Texas Dealer January 2023

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– Michael W. Dunagan –Heroes I’ve Known: Marvin Ivy – TxDMV Issues Temporary Buyer Tag Redesign – The Consumer Finance Protection Bureau and Credit Reporting – Selling Cars, Not Personal Information – Texas Motor Vehicle Sales Tax Compliance Also in this issue:

TIADA Board of Directors

PRESIDENT Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087

PRESIDENT ELECT

Eddie Hale/Neighborhood Autos PO Box 1719 Decatur TX 76234

CHAIRMAN OF THE BOARD

Mark Jones/MCMC Corporate 264 Exchange Burleson, TX 76028

SECRETARY

Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365

TREASURER

Greg Phea/Austin Rising Fast 8024 IH 35 North Austin TX 78753

VICE PRESIDENT, WEST TEXAS (REGION 1)

Brad Kalivoda/Fiesta Motors 2599 74th Street Lubbock, TX 79423

VICE PRESIDENT, FORT WORTH (REGION 2)

Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas TX 75237

VICE PRESIDENT, DALLAS (REGION 3) Chad Lancaster/Chacon Autos 11800 E. Northwest Hwy Dallas TX 75218

VICE PRESIDENT, HOUSTON (REGION 4)

Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301

VICE PRESIDENT, CENTRAL TEXAS (REGION 5)

Robert Blankenship/Texas Auto Center 6809 Suite B S IH35 Austin, TX 78744

VICE PRESIDENT, SOUTH TEXAS (REGION 6)

Armando Villarreal/McAllen Auto Sales, LLC 4215 S. 23rd St McAllen, TX 78503

VICE PRESIDENT AT LARGE Lowell Rogers/11th Street Motors 1355 N 11th St, Beaumont, TX 77702

VICE PRESIDENT AT LARGE

Cesar Stark/S&S Motors 7699 Alameda Ave. El Paso, TX 77915

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

TexasDealer contents

Volume XXIII / Issue 1 / January 2023
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. Editor: Stephen Pallas Magazine Ad Sales: Patty Huber, 512-310-9795 Did You Know? TIADA is inviting you to join us at the 2023 legislative session at the Capitol. See the cover story (pg.10) for more details. 4 Officers’ Message by Mark Jones, TIADA Chairman of the Board 10 On The Cover: Independent Dealers Play a Major Role in the Legislative Process by Stephen Pallas 15 Selling Cars, Not Personal Information by Andrea Amico 19 Regulation Matters: The Consumer Finance Protection Bureau and Credit Reporting by Earl Cooke 21 Consider a Tax Marketing Program by William J. Neylan III 22 TIADA Membership Application 25 Save the Date: 2023 TIADA Conference & Expo 27 Texas Motor Vehicle Sales Tax Compliance by Texas Comptroller of Public Accounts 31 TIADA Scholarship Application 35 Legal Corner: Heroes I’ve Known: Marvin Ivy by Michael W. Dunagan 39 TxDMV Issues Physical Temporary Buyer Tag Redesign by TIADA Staff 41 New Members 41 Upcoming Events 42 TIADA Auction Directory 45 Local Chapters 46 Behind the Wheel by Jeff Martin

officers’ message

Arlington Dealer Panel

One of the things I enjoy the most is taking a break from regular business to spend time with fellow dealers. I always learn something new, and I had that opportunity recently when I was invited by TIADA to moderate a panel of veteran dealers during a Dallas-Fort Worth dealer meeting held in Arlington last month. Not only did we have over 30 dealers, but we also hosted two legislators from Tarrant County and the Dallas County tax-assessor collector.

The dealer panel included some dealers that I have known for a long time, including Ryan Winkelmann, Greg Reine, and Blake Ingram. Each of these dealers operate using different ACV models that range from $5,000 all the way to $20,000 ACV inventory. Hearing these panelists discuss their own philosophies in regard to how they run and operate their own businesses on a daily basis was fantastic. I was amazed at how engaged both the group of panelists and the audience were during the discussion. I left with a few takeaways:

1) The ways that we use our marketing dollars today is critical to whether we are reaching the specific customers that we want. Many of the “newer” social media platforms are producing many more applicants than the traditional platforms that we have all used in the past.

2) Collection activity and portfolio performance in the BHPH space seem to have returned to pre-pandemic normal. All the panelists expressed how they have increased and tweaked some of their underwriting requirements recently due to inflation and overall increases in cost of living for our customers.

