Cordray resigned as director of the CFPB and appointed his chief of staff, Leandra English, as deputy director. A few hours

40

Case of the Month

“As Is” Statements in Bill of Sale and Buyer’s Guide Sufficient to Exclude Implied Warranty on Used Car that Became Inoperable Three Days After Purchase

A woman bought a used car “as is” from a dealership. The car worked for only three days before breaking down. The dealership offered the buyer $2,000 toward another car, but the buyer rejected the offer and sued. The dealer’s Bill of Sale and the Buyer’s Guide both noted in large, capital letters that the sale was “as is.” The trial court noted that there was no warranty, but it nevertheless awarded the buyer $1,500, reasoning that “a car should last more than three days.” On appeal, the dealership argued that it had properly disclaimed all express and implied warranties. The Appellate Court of Illinois discussed Section 2-316 of the Illinois Uniform Commercial Code, which allows a seller to exclude implied warranties from a contract for the sale of goods. The statute provides that “unless the circumstances indicate otherwise, all T e x a s

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“...unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like ‘as is’, ‘with all faults’ or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty.” implied warranties are excluded by expressions like ‘as is’, ‘with all faults’ or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty.” The appellate court also discussed Section 2-608 of the Illinois UCC, which provides the circumstances in which a buyer may revoke acceptance of a purchased good. The appellate court reasoned that the buyer had “no claim for revocation of acceptance based on a ‘nonconformity’ that substantially impaired the value of the vehicle … where [the dealership] effectively disclaimed any implied warranties and sold a used car … ‘as is’ because the condition of the vehicle - a used vehicle in ‘as is’ condition did, in fact, conform with the parties’ agreement.” The appellate court concluded that using the term “as is” was sufficient for the dealership to disclaim the implied warranty of merchantability under Section 2-316 and that the buyer had no claim for revocation of acceptance under Section 2-608. Therefore, the appellate court reversed the trial court’s award of $1,500 to the buyer. See Boyd v. Steve’s Key City Auto, 2017 Ill. App. LEXIS 665 (Ill. App. October 26, 2017).

Practice Note

Some states prohibit the disclaimer of implied warranties. For dealers in Illinois, note that the Legislature recently enacted a law which disallows

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disclaimers of implied warranties in most used vehicles sales. Illinois House Bill No. 4377 amends Illinois’ Consumer Fraud and Deceptive Practices Act to require generally that dealers provide a limited 15 day/500 mile warranty on the sale of most used vehicles. Dealers are prohibited from disclaiming the UCC warranty of merchantability during this limited warranty period. Additionally, an agreement for the sale of used vehicles subject to the law must include a detailed disclosure as set forth in the new legislation. See 815 ILCS 505/2L. So, there’s this month’s roundup! Stay legal, and we’ll see you next time.  Tom (thudson@hudco.com) is Of Counsel and Nikki (nmunro@ hudco.com) is a Partner in the law firm of Hudson Cook, LLP. Tom has written several books and is the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers. He is the CEO of CounselorLibrary.com, LLC and the Editor in Chief of CARLAW®, a monthly report of legal developments for the auto finance and leasing industry. Nikki is a contributing author to the F&I Legal Desk Book and frequently writes for Spot Delivery. For information, visit www.counselorlibrary.com. © CounselorLibrary.com 2017, all rights reserved. Single publication rights only, to the Association. (12/17). HC/4818-3568-8536v1.

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Happy New Year

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LOCATIONS

Wishing you all the joy the holidays can bring! Atlanta, GA Austin, TX Baton Rouge, LA Bowling Green, KY Birmingham, AL Chicago, IL

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North Houston

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1440 FM 3083 Conroe, Texas 77301 Phone: 936.441.2882


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Tuesday, February 13, 2018

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behind the wheel Good Bye Auction VIP Card, Hello Auction App!

L

ater this month every TIADA dealer member will receive information on how to download the new Auction App to their mobile device (see page 6). This new member benefit will bring with it even more savings than the Auction VIP Card our dealer members have enjoyed for the past 10 years. The Auction App will include the $200 savings off your buy or sell fee just like the VIP Card did but the new technology will allow auctions to offer even more discounts and coupons throughout the year and they will be delivered directly to your mobile phone. One of the biggest problems we used to experience with the old paper card was when our members would tell us they lost the card or simply would forget to bring it to the auction. The new Auction App should cure that problem quickly. As long as you have your phone (and when was the last time you left your phone at home?) you will have your discount coupons with you. We would also struggle when a new auction would open in the middle of the year and want to participate in the auction VIP Card. Due to cost; we only printed the card once a year and could not add new auctions throughout the year. This new app will allow us to introduce new auctions whenever they open and bring immediate saving to our members. I must admit I have only downloaded about six apps in my entire life and we anticipate a few bumps along the way. We will have ample instruction on how to download and start using your new app and if all else fails you can always just give us a call. We have a team ready to help you. While I only have a handful of apps on my phone they have become a big part of my life. I receive all my flight information and my boarding pass through one of my apps, I order and pay for ride sharing through another, I deposit checks and review my bank accounts

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by Jeff

Martin

TIADA EXECUTIVE DIRECTOR

The Auction App will include the $200 savings off your buy or sell fee just like the VIP Card did, but the new technology will allow auctions to offer even more discounts and coupons throughout the year and they will be delivered directly to your mobile phone. through one and I listen to some of my favorite music on another. I anticipate this new Auction App will become a big part of your life too. I don’t have an app on my phone that will save me thousands of dollars but you are about to! However; none of this would be possible without the support of our auction partners. Every year we reach out to auctions asking them to support you and the association. Auctions that 45


understand the value of TIADA and appreciate the dealer relationship are always looking for opportunities to help strengthen the association. Take a close look at pages 26-27, and you’ll find a group of true friends there, auctions that have been supporting the association for years and a few new faces. All looking forward to participating in the new Auction App and the opportunities it will bring the industry. Even though you might see your go-to auction listed on the Auction App, I want to challenge you to visit as many auctions as you can in 2018, even those you’ve never visited previously. First, it will increase the money you

can save but also, we owe these partners our support—think about the investment they’re making by offering this discount to every TIADA member. While you’re at the auction, I’m even going to ask you to go the extra mile and make it a point to thank the GM and all the auction team for participating in the VIP Auction Card and supporting the association that represents your industry. And if you find yourself at an auction that doesn’t participate on the app, I encourage you to ask them why not. If you haven’t already done so, renew your membership at www.txiada.org and get access to your 2018 Auction App. 

Garage Liability Kevin Smith Insurance is now Tri-State Dealer Services. With expansion and coverages being available outside of Texas, we’ve changed our name to better suit the areas of our growing agency.

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Texas Dealer January 2018  
Texas Dealer January 2018