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SINCE 1940

December 2013

www.FIADA.com

A Publication of the Florida Independent Automobile Dealers Association

Information and Insight for Florida Used Car Dealers

2013 was a mixed bag, and you made it through. As we prepare for a new year, Let FIADA help ease the stress with member benefits that provide real value to your business.

FULTON, MO PERMIT NO. 38

PA I D PRST STD U.S. POSTAGE

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December 2013 — Independent Dealer — 1


PAID ADVERTISING


Dealer Independent

MAILING ADDRESS 1840 Fiddler Court Tallahassee, FL 32308 TELEPHONE (850) 385-2712 (800) 237-0448 FAX (850) 385-3251 WEBSITE www.FIADA.com EXECUTIVE COMMITTEE Dino Mercurio President Jim Winterick, Sr. Senior Vice President Christopher Leedom Chairman of the Board Phil Risley Secretary

Contents December 2013

For members of the Florida Independent Automobile Dealers Association

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

President’s Message Dino Mercurio

6

Executive Director’s Message Lisette Mariner

8

Back to Basics Give your customers a sign that you are a dealer that follows the rules.

10

Membership News New, Renewing and Rejoining Members

12

2013 Record Retention Rules for Automobile Dealers CPA Jorge Martinez gives a summary of what documents should be kept and for how long after year-end.

15

Certified Master Dealer Course is Coming to Florida A chance to attend the NIADA Certified Master Dealer Course in Tampa.

16

Building a Legacy Palm Tree Auto Sales is a family-run business still going strong.

POSTMASTER:

18

Legislative Update Be a part of the election process this season.

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

20

2G Sunset: What It Means to the Automotive Industry As the slower 2G wireless speed is phased out to make room for the growing wireless market, will there be any affect to your dealership?

21

NIADA Scholarship Benefits High School Seniors

24

Data Privacy in the Information Age A global look at how customer data is currently safeguarded.

28

A Look At Current Legal Issues Attorney Tom Hudson runs through the list of recent court decisions that could affect you.

30

Industry News

Paul Matton Treasurer Lisa Compagno Regional Vice President Frank Fuzy Regional Vice President George Hickey Regional Vice President Steve Marbais, CMD Regional Vice President Govinda Romero Regional Vice President FIADA STAFF Lisette Mariner Executive Director Terry Myers Educational Instructor Sarah Langley Administrative Director Nicole Lee Development Administrator Amelia Tillman Administrative Assistant Christy Taylor Editorial/Advertising

Send address changes to

The Independent Dealer is a publication of: Florida Independent Automobile Dealers Association, 1840 Fiddler Court, Tallahassee, FL 32308 The magazine is published every month in Tallahassee and distributed to Florida new, used, wholesale and lease/retail car dealers. Advertising rates are available upon request. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of Independent Dealer or the Association. Likewise, the appearance of advertisers, or their identification as members of FIADA, does not constitute an endorsement of the products or services featured.

www.fiada.com

December 2013 — Independent Dealer — 3


FROM THE PRESIDENT

Trust Your Gut BY DINO MERCURIO, FIADA PRESIDENT

H

ard to believe, but another holiday season is upon us and we are set to close the books on 2013! This is not only a great time to recognize all the things we are thankful for, but a time to reflect on the past year and what it has taught us. I think the most important thing I learned this year was to continue to be patient and stick with your best business practices. As the market changes and evolves, it is not always wise to jump on the proverbial band wagon and subscribe to the latest trend or fad. Yes, you must be in tune with the marketplace and be able to react and adjust as needed, but don’t lose sight of the basic business principles that got you to this point. Listen to your employees, listen to your customers, and listen to

your gut instincts. These three sources of information are invaluable and will rarely lead you in the wrong direction! I have high hopes for 2014 and truly believe it will be a great year to be an independent used car dealer. Wishing all of you and your families a safe and happy holiday season, and a healthy and profitable new year! Thank you, Dino Mercurio FIADA President

Florida rules and regulations change every year. Stay informed and up‐to‐date with these FIADA resources: • FIADA YouTube Channel • FIADA Webinars • In‐Person Continuing Education and Title & Registration classes • FREE newly developed Online C.E. classes • New articles every month in the Independent Dealer • FIADA eNewsletter Get the most out of your membership in 2014! Take advantage of all of your members‐only benefits like our technical assistance line, online repo manual, Red Flags Rule, and Safeguards Resources. Login at www.FIADA.com. 4 — Independent Dealer — December 2013

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We’re hiring your new F&I manager. Find out when they start. Visit newFandImanager.com

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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Protect Tomorrow. Embrace Today.™ Vehicle Protection Plans I GAP Coverage I Credit Insurance I Limited Warranty Products Dealer Participation Programs I F&I Training I Advanced F&I Technology

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

www.fiada.com

December 2013 — Independent Dealer — 5


EXECUTIVE DIREC TOR’S MESSAGE

It’s the Most Wonderful Time of the Year! …Or is it? BY LISET TE MARINER, EXECUTIVE DIREC TOR

W

e would like to think that December is a chance to spend some time away celebrating holidays with friends and family. In reality, though, December often feels like crunch time spent cramming in all of those last minute end-of-the-year responsibilities. Even when you try to take a break, it’s easy to get caught up in the hustle and bustle of the holiday to-do list.

Executive Director Lisette Mariner outside the Capitol Building in Washington, D.C. as part of the NIADA 2013 National Leadership Conference and Legislative Summit.

As 2013 comes to a close, I encourage you to take some time to reflect. Your FIADA family is full of ideas and resources for your business, so as you look ahead to 2014, consider setting some goals to utilize your FIADA member benefits to their fullest. To get started, here are some upcoming FIADA events to include on your January calendar: Attend the January 17th Town Hall Get off to the right start by attending our January Town Hall Meeting on Friday, January 17 at the Hilton Tampa Airport Westshore located at 2225 N Lois Ave, Tampa, FL, 33607. This is a great opportunity to network with dealers and vendors. Got a reconditioning, legal or auction question? Ask the experts! This FREE meeting is from 10 a.m. to 2 p.m. Self-parking is complimentary, and lunch is provided by Auto Data Direct, Inc. To register for the Town Hall, call (850) 385-2712 or visit www.FIADA.com. If you need overnight accommodations, reserve a room online or call (800) 445-8667. Mention that you are with the Florida Independent Automobile Dealers Association to receive the $99 room rate. Become a Certified Master Dealer FIADA has partnered with NIADA to provide the Certified Master Dealer (CMD) program in Tampa on January 1820, 2014. This three-day program is the industry’s most respected training program. The cost for this program is $2,495 per person. Visit www.fiada.com for details and registration information. 6 — Independent Dealer — December 2013