3) It feels like wholesale prices are finally starting to level off, and many of the dealers were excited about the

ability to begin buying some newer and lower mileage units than what they have been buying the last couple of years.

We closed the panel by asking each panelist for specific advice for new dealers. Their answers included some thoughtful ideas, such as:

Make sure that you are doing business with a CPA firm that is knowledgeable about our industry and the tax implications that can come with rapid growth.

The fastest way to become a better dealer is to continue learning from other dealers by attending TIADA events or joining a 20 group. The best ideas that you will ever get are shared from fellow dealers.

Hire slow and fire fast. The fastest way to destroy good morale at your dealership is to allow an underperformer to drag everyone else down. Regardless of tenure, sometimes it’s time to cut bait.

TIADA Executive Director Jeff Martin moderated a separate discussion with Texas State Representatives Giovanni Capriglione and Stephanie Klick, who discussed some bigticket items that will be addressed in Austin during the upcoming legislative session, as well as specific issues that will affect our industry. This discussion was informative and insightful, and every dealer I spoke with gained something from it. I am hopeful that we encouraged a bunch of dealers at the meeting to attend the TIADA Day at the Capitol on February 7, where we will continue the conversation with legislators across the state. And if TIADA is holding a dealer meeting in your area, make sure you attend.

The fastest way to become a better dealer is to continue learning from other dealers by attending TIADA events or joining a 20 group.
4 Texas Dealer January 2023
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Please fill out the form on the next page to help our efforts out at the Capitol!

Dear TIADA Community,

We want to take a moment to thank all of those who have made a contribution to INDEPAC. Due to your generous efforts, we collected over $89,000 in donations in 2022.

Because of these contributions, INDEPAC can continue to protect the rights and interests of independent automobile dealers across the state of Texas. There are many issues confronting the industry right now, and we appreciate your dedication to ensuring we continue to have a strong voice at the Capitol. We are looking forward to representing the interests of all independent dealers along the road ahead. Thank you for your support!

Sincerely, INDEPAC

Thank you to all those who have contributed to INDEPAC in 2022!
7 January 2023 Texas Dealer
Yes, I would like to help with TIADA’s grassroots effort! Please list me as a sustaining donor. I would like to support my industry by making a monthly credit card donation of $______________ Add me to the KEY-PERSON list!Iknow (Name of Legislator) _______________________________________________ as a Acquaintance __Personal Friend __Professional Contact I would like to attend political fundraisers in my area I would like to support my industry by pledging a one-time donation of ___$1,000 ___$500___$250 ___$100Other $______ ______________________________________________________________________________________ ____ Personal Check Payable to INDEPAC_____Personal Credit Card Name_______________________________________________________________________________ Company ____________________________________________________________________________ Home Address________________________________________________________________________ Email _______________________________________________________________________________ ** Personal Check or Personal Credit Card only. Corporate contributions are prohibited by state law. Contributions are not tax deductible as charitable contributions for federal income tax purposes. ** Charge my Credit Card V MC D AM_ ___Exp: __/ _ CVV: __ Nameon Card: ___ Card Billing Address (if different): Or donate online at www.txiada.org >> Resources >> Advocacy >> Political Action Committee c/o TIADA 9951 Anderson Mill Rd Suite 101, Austin Texas 78750 PHONE 512.244.6060 FAX 512.244.6218 EMAIL accounting@txiada.org Referred by: 8 Texas Dealer January 2023

on the cover

10 Texas Dealer January 2023

On January 10, the Texas Legislature will convene in Austin to approve the state budget, discuss various policy issues, and pass laws that will govern the state for years to come. Since 1944, TIADA has been participating in this process by actively building relationships and serving as the sole voice for independent automobile dealers at the Capitol. TIADA Executive Director

Jeff Martin explains that 2023 will be no different. “It’s important that the association have a consistent presence year-round and especially throughout the session,” he said. “When an issue pops up, we must be available to make sure we can explain how that issue will affect our industry. It is the number one reason dealers belong to the association. It’s what the members before us did and what we must do for the current and next generation of used car dealers.”

During the session, which lasts for six months, over 9,000 bills will be filed. TIADA has a team, anchored by Mike Dunagan, that reviews every bill filed. Once it is determined that a bill may have some impact on the industry, it is added to the TIADA watch list and tracked throughout the legislative process. “We are simply monitoring most bills on our watch list, and we take a neutral position unless the bill changes due to an amendment,” said Martin. “However, if we see a bill we support or oppose, we notify the author and then state our position on the Legislative Action Center.”