Stay Informed and Take Advantage of Your Member Benefits Florida rules and regulations change every year, and FIADA is constantly adding new educational resources to keep our members ahead of the game. First, keep doing what you’re doing and read this magazine every month! This magazine is your number one source for relevant, timely articles tailored to Florida Independent dealers. Visit www.FIADA.com to view FIADA webinars and recorded 2013 Convention sessions. In addition to that, read our monthly eNewsletter, check out our FIADA YouTube channel, and utilize our member-only benefits like the technical assistance line whenever you have a legal question. Need a refresher course? Register for a Title and Registration or Continuing Education course – available in person and online. I hope you have a wonderful holiday season. And remember, once you’re finished taking inventory and tackling your end-of-the-year obligations, make sure you take some time off to enjoy this time with your family. www.fiada.com


Y 28 DA T FLOA

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check out our websites:

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BACK TO THE BASICS

What’s Your Sign? Let your customers know you follow the rules even before the sales process has started. By TERRY MYERS

N

o one likes complaints, objections or questions that interrupt the sales process. One of the best tools to help offset these is to answer them in advance. Four of the federal requirements dealers must comply with are the SDN list, G-L-B Privacy Act, Red Flag Rules and the $10,000 Cash Reporting Rule.

It’s the Law

To Protect You, This Dealership Abides by the Law

Anti-Terrorist Rule USA Patriot Act/Executive Order 13224 Prohibiting Transactions with Terrorists (Every person’s name is run against this list.)

Safeguard/Red Flag Rules

One way I would address this early with the prospect/ customer would be with a sign posted at the entrance and on the sales desk (see example). This is not a mandatory requirement, but has real benefits.

Mandatory requirement to safeguard the integrity and confidentiality of the customer’s credit and private information.

The advantage to the dealer is that it notifies the prospect/ customer that the dealer abides by the law. Honest people would find it refreshing. Some level of confidence is silently implied upon entering. Dishonest people would be encouraged to turn around and seek out dishonest transactions elsewhere.

$10,000 Cash Reporting Requirement

No law, other than Murphy’s Law requires the use of a sign such as this. Prospects seek comfort by asking friends, neighbors, coworkers, relatives, etc. for a ‘sign’ in the form of a recommendation. When they come to your dealership they look for signs that you are a professional. Having the FIADA and NIADA member signage in the dealer window, on your letterhead, your website, email and business cards is another way to express professionalism and increase the buying public’s confidence.

USA Patriot Act / Section 365 Requires the reporting of cash of over $10,000.00 received in a single or multiple payments on one transaction. PROUD MEMBERS OF

It’s up to you to set the tone. So…what’s your sign? This article is not all encompassing. It is always wise to consult your attorney to help assure compliance. Remember, “What you know makes you money. What you don’t know costs you a fortune.” Terry Myers is an instructor for the FIADA Dealer Training School and owner of Florida Auto Dealer School. If you have technical questions or concerns about compliance issues for your dealership, please call the FIADA office at (800) 237-0448. 8 — Independent Dealer — December 2013

It is not mandatory, but a sign like this one posted around your dealership will not only answer the questions before they are asked, but show customers you are an honest business that follows the rules. Feel free to make copies, or enlarge, this example for use at your dealership. www.fiada.com


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MEMBERSHIP NEWS

New Members Allan Tesini

Zephyrhills, FL Sponsor: FIADA.com Buzzy York

Ocala, FL Sponsor: Terry Myers Colonial Star Auto Center

Orlando, FL Gerson Corominas Sponsor: FIADA Georgina Quality Motors Inc.

Ottawa, Canada Alec Villeneuve Sponsor: FIADA.com

NOVEMBER 2013 Off Lease Financial

Sanford, FL Jeff Greenberg Sponsor: Rick Davis/VetAuto PCH 1 Motorsports

Tarpon Springs, FL Scott Poteri Sponsor: FIADA.com Stephen Nunno

Lutz, FL Sponsor: Terry Myers Used Car Sales

Orlando, FL Emmanuel Gonzalez Sponsor: FIADA.com

Rejoining Members N O V E M B E R Auto Mart of Ocala

Mg Auto Sale Corp

Ocala, FL Jeff Payton Sponsor: Amelia Tillman

Orlando, FL Mustafa Ghulam Sponsor: Amelia Tillman

Autos Unlimited, LLC

Royal Administration Services

Sarasota, FL Patricia Rogers Sponsor: Amelia Tillman

2013

Hanover, MA Joanne Wisnaskas Sponsor: Sarah Langley

Computerized Vehicle Registration

Super Cars Auto Sales, Inc.

Buena Park, CA Scott O’Laughlin Sponsor: Sarah Langley

Bonita Springs, FL Anthony Tumbarello Sponsor: Amelia Tillman

Renewing Members

NO VEMBER 2013

50+ Year Members John Rogers Used Cars Manheim’s Lakeland A/A, Inc.

Orlando, FL Lakeland, FL

30+ Year Members Car Collection of Tampa

Tampa, FL

20+ Year Members ADESA A/A of Jacksonville Cherry Cars, Inc.

Jacksonville, FL Fort Myers, FL

10+ Year Members Alas Auto Brokers Inc. Angelo Auto Wholesale Frazer Computing, Inc. March Auto, Inc. Mobility Freedom, Inc. Reliable Used Cars, Inc. dba Deland Reliable Cars Tom Bush Auto Plex Wayne Reaves Computer Systems Xpress Finance, Inc.

Sunrise, FL Jacksonville, FL Canton, NY Jacksonville, FL Clermont, FL Deland, FL Jacksonville, FL Macon, GA Orlando, FL

Under 10 Year Members Accel Motorsports Inc. Charlotte County RV Center, LLC Corbin Auto Sales Ex-Change Auto, Inc. Financial Insurance Brokers International Florida Fine Cars Inc North Florida Motosports, LLC Orlando Auto Auction Tallahassee Salvage, Inc. The Motorcoach Store Traditional Motorsports Ultimate Motorcars of Florida, Inc. Used Car Supermarket Waterfront Auto Sales, Inc.

Orlando, FL Port Charlotte, FL Chipley, FL Pinellas Park, FL Coral Gables, FL Miami, FL Gainesville, FL Celebration, FL Havana, FL Bradenton, FL Lakeland, FL Tampa, FL Tallahassee, FL Port St Joe, FL

Calling all Members, Vendors and Partners! Get rewarded for sponsoring new FIADA members. Sign the roster and get your playbook now online at FIADA.com.

10 — Independent Dealer — December 2013

www.fiada.com


Best Selling. Best Performing. BeSt oPtIon! The Talon by GoldStar GPS. Still the best-selling and best-performing GPS tracking device around. Let’s get to the truth about The Talon GPS Tracking Device from GoldStar GPS. It’s still by far the best-performing and best-selling device in our market. But don’t take our word for it. Just take a look at the numbers.

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the Facts Don’t lie: • 10th generation patented technology innovation • Over 500,000 units sold in less than 1 year — more than any other device in our market • Next to non-existent failure rate of just 0.4% • High quality, rugged, automotive-grade engineering and design • Water-resistant, integrated sealed cable for enhanced durability • Resettable fuse located in-device for greater protection • Meets & exceeds all required carrier certifications for receiving and transmitting cellular data

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1-866-655-8825 l GoldStarGPS.com/talon-best-option ©2013 Spireon, Inc. All Rights Reserved.


C PA C O R N E R

2013 Record Retention Rules for Automobile Dealers A guideline of what documents you still need to keep, even after year-end financials. By jorge L. Martinez

A

s it comes time for most of you to put together your year-end records, you are probably asking yourselves: Once I give all of this to my accountant and finish my financial statements and tax return, do I need to keep it any more? I’ve been keeping everything for years. Do I still need it? Why do I still need it? How much of this can I throw away (without getting into trouble later)?

These are good questions. Proper record retention and record management will make it easier for you to keep track of important information without losing it in the clutter of the “Pack Rat Syndrome.” How Long Should You Retain Tax Records These records may have to be produced if the Internal Revenue Service (or a state or local taxing authority) were to audit your return or seek to assess or collect a tax. In addition, lenders, co-op boards, 12 — Independent Dealer —December 2013

or other private parties may require that you produce copies of your tax returns as a condition to lending money, approving a purchase, or otherwise doing business with you. Keep Tax Returns Indefinitely and the Supporting Records Usually for Six Years In general, except in cases of fraud or substantial understatements of income, the Internal Revenue Service can only assess tax with respect to a year within three years after the return was filed for such year. For example, if you filed your 2012 individual income tax return on or before its unextended due date of April 15, 2013, IRS could assess tax until April 15, 2017. If you filed your return late, IRS has three years from the date you filed. The problem with the three-year rule is that the assessment period is extended to six years if more than 25% of gross income is omitted from a return. Neither period begins to run until a return is filed. Therefore, if the Service claims that you never filed a return for a particular year, it can assess tax for that year at any time (even beyond three or six years), unless you can prove that you did file. While it is therefore impossible to be completely sure that the Service will not at some point seek to assess tax, retaining tax returns indefinitely and important records for six years after the return is filed should, as a practical matter, be adequate. Records Relating to Property May Have to be Kept Longer Than Other Records Keep in mind that the tax consequences of a transaction that occurs in one year may depend on things that happened in earlier years—and that the period for which you should retain records must be measured from the year in which the tax consequences actually occur. This may be significant, for example, where you sell property that you bought years earlier.

For example, suppose you bought your home in 1985 for $200,000 and made an additional $20,000 of capital improvements in 1988. You then sold your home in January 2013. In order to determine the tax consequences of the sale, it’s necessary to know your basis, which depends on the earlier transactions. If your 2013 return is audited, you may have to produce records relating to the purchase in 1985 and the capital improvements in 1988 in order to substantiate your basis. In effect, therefore, such records should be kept until six years after the 2013 return has been filed-even though they relate to years long past. When new property takes the basis of old property, records relating to the old property should be kept until six years after the sale of the new property is reported. For example, suppose you purchased a car for business use in 2000 and you traded it in on a new car for business use in 2003. You sell the new car in 2013. Your basis in the new car will determine whether you have a tax gain or a tax loss on the sale. And your basis in the new car is determined, at least in part, by your basis in your old (2000) car. So records relating to your old car should be kept until 2019 (i.e., for six years after the 2013 return is filed). Similar considerations apply to other property which is likely to be purchased and sold—for example, stock, other securities such as mutual funds, etc. And, because the calculation of the casualty and theft loss deduction is affected by your basis in the property, you will need to have records to support that basis, until six years after you file the return containing the loss deduction. Certain records are required to be maintained as a result of regulatory agency rules (e.g., IRS and DOR); as a result of insurance rules (e.g., appraisals www.fiada.com


of specially insured property); as a result of future need (e.g., permanent corporate records like stock certificates, minutes, etc., fixed asset records); and as a result of common sense (e.g., insurance policies, on-going contracts and agreements). All of these records have different purposes and, logically, must be kept for different periods of time. Below are listed some of the common records that all businesses have and their recommended (or required, in some cases) retention periods. Records to be stored permanently • Bills of sale • Titles • Bonds and stock certificates • Corporate documents including articles of incorporation, stock certificates and records of transfer, annual Board of Director and Shareholder meeting minutes • Copies of tax returns; corporate income, pension plan, estate and gift • All pension plan documents including annual participant information • Year-end financial statements Records to be kept for a period after applicability • Employment records including employee applications, payroll records, correspondence and contracts – keep for seven years after employee is terminated • Leases for equipment and real property – keep for seven years after expiration • Mortgages – keep for seven years after payoff • Fixed asset records including purchase invoices, records of improvements to real property, depreciation schedules – keep for seven years after disposal of asset • Insurance policies – keep for three years after expiration Records to be kept for a specific period • Bank statements, canceled checks, deposit slips, bank reconciliations – www.fiada.com

• • •

keep for seven years Accounting records including ledgers and journals, payroll, sales and property tax returns – generally keep for 10 years Records of temporary tags issued – keep for one year Dealer power of attorney/odometer disclosure – keep for five years Records of all purchases of inventory and parts – keep for seven years