TIADA’s Legislative Action Center can be found on the TIADA website, and members can follow every bill TIADA is tracking under “key legislation.” That section will be updated on January 10 as soon as the session gets underway. For TIADA members, it is the best way to stay abreast of legislation that affects the industry.

In most cases, the association is highly aware of bills that may have a negative impact on the industry, and they can usually work with stakeholders to find some compromise that ends up being mutually beneficial.

Martin remembers a bill that was introduced in 2009 that would increase the independent dealer bond to $250,000. The TIADA team immediately went to the author of the bill to see if they could better understand what her concern was and what she was trying to accomplish with the bill. It turns out, the legislator was concerned about curbstoning in her district. Once she understood the negative impact such a high bond would have on legitimate dealers, she worked with the association and, two years later, signed on to a bill that gave law enforcement broad authority to remove vehicles that were being sold by unlicensed individuals. This is just one example of negative legislation that could easily slip through and have unintended consequences if TIADA was not keeping a keen eye on the process.

Stopping bad legislation is not the only way TIADA participates in the legislative process. The association has championed many pieces of legislation and worked with various legislators to help introduce positive change for consumers and the industry. But that change does not happen overnight. TIADA Past President Robert Beck, who owns Stop N’ Drive Motors in San Antonio, recalls working on the nameddriver-only legislation for four years. “Everyone in the industry knew these were junk policies,” said Beck. “They were bad for consumers and lienholders, but it takes time to educate people. We had to be present and persistent every time there was a chance to tell our side of the story.”

"Legislators want to know the dealers in their district. They want to know how a specific piece of legislation will affect their constituents. We talk about how important that is all year, but now that we are in session, the meeting place for the next six months is at the Capitol....
Come to the Day at the Capitol, and we will put you in front of the right people."
January 2023 Texas Dealer 11
~Jeff Martin, TIADA Executive Director

Beck should know since he testified numerous times at the Capitol between 2015 to 2019 before State Representative Ed Thompson authored a piece of legislation that finally passed and eliminated the practice of named-driver-only insurance policies in Texas.

Over the years, independent dealers have been the beneficiary of some very important pieces of legislation TIADA has championed, including:

Deferred Sales Tax

Dealers no longer must require insurance prior to transferring a vehicle TxDMV Board Position for an Independent Dealer Doc fee increase

Mechanic’s lien reform

Deferred sales tax for Related Finance Companies

Eliminating named-driver-only insurance policies

Third-party insurance checks must include the lienholder

There are great opportunities for dealer members to help or become more involved throughout the year. Martin is more than happy to discuss how dealers can get involved in the process, and he emphasizes that the TIADA Day at the Capitol on February 7 is a great place to start. “We must build relationships in the district,” said Martin. “That is important for us and for the legislators. Legislators want to know the dealers in their district. They want to know how a specific piece of legislation will affect their constituents. We talk about how important that is all year, but now that we are in session, the meeting place for the next six months is at the Capitol. If we haven’t yet made those contacts in the district, let’s do it in Austin. Come to the Day at the Capitol, and we will put you in front of the right people.”

The TIADA Day at the Capitol is free and open to all TIADA dealer members. It’s an opportunity for dealers to

discuss legislative issues with legislators and their staff. Dealers are grouped together primarily by geography, and they attend prearranged meetings with their legislators. The TIADA staff schedules all the legislative meetings, provides talking points for each group, and assigns a group leader to help navigate the Capitol and speak on behalf of the group.

TIADA Past President Mark Jones from MCMC in Burleson has attended the event several times and can speak to any reservations a first-time attendee might have. “The TIADA staff makes it very easy,” said Jones. “They provide training and maps, and they are constantly checking in with you throughout the day to make sure you are in the right place and feel comfortable.” During Jones’ first Day at the Capitol, he was put in a group with a dealer who had several sessions under his belt. Jones is now a group leader and regularly takes new attendees to meet with their legislators.

TIADA will focus on two issues at this year’s Day at the Capitol. First, the association supports increasing the timeframe for a safety inspection acquired by a dealer from 180 days to 12 months. This change will save consumers and dealers from time wasted reinspecting vehicles with little, if any, correlating benefit to dealers, consumers, or the public. It is expensive and time-consuming, especially in rural areas where inspection stations are not as readily available. All that expense is passed along to the consumer in one way or another.