Some of the above records may be on your computer systems. If this is the case, you should keep not only a copy of the printed report for the period recommended above, but also a copy of the backup disk that contains the file from your computer. In addition, auto dealers have some special records that are not mentioned above. Each vehicle sold will have a folder (deal jacket) in a file in your office. It contains all the information about the sale, purchase, improvement, financing and possible repossession of the vehicle. You must keep this file for at least five years after the year-end in which the receivable is paid off, the sale (if the vehicle was paid for in cash) or the vehicle was repossessed, whichever is applicable. In Case of Separation or Divorce If separation or divorce become a possibility, be sure you have access to any tax records affecting you that are kept by your spouse. Or better still, make copies of the tax records, since in such situations, relations may become strained and access to the records difficult. Your records should include a copy of the divorce decree or agreement of separate maintenance, which may be needed to substantiate alimony payments and distinguish them from child support or a property settlement. Copies of all joint returns filed and supporting records are important, since the liability for tax on a joint return are joint and several. Therefore, a deficiency may

be asserted against either spouse. Your records should also include agreements or decrees over custody of children and any agreements of who should claim an exemption for them. Retain records of the cost of all jointly-owned property. And get from your spouse or former spouse records on the cost or other basis of all property transferred to you by him or her during your marriage or as a result of the divorce, because your basis in this property is the same as your spouse’s or former spouse’s was. Loss or Destruction of Records To safeguard your records against loss from theft, fire, or other disaster, you might wish to consider keeping your most important records in a safe deposit box or other safe place outside your home or business. In addition, you may want to keep copies of the most important records in a single, easily accessible location so that you can grab them if you have to leave in an emergency. These guidelines are necessarily brief and in summary form. Before removing and/ or destroying any of your records, you should consult with your tax and legal advisors for any specific record retention guidelines they have for your records. Caution: This article is prepared by Martinez & Associates, CPAs for our clients and friends. Please note that any tax advice contained in this publication is not intended or written to be used by, and cannot be used by, the recipient for the purpose of (i) avoiding penalties under the Internal Revenue Code, or applicable state or local tax law provisions, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. The information included is general in nature and abbreviated and is not intended to be considered tax advice. Anyone reading this information is advised to seek advice from our office or from his or her own tax professional regarding applicability of this information to his or her own circumstance. Jorge L. Martinez, of Martinez & Associates, Certified Public Accountants and Business Advisors, is located in Orlando, FL and may be reached at (407) 834-0777 or online at www.moacpa.com.

December 2013 — Independent Dealer — 13


QUESTIONS ABOUT CE?

Call the office at (800) 237-0448 or log on to our FAQ page at FIADA.com/? Registration FAQs

DMV requires that all Florida Dealers renew their Continuing Education credit every two years. If you last took a C.E. course in 2012, you must complete another class by April 30, 2014. Don’t worry! As an FIADA member, you have the benefit of FREE online Continuing Education. You, or an employee of your dealership, can take any of the online CE courses at www.FIADA.com including: Title & Registration: This course covers information about: • What is acceptable proof of ownership in Florida, other states, and other countries, • When notarization is acceptable or required, • Where to find proof of present and past ownership, • Odometer readings, • When and how to remove or add a lein, and • Where to find answers to other questions as your business grows. Examples and case studies are provided to clarify ownership and is given in a recorded webinar format with voice recording, PowerPoint slides, and a PDF Title & Registration manual. This course provides 8 hours of Continuing Education credit.

Online Continuing Education: A newly updated course that consists of a series of videos which include live instruction, PowerPoint slides, and a manual. The course includes 3 video segments: • Division of Motorist Services (DMS) • Legal/Legislative • Industry Related Topics of interest include a curbstoning update, electronic titles & lien process, the implications of the federal Truth in Lending Act (TILA) and Regulation Z, the USA Patriot Act, Auction success tips, and FTC Red Flags Rule. This course counts toward 8 hours of Continuing Education credit. You have 30 days to complete the course. At the end of the online course, you can print your continuing education certificate to provide to the DMV.

REGISTER ONLINE

www.FIADA.com 14 — Independent Dealer —December 2013

www.fiada.com


Certified Master Dealer Course is Coming to Florida Here’s your chance to be included among the best of the best by participating in the nationally certified course.

T

he Certified Master Dealer® program was developed in 2001, in collaboration with Northwood University, to help dealers manage and grow their businesses. Since then, it has grown into one of the industry’s most respected training programs. Dealers who attend this training are committed to the industry, support ethical business standards and practices, and are leaders in their communities. They bring a wide range of experience to each class, and leave with new strategies for analyzing their business practices and increasing their bottom line. Instruction is provided by Joe Lescota, NIADA Director of Dealer Development and former retail automotive executive.

CERTIFIED MASTER DEALER COURSE January 18 - 20, 8am - 5pm Hilton Tampa Airport Westshore 2225 N Lois Ave Tampa, FL 33607 Find out more or register online at www.FIADA.com

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To be eligible for CMD™, you must be a state licensed dealer principal operating as a proprietorship, partnership, corporation or limited liability company in the business of selling or leasing motor vehicles (cars, trucks, vans, SUVs) and a member of

NIADA in good standing. The CMD™ designation and seal are awarded to an individual dealer principal in recognition of the qualifications and personal achievements of that dealer principal. The award is not granted to the dealer’s business entity. The designation and seal are awarded for a term/period of three years and Each CMD™ must obtain a minimum of 12 hours of NIADA approved Continuing Education during each consecutive three year period to retain the CMD™ designation.

www.fiada.com

November August 2013 — Independent Dealer — 15


D E A L E R F E AT U R E

Building a Legacy Palm Tree Auto Sales is a familyrun business built on hard work and great customer service. By CHRIST Y TAYLOR

A

legacy is something handed down from one generation to the next. It can be a possession or other item of ownership, such as a business, but it can also be a value system such as a strong work ethic or sense of family pride. For Palm Tree Auto Sales in Stuart their legacy is all of these things as a family business that is now in its second generation of owners. As Anthony, Lisa and John Compagno have taken over the dayto-day operations from their father Joseph; they are not only sharing in the history of a successful dealership but also carrying on a tradition of hard work, dedication and excellent customer service. The history of Palm Tree Auto Sales begins with Joseph Compagno, who owned a gas station and auto repair business in the Bronx, New York. When his children were small, they all moved to the Sunshine State settling in Delray Beach where Joseph set-up shop as Top Line Auto Sales. The business stayed at its Delray Beach location until 2004 when it moved to its current location in Stuart as Palm Tree Auto Sales. Although the Compagno siblings grew up around the dealership they

16 — Independent Dealer — December 2013

had no immediate plans to join the family business. Instead, John pursued a career in finance and debt consolidation. Anthony went on to earn his degree in Business Management. Lisa went to law school and worked as an Assistant U.S. Attorney and federal prosecutor for many years . Lisa in particular, was not interested in working in the family business, opting for a more stable career. “We all grew up working for small family businesses and saw how they constantly struggled. Everything was on their shoulders, and I didn’t want that,” Lisa said. About two years ago, though, she changed her mind. Missing her family and believing the skills she had acquired in the legal and corporate world could help the business, she came on staff at Palm Tree as the

general manager. Anthony continues to serve as the sales and service manager and John is the finance manager. Joseph the patriarch has retired and recently celebrated his 70th birthday. One of the hardest parts to running a family business is the family. Mixing business with close relationships can be tricky, but the Compagno’s say their closeness is actually a business strength. “When we all left home we were very young and here we are over 12 years later as adults. We have learned how to interact as the people we have grown to be,” Lisa said. “We all have our strengths and weaknesses and we tap into that. The sum is better than its parts.” Palm Tree Auto Sales has moved away from the Buy Here Pay Here model and now specializes in sub-prime www.fiada.com


Left: Proud sponsors of Cars for Kids, the Palm Tree Auto Sales team presents a check to Martin County Sheriff William D. Snyder. Right: One of the cars Palm Tree Auto Sales donated Sheriff Ranch Enterprises to benefit the Florida Sheriff Youth Ranches.

financing. After attending the FIADA Convention this past October they are now also considering moving into the prime financing market; having made several great connections with other independent dealers in Florida who have had success in the prime market. Now going into their 10th year of business in Stuart, they are proud of their 33 percent referral rate and are considering opening a second location in the future. “Thirty-three percent is pretty high for a used car dealer,” Anthony said. “In our area, it is a small world and word of mouth is really essential.” Excellent customer service is a given, but beyond that Palm Tree Auto Sales connects with their community, and potential customers, by staying service-minded, getting involved with local groups and giving back to charitable organizations. In particular, they have aligned with the Florida Sheriff Youth Ranch and have hosted two Cars for Kids events. Cars for Kids, of course, is the program created by the Florida Sheriff Youth Ranch and the FIADA to encourage dealers to donate vehicles that can be sold through the Sheriffs Ranches Enterprises car lot and raise money to fund the ranches. After reading about the event in Independent Dealer, Lisa thought it was a perfect fit for her family, as she and her brother’s wives all have education and experience in criminal justice. Not only was it www.fiada.com

a symbolic match to get involved with the sheriff ’s group, but also an excellent marketing opportunity to reach out to the community. Determined to organize a successful event, the Compagnos spoke to their local civic groups, including five Chamber of Commerces about getting involved. They invited local dignitaries such as the Martin County Sheriff, local news outlets and Palm Tree’s customers. In total, they have hosted two Cars for Kids events and each one seems to be more successful than the last. Combined, they raised over $14,000 and donated six vehicles for the youth ranches. The experience was so positive for Lisa that she accepted an invitation to sit on the board of the Florida Sheriff Enterprises, which helps to fund operations of the six ranches and other programs. Since joining the FIADA in 1994, the Compagno’s are honest that they have let their membership lapse here and there. Though her brothers did not see membership as a priority, Lisa disagreed. Seeing the benefits of idea-sharing, networking, discount programs and more she not only renewed the membership, but decided to get involved as a board member, hoping she could help add to the return on investment dealers receive from joining. At the convention in October, Lisa was excited to be elected and installed as a Regional Vice President and is eager to get to work.

“For me, being a Board Member allows me to make the Association better. I have the philosophy that if you’re not willing to put in the effort to make it better, than you can’t complain,” Lisa said. “When I was invited to sit at the table, I accepted. I see the value in membership and I hope I can help make the Association better.” One way to do that is to search for new member benefits. As the Member Benefits Committee Chair, Lisa is familiar with how the process works and says that as membership grows the Association’s ability to offer additional benefits and services is greater. With roots in the repair industry, Lisa says the possibility of expanding FIADA’s mission to provide training resources to repair shops would be a potential benefit as well as a membership recruiting tool, making the Association a one-stop shop for dealers. Lisa also wants to make sure all FIADA members are receiving the assistance, training and resources they need for their unique business model. “I hear a lot about Buy Here Pay Here and that is not our model. I want dealers to know that the Association is not just for Buy Here Pay Here, but all across the board including subprime, wholesalers, vendors and more,” Lisa said. “Whatever your business model is there are other members who are doing the same thing and you can really benefit from talking to them.” December 2013 — Independent Dealer — 17


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

Be a Part of the Process In addition to supporting the PAC Fund, consider getting involved at the “grass roots” level this election season. BY SANDRA MORTHAM, FIADA LOBBYIST

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IADA scored several big plays at their recent annual meeting in October. They not only had the Senate Transportation Chairman Jeff Brandes as their legislative guest speaker but also had designated hitters for both President Designate Andy Gardiner and Speaker Designate Steve Cristifulli. Senator David Simmons stood in for the Senate President Designate in accepting a check from the FIADA PAC. He thanked the group for their help in electing pro-business individuals to the Florida Senate. Representative Ritch Workman accepted the House check on behalf of Representative Steve Cristifulli. He emphasized the importance of being involved in the elections for those individuals who truly represent their philosophy. At the FIADA Convention, I explained to the members who were there why it is so important to be involved and how easy it can be at the same time. Not only is it important to contribute money to the PAC but also dealers should consider taking a more hands-on approach during the election season. Dealerships offer ideal locations to for prospective legislators to post election signs and distribute materials. Providing a location for signage costs you absolutely nothing and is a huge asset to a candidate.

ABOVE: Senator David Simmons (right) accepts a check from the FIADA PAC for Senate President Designate Andy Gardiner, from FIADA President Dino Mercurio BELOW: Senator Jeff Brandes (right) thanks FIADA Past President Chris Leedom for the FIADA PAC donation.

Think about picking up the phone today and offering to help someone get elected from your area. Lisette Mariner, your executive director, is only a call away. She can let you know how to contribute to your PAC and also who is supportive in the legislative process. She can provide contact information and how you can best assist them in their election. 18 — Independent Dealer —December 2013

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

CONTRIBUTION INFORMATION Contributor’s Name:_________________________________________________________________________ Dealership/Company:________________________________________________________________________ Street Address, City, State, Zip:____________________________________________________________________

q

Check q

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$500

Credit Card (one time contribution) q q

Credit Card Information:

$250 q

q Visa

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$25

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Make your check payable to FIADA-PAC and mail to: FIADA • 1840 Fidler Court • Tallahassee, FL 32808 If making payment via credit card, you may fax your contribution form to 850.385.3251

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December 2013 — Independent Dealer — 19


T E C H N O L O G Y U P D AT E

2G Sunset: What It Means to the Automotive Industry Even though most phones and mobile devices no longer use 2G wireless service anymore, there are many other devices your business needs, that do..