Secondly, dealers who attend will be educating legislators on an issue that has come up during the last two sessions and is expected to be around again. As previously introduced, the bill would allow crushers, dismantlers, and recyclers to purchase a vehicle without a

12 Texas Dealer January 2023

title if the vehicle was 10 years old or older and had not been subject to a lien in the last four years. TIADA has actively opposed the bill and has been able to stop it in the last two sessions.

TIADA expects around 70 dealers to attend this year’s Day at the Capitol. It’s free for dealer members to attend, but they must register for the event. Registration

can be found on the TIADA website. TIADA President Ryan Winkelmann owns and operates BJ’s Autohaus in Houston. He expects this to be the largest attendance ever. “Dealers know how important this day is for our industry,” said Winkelmann. “When we have a big showing at an event like this, it speaks volumes, and people really start to pay attention.”

6/22
13 January 2023 Texas Dealer
TIADA Day at the Capitol 2023 www.txiada.org/day-at-capitol Tuesday February 7, 2023 REGISTER TODAY!

taught my then 8 year old daughter how to hack a car with just a cheap burner phone so she could still read text messages in the car. We have also demonstrated in separate security disclosures to the Automotive Information Security and Analysis Center (Auto-ISAC) other exploits, either developed independently in our R&D or by collaborating with university researchers, including recently a technique that expands what we were able to do with “CarsBlues” in 2018 and seems to be working with 100% of vehicles in circulation equipped with Bluetooth.

One does not need to be an expert to find the Personal Information of previous owners and occupants either: when we sent mystery shoppers to 72 different, large, reputable franchise dealerships, they reported that they found Personal Information of consumers at 88% of those dealerships, just by simply test driving one or two cars of their choice. Dealers should evaluate likely scenarios, such as: what would happen if a customer who bought a used car drove to the home of another customer who traded in their vehicle and started an altercation (we heard of this happening a few times already). Or what would happen if, every day, a plaintiff attorney test drove a couple of cars in the morning, called the old owner, and filed a suit against the dealership and dealer principle by the afternoon?

This issue is increasingly in the sight of regulators and plaintiff attorneys

We already mentioned the recent FTC increased focus on safeguarding electronic information. While US Congress seems to be unable to pass national Privacy Laws, a growing number of states are filling the gap. Today, only a dozen states do not have a privacy law being debated or passed.

Privacy laws are not the only laws that matter: there are over 200 state laws that regulate in one way or another the data collected, stored, and shared by vehicles. Among those, it is worth mentioning that most states have Data Security Acts and Data Disposal Acts. Those laws by and large mandate businesses to have “reasonable security” and that they cannot retain or disclose personal records unless there is a “reasonable business purpose.” As dealers evaluate the risk exposure of their own dealership or clients, it is probably worth asking: how would you explain in front of a judge and jury that leaving somebody’s home address and garage door codes stored in a vehicle for sale is “reasonable security?” What “business purpose” could you advocate for keeping this information easy to access for anybody with the keys, including staff and potential customers? It is worth noting that the National Institute for Standards and Technologies’ (NIST) Special Publication 800-88: Guidelines for Media Sanitization clearly states that clearing data from media storing Personal Information (such as a vehicle’s infotainment system) is the minimum standard (NIST guidelines are often referenced in court cases to define “reasonableness”).

This is no longer a case of hypotheticals. Class actions brought by consumers highlight this growing risk of businesses leaving behind previous consumers’ Personal Information in vehicles instead of deleting it before sale. Morgan Stanley recently settled a class action lawsuit for $60 million — and had already been fined $60 million by NY state authorities — for leaving their customers’ Personal Information in electronic devices for sale. It’s not just the 8-figure settlement: plaintiff attorneys Morgan & Morgan and Nussbaum’s successful settlement made Morgan Stanley responsible for covering plaintiff costs related to the data breach (up to $10,000 per class member), cover 2 years of Identity Theft monitoring and remedy, but also caused the bank to have to significantly step up their oversight and controls over Personal Information, especially around device disposal and unencrypted data. We believe the parallels with the issue of Personal Information left in vehicles are uncanny.