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n the surface, the automotive and wireless communications industries appear to have little in common. But recent announcements by a handful of major wireless carriers generated some concern in the automotive finance market. AT&T was the first to publicly declare plans to phase out all of its 2G GSM wireless service by December 31, 2016. Several other carriers have also announced plans to eventually sunset 2G, though not as aggressively or as quickly at AT&T. The reason for the push for 2G sunset is simple: wireless carriers are looking to “refarm” the towers in their network for 3G and 4G service that delivers much faster

20 — Independent Dealer — December 2013

speeds and larger bandwidth capable of handling video conference, streaming and other large data packets. It all sounds very promising, doesn’t it? There are some downsides to the 2G sunset, however, specifically for the automotive finance industry. Second generation, or 2G, is the cellular technology behind the vast majority of machine-tomachine (M2M) devices used by business across a wide range of industries. Members of the automotive finance industry — dealers, automotive finance companies, banks, credit unions — also use 2G devices for their vehicle tracking efforts. In fact, as more and more credit-challenged

customers purchase vehicles, increasing numbers of dealerships and lenders are installing GPS vehicle tracking devices to reduce the risks and costs associated with subprime auto financing. These devices largely run on — you guessed it — 2G. And for good reason. As of today, 2G offers the lowest price point for the widest coverage. While slower than 3G and 4G networks, 2G data speeds are more than enough to meet the needs of most GPS vehicle tracking system users. So when the news came that carriers like AT&T plan to retire 2G, many providers and users of GPS vehicle tracking systems voiced their concerns. Continued on Page 22. www.fiada.com


NIADA Scholarship Program Benefits High School Seniors

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s we wind down the year, students are completing their first semester and gearing up for the next. Before you know it, those high school seniors will be going off to college. There are at least four of those graduating seniors who will be receiving a NIADA Foundation regional scholarship next spring. Perhaps, you will know one of those outstanding young people. To obtain a scholarship application form for this year, students may access a copy online at www. niadafoundation.org. As you know, each year in June, these scholarships are awarded at the NIADA National Convention and

Expo and are underwritten in part by AutoTrader. There is also a national scholarship, titled NIADAAutoTrader Scholarship, awarded to a current or an enrolling student to Northwood University. You may access information regarding this scholarship at www.northwood.edu.

Four college scholarships worth $3,500 each will be awarded to high school seniors chosen by NIADA Foundation. postmarked no later than March 15, 2014 and mailed to the Scholarship Selection Committee, NIADA Foundation, 2521 Brown Blvd, Arlington, TX 76006.

Each regional scholarship is $3,500, while the national one to Northwood is $10,000. AutoTrader underwrites the travel expenses for each recipient and his/her parents to attend the National Leadership Award Banquet held during the convention to receive the award. The application must be

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2G SUNSET continued from Page 20.

Before panic sets in, let’s take a closer look at what the 2G sunset really means for the automotive finance industry. First, it is important to differentiate between the two mobile communication standards used by major carriers today for 2G: GSM and CDMA. GSM is the most common mobile communication standard used throughout the world, making it a popular choice for businesses that need to track assets that move across borders, but its main downside is that 2G GSM devices will be the first to become obsolete.

CDMA is adopted by five of the seven top cell phone carriers in the U.S. Compared to GSM, CDMA provides greater coverage in the U.S. and Canada, higher security, more reliability and better quality of services, but its drawback is its lack of coverage outside the U.S. and Canada. The truth is, the complete demise of 2G is farther than it seems. While AT&T has been vocal about its plans to shut down 2G GSM by the end of 2016, many other wireless carriers have been less hasty or pushy. Sprint

The truth is, the complete demise of 2G is farther than it seems. While AT&T has been vocal about its plans to shut down 2G GSM by the end of 2016, many other wireless carriers have been less hasty or pushy. and Verizon have all publicly said they will continue to support 2G CDMA, while T-Mobile has also stated their continue support of 2G GSM well into the future —And all wireless carriers, AT&T included, have vowed to work closely with device providers and their end users to ease the transition from 2G to 3G and eventually 4G. The fact is, demand for 2G remains high. As long as the demand is there, wireless carriers will continue to support 2G. But that doesn’t mean the automotive finance industry should just sit back and ignore this topic all together, either. While 2G will be around for a good long while, now is the time to start planning a migration strategy that will minimize the impact on your business operations and bottom line. The first step in your strategy 22 — Independent Dealer — December2013 2013 —December

development is to talk to your solutions provider to understand their future roadmap and migration strategy. Be sure you’re asking your provider the right questions about your current wireless carrier and technology, and how long the carrier plans to support that technology. Find out if your provider plans to take a phased approach that eases your transition to next-generation cellular technology to ensure you continue to enjoy wide coverage without dramatically increasing your costs. Some providers are already offering 3G solutions at a premium price if you decide to make that transition today. Be sure to ask your provider to clearly explain all the options available to you, as well as the advantages and disadvantages of each. Your provider should be able to help you identify the right technology for your needs, and develop a practical plan for moving you toward newer technologies.

Article reprinted from Dealer Business Journal (www. dealerbusinessjournal.com) and submitted by Spireon. Spireon, offers flexible solutions that protect current 2G investments past 2019 while also paving the way for a seamless migration to nextgeneration networks through its leading brand GoldStar GPS. For more information, contact Spireon (866)-655-8825 or visit www. GoldStarCMS.com/dbj-emailtalonfacts.

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H R I N F O R M AT I O N

Data Privacy in the Information Age A global view of privacy safeguards when collecting customer information will shape best practices in the future. by Jim Guttmann

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is of great interest to the European Union (E.U.) and U.S. Commerce Department in recent years. Let’s compare how they view this matter.

Hmmm…but as we take advantage of this brave new world, companies are watching. They want to know where we go on the web, what we buy and what causes we support. In that way, they can then target offers to us based upon our preferences and lifestyle choices. Well now, is that a good thing? Or is it an invasion of our privacy? Of course, the answer you may get to that question may vary depending on to whom you ask. Not surprisingly, this topic

European Union View: The E.U. has instituted a blanket regulatory system regarding data privacy. Since 1995, they have data protection laws in place that lay out principles for the collection of personal information. There are strict rules in terms of what companies can and cannot do in terms of collecting, using, disclosing and storing personal information. Citizens have certain fundamental rights – one of which is the right to obtain copies of records held about them by companies and

he Digital Age (a.k.a. Information Age) has brought about an industry that allows us to shop for great deals on the internet and easily make purchases at favorable prices. Isn’t that great!

institutions. However, according to European Commissioner Viviane Reding the current rules need significant updating and tightening. Ms. Reding believes “The main problem is our rules predate the digital age and it became increasingly clear in recent years that they needed an update.” Under consideration is the strengthening of some existing provisions and standardization of data protections across the 27 member states of the E.U. This proposal is a “one regulation fits all approach” and is grounded on the basic premise that privacy is a core democratic value that must be safeguarded, not left to market forces. U.S. Commerce View: In the United States, Congress has enacted a variety of privacy laws that separately limit the use of Americans’ medical records, credit reports, video rental records and so on. In large measure, the U.S. Government trusts industry to police itself. Consumers have little control over personal data. There are remedies when violations of privacy occur but they exist only in targeted areas. Under the guidance of Cameron F. Kerry, General Counsel of the Commerce Department, however, there is an agency effort to help develop voluntary, enforceable codes of conduct for industry groups like app developers, whose collection and use of consumer data are now unregulated. It appears that the American approach/movement on this issue is to have sector specific privacy laws, in addition to industry self-regulation and enforcement by the Federal Trade Commission. This approach emphasizes flexibility for businesses interested in consumer profiling so they can properly target a “would be” consumer. Forming a Middle Ground? The online marketing industry is still evolving. Both sides of the Atlantic are currently grappling with this issue

24 — Independent Dealer — December 2013

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Last year, President Obama proposed a “Consumer Privacy Bill of Rights”that would give Americans many of the same baseline protections that the draft E.U. rule proposes to reinforce. These include the right of access to records that companies hold about you, the right to correct those records and the right to have limits on the personal data that companies collect and keep. With that said, some American advocacy groups believe that it would be unwise to have an overly broad, prescriptive, one-size-fits-all approach on this matter that would hinder or undermine the ability of companies to innovate in a global economy. Across the pond, Ms. Reding has expressed some optimism that baseline consumer privacy protections between the U.S. and E.U. can be worked out stating “Convergence is springing up and synergies are possible.” Unquestionably, successful U.S. businesses venturing into Europe will be the ones most nimble and able to treat different customers differently whether they reside in Birmingham, Alabama or Birmingham, England. Jim Guttmann is a Human Resources Manager forLandrum Companies offering human resources support to a diverse group of client companies. Follow the blog at www.landrumhr.com/blog

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wanting to bridge the current divide in European and U.S. approaches. The overall objectives are similar; they are both in search of a proper balance between improving consumers’ privacy protections and ensuring that the Internet remains an engine for innovation and economic growth. Here’s the crux of the matter for consumers: Would you be happy to trade a little privacy in return for offers that really meet your needs?

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Don’t miss this opportunity to network with your peers and learn about the latest issues impacting independent dealers. The meeting will be held at the Hilton Tampa Airport Westshore from 10am – 2pm. The town hall meeting is absolutely free to attend and lunch will be provided courtesy of our friends at Auto Data Direct. Online registration available through January 15, 2014. Reserve a room for the weekend at a discounted rate of $99 a night, Through December 30, 2013.

www.fiada.com

October 2013 — Independent Dealer — 27


LEGAL ROUND-UP

A Look At Current Legal Issues BY Thomas B. Hudson and Nicole Frush Munro, Hudson Cook, LLC

A monthly collection of selected legislative and regulatory highlights, and a recap of some of the many auto sale and financing lawsuits followed each month. COMPLIANCE TIP Are your employees calling your customers and potential customers on the phone? Perhaps including cell phones? Are they sending text messages or making any other sort of electronic contact? If so, make sure that you, and they, know the federal and state rules for these sorts of communications. Dealers who don’t follow the rules are exposing themselves to significant potential liability. So learn the rules and teach them to your employees when the employees are hired, and periodically after that. Finally, this is an active area of the law, and the rules can change, so find a way to stay on top of developments. Federal Law The Letters Fly in Washington. Since our last column, a war of letters dealing with various matters related to car financing erupted in Washington, D.C. On October 20, a bipartisan group of 22 Senators wrote to Consumer Financial Protection Bureau Director Richard Cordray to urge him to be more responsive to congressional questions dealing with the CFPB’s antidiscrimination disparate impact initiatives, and in particular seeking information about the CFPB’s proxy methodology for identifying the race and gender of credit applicants and the tolerances that the CFPB will apply in enforcement actions. Director Cordray replied to the Senators on November, more or less explaining the CFPB’s proxy methodology and stating that the Bureau addresses tolerances on a caseby-case basis. 28 — Independent Dealer —December 2013

On October 23, Senator Edward J. Markey (D-Mass.) sent a letter to the Federal Trade Commission requesting that the FTC examine whether dealers are using unfair or deceptive financing practices. Specifically, Senator Markey wants an investigation into dealer markups of interest rates and alleged “yo-yo schemes,” in which the dealer allows the customer to drive home with a vehicle without finalizing the financing and then requires the customer to return to the dealership to renegotiate the sale and ultimately pay more than initially agreed upon or surrender the car. The letter notes that, under the Dodd-Frank Act and the FTC Act, the FTC has the power to issue regulations to protect consumers from unfair car financing practices. The Senator acknowledged that the FTC held a series of roundtables in 2011 addressing the sale, financing, and leasing of motor vehicles and requested information on actions the FTC has taken, or plans to take, to address the issues uncovered during those roundtable sessions and through the comment period. The Senator states that the FTC has taken some enforcement action against deceptive dealer advertising, but urges the FTC to take additional “public steps to curb other unfair or deceptive practices by car dealers.” Senator Markey asks that the FTC respond to his letter by November 14, 2013. STATE ACTION One of the widely-anticipated results of the Dodd-Frank Act was to permit

state Attorneys General to enforce federal laws. An example of such an enforcement action may be developing in Delaware. On October 3, Delaware Attorney General Beau Biden announced that his office has sent letters to numerous financial institutions asking for, among other things: (1) documentation of any internal review conducted to determine whether there has been compliance with the Servicemembers Civil Relief Act; (2) all written policies, procedures, and practices in place to verify compliance with the SCRA; (3) the total number of customer files reviewed for SCRA compliance; (4) documentation concerning any SCRA violations identified during reviews; (5) documentation of steps taken to prevent future SCRA violations; and (6) all materials used to train employees regarding compliance with the SCRA. Biden also sent letters to the chairmen of the U.S. House and Senate’s veterans affairs committees, urging them to change federal law to allow state attorneys general to prosecute SCRA violations. LITIGATION Husband of Buyer of Vehicle Lacked Standing to Enforce Contract Despite Liability for Debt Under State’s Community Property Laws: A married couple bought a Winnebago in California, but only the wife signed the retail installment sale contract. A dispute arose over whether two monthly payments had been made, and the assignee of the contract sued www.fiada.com


the wife for breach of contract. The state court entered a default judgment against her. The couple then sued the assignee, alleging negligence, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing in connection with the assignee’s attempt to collect the debt. The assignee moved for summary judgment, claiming that the husband lacked standing to sue because he did not sign the retail installment sales contract. The husband contended that he could bring the claims because he owed the debt based on California’s community property laws. The federal trial found that, under California law, the husband was liable for the debt, but was still not a party to the contract, and could not sue to enforce it and could not sue for any damages caused by the assignee in its attempts to collect the debt. The court noted that even if the husband was able to prove standing, the claims nevertheless failed. See Klahn v. Santander Consumer USA, Inc., 2013 U.S. Dist. LEXIS 134600 (D. Or. September 19, 2013). Ohio Consumer Sales Practices Claim Failed Where Consumer Did Not Demonstrate that Car Previously Owned by Rental Car Company Was Used as Rental: A buyer bought a car after test-driving it and being told by a dealership employee that the Carfax report was “clean.” However, the Carfax report provided to the buyer indicated that the car had been operated as a rental car. The Buyer’s Agreement executed by the parties included a box to check if the car was previously used as a rental. The box was not checked. The buyer ceased making payments after a few months and sued the dealership and the assignee of the retail installment sale contract under the Ohio Consumer Sales Practices Act. The trial court found for the dealership, and the buyer appealed. The CSPA contains a non-exhaustive list of deceptive acts or practices, including failure to disclose that a sold or leased vehicle was previously used as rental vehicle. The Court of Appeals of Ohio affirmed, finding that while the

buyer demonstrated that the car had been previously owned by a rental car company, he had not shown that the car had been previously used as rental vehicle. See Ferrise v. Spitzer Motors of Mansfield, 2013 Ohio App. LEXIS 4627 (Ohio App. September 27, 2013). Buyers of Defective Vehicle Have Private Right of Action for Seller’s Buyer Entitled to Revoke Acceptance of Motor Home and Recover Purchase Price from Manufacturer: Before taking possession of a motor home, the buyer required the dealer to make repairs and sought reassurances from the motor home’s manufacturer. Despite those assurances, the motor home continued to experience problems. When the manufacturer refused the buyer’s attempts to revoke acceptance of the motor home, the buyer sued, and the trial court entered judgment for her, finding that she would not have completed the purchase and

taken possession of the motor home without receiving the manufacturer’s assurances. Finding that the manufacturer had interjected itself into the sales process and had direct dealings with the buyer to ensure the completion of the purchase, the Supreme Court of Nevada found that privity (pointyheaded lawyer talk for contact sufficient to allow a party to enforce another’s promise) existed between the buyer and the manufacturer, entitling the buyer to revoke acceptance and recover the purchase price from the manufacturer. See Newmar Corporation v. McCrary, 2013 Nev. LEXIS 82 (Nev. October 3, 2013).

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

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INDUSTRY NEWS NADA Report: Impact of New Vehicle Cash Incentives on Used Car Prices

FIADA Members Get Discounted Title and Registration Training

A new vehicle cash incentive of $1,000 reduces the price of a one-year-old used vehicle by nearly $600, according to the NADA Used Car Guide in its latest report, NADA Used Vehicle Price Report: Incentive Analysis and Impact. Comparatively, $1,000 spent on finance and lease incentives reduces the price of a one-year-old used vehicle by $165 and $89, respectively.

Processing title paperwork correctly translates into faster processing by the tax collector’s office, helping dealers complete deals quickly and efficiently.

If market conditions, such as the economy, time of year, level of supply, etc. and manufacturer suggested retail prices remain constant, an incentive of $1,000 on a model with no previous discounts would result in the price of a one-year-old version of the same model to fall by $563, NADA reports. For a three-year-old version and a nine-year-old version of the same model, the price would drop by $381 and $133, respectively. Currently, average spending for all incentive types is $2,574 per unit, down 12% from 2004’s peak and 2% below 2007’s pre-recession average of $2,631. While total incentive spending currently remains below pre-recession levels, it has ticked up by 3% compared to last year. Source: NADA Used Car Guide

Compare the FMLA: Then and Now The deadline has passed for the new final rule which implemented two important expansions of Family Medical Leave Act (FMLA) protections. The amendments went into effect earlier this year and the new mandatory poster that outlines these changes is now available at www. compliancenewsnow.com/?TLM=3&id=10160461655&State =Florida&L=19006-1Z&E=1 The FMLA notice summarizes the major provisions of The Family and Medical Leave Act and informs employees how to file a complaint. All covered employers are required to display the notice in a conspicuous place where employees and applicants for employment can see it. Failure to display all required State and Federal posters can lead to fines of up to $17,000.

FIADA’s Title & Registration Training seminar students will use a manual, examples and case studies to help clarify ownership transfer starting with the MCO, ‘new’ title through the ‘used’ title. Training is hands on and students will get the opportunity to complete their own sample title paperwork. As a FIADA Member, you can take the online Title and Registration training for free, or take a class in-person for the discounted price of $79.00. Here is a list of upcoming courses: Tallahassee, January 10, 2014

Daytona Beach, February 20, 2014 Ft. Lauderdale, March 10, 2014 Orlando, March 17, 2014 Jacksonville, April 9, 2014 Tampa, April 10, 2014 Sarasota, May 12, 2014 For additional course locations and dates, or to register, log on to www.FIADA.com.

Jeanie’s Auto Sales Wins Award Jeanie Byrd of Jeanie’s Auto Sales was named SCORE Pinellas Client of the Year for 2013. The dealership won the award for our excellent business planning and practices, for facing challenges as they arrived, and for taking advantage of the many services offered through SCORE by the Small Business Administration. Jeannie’s Auto Sales is enjoying its second year in business.

Don’t forget to Like us on Facebook! Check out our page and follow our timeline at www.facebook.com/FLIndAutoDealersAssoc 30 — Independent Dealer — December 2013

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2013-2014 FIADA EXECUTIVE COMMITTEE:

DINO MERCURIO President Independent Credit, Inc. West Palm Beach, FL (561) 686-8673

JIM WINTERICK, SR. CHRISTOPHER LEEDOM Phil Risley Senior Vice President Chairman of the Board Secretary Gulfstream Motor Credit AutoMaxx Cars & Credit of Jacksonville Miami, FL Sarasota, FL Jacksonville, FL (305) 253-2335 (941) 309-1111 (904) 616-4074

Lisa Compagno Regional Vice President Palm Tree Auto Sales Stuart, FL (772) 288-2099

FRANK FUZY Regional Vice President Century Motors of S. FL Pompano Beach, FL (954) 785-0369

STEVE MARBAIS GEORGE HICKEY Regional Vice President Regional Vice President Marbais Enterprises, Inc. Bond Auto Sales Tampa, FL Ocoee, FL (813) 238-7478 (407) 877-7422

PAUL MATTON Treasurer Park Auto Mall Pinellas Park, FL (727) 639-1112

Govinda Romero Regional Vice President Autoflex LLC Gainesville, FL (407) 468-9974

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Continued on Page 30. December 2013 — Independent Dealer — 31


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