16 Texas Dealer January 2023
Profile of former owner and family members (source: Privacy4Cars research)

regulation matters

The Consumer Finance Protection Bureau and Credit Reporting

On July 26, 2022, the Consumer Finance Protection Bureau issued a consent order against Hyundai Capital America (Hyundai), based on how Hyundai furnishes credit information to consumer reporting companies. The CFPB alleged that over several years Hyundai repeatedly furnished to consumer reporting companies information containing numerous systemic errors and that it knew of many of these inaccuracies for years before attempting to fix them. The CFPB found that Hyundai violated the Fair Credit Reporting Act (FCRA) by failing to promptly update and correct information it furnished to consumer reporting companies that it determined was not complete or accurate and continuing to furnish this inaccurate and incomplete information; failing to provide the FCRA-required date of first delinquency on certain delinquent or charged-off accounts; failing to modify or delete information disputed by consumers that it found to be inaccurate; failing to establish reasonable identity theft and related blocking procedures to respond to identity theft notifications from consumer reporting companies such that Hyundai continued to report such information that should have been blocked on a consumer’s report; and failing to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information provided to consumer reporting companies.

In the consent order, there were several notable issues CFPB had with Hyundai’s handling of credit reporting. With this recent order, now is a good time to take note of those findings and review your own credit practices. Specifically, you should consider the following which, according to the CFPB, Hyundai violated the law by doing:

Inaccurate Original Loan Amount. In over 2.2 million instances involving over 1.2 million accounts, Hyundai furnished inaccurate amounts as to the highest credit or original loan amount. Hyundai furnished increased amounts for the “original loan amount,” making it appear that a consumer had taken out a larger loan than they had actually taken out.

Inaccurate Delinquency and Balance Information. In over 2.9 million instances on more than 189,000 accounts, Hyundai reported consumers’ accounts as delinquent but also reported there was no

amount past due. Unless the consumer has filed for certain types of bankruptcy, an account that is delinquent must also have an amount past due. The fact that there was no amount past due for consumers who had not filed for bankruptcy suggests that many of these accounts were incorrectly furnished as delinquent.

Inaccurate Payment Rating for Paid Accounts. For more than 17,000 accounts, Hyundai reported an inaccurate negative payment rating.

Failure to Report an Accurate Date of First Delinquency. In at least 29,000 instances for approximately 3,900 accounts, Hyundai failed to report a date of first delinquency but reported other information indicating that the accounts were placed for collection, charged-off, subject to similar action, or at least 120 days delinquent (which is a typical time period for Hyundai moving an account to collection and charge-off).

Hyundai Failed to Modify or Delete Information When Required. When consumers disputed inaccurate payment histories, Hyundai manually corrected the inaccuracy, but their report furnishing system put the inaccuracy back in, and they re-furnished the inaccuracy to CRAs in the regular monthly furnishing transmission.

19 January 2023 Texas Dealer
With this recent consent order against Hyundai Capital America (Hyundai), now is a good time to take note of those findings and review your own credit practices.

Education Offerings for Spring 2023

Dealer Academy

No one knows the industry like TIADA. We offer in-person seminars throughout the year meant to keep you up to date on the latest compliance issues, regulatory changes and best practices. The association’s professional development program is called the TIADA Dealer Academy, and our current offerings can be found below.

Instructor-Led Courses

Collect The Cash, Not The Car

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.

MONDAY, MARCH 20, 2023 • SAN ANTONIO • 9:00AM - 4:00PM

$249 TIADA Members, Each Additional $199 (must be from same dealership), $498 Non-members

Keeping Your BHPH Dealership Legal & Compliant

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.”

This seminar is the final answer in BHPH compliance. Mike speaks dealer, and with 45 years of experience representing hundreds of BHPH dealers, he knows your business inside and out. He will focus on the practical side of compliance that understands you have a business to run — and you want to run it right.

MONDAY, MAY 8, 2023 • DALLAS • 9:00AM – 4:00PM

$249 TIADA Members, Each Additional $199 (must be from same dealership), $498 Non-members

To register, visit Txiada.org/in-person Call us at 512.244.6060 or email us if you need assistance.

Stay tuned for more education offerings on our website.

Contact patty.huber@txiada.org for educational seminar sponsorship opportunities

Texas Independent Automobile Dealers Association

Consider a Tax Marketing Program

With unemployment benefits, Advanced Child

Tax Credit payments, and federal stimulus checks a thing of the past, consumers have seen their liquid cash position deteriorate to almost $0.

Now add inflation into the mix. Higher food prices, higher rent, higher gas prices, higher car prices, higher energy prices, and higher interest rates have left the consumer at a breaking point. They are financially stressed to the max and may only have $9 to pay $10 worth of financial obligations.

Consumers are looking for the next big government check. That is their upcoming tax refund, which is only a few months away. We usually start fielding phone calls towards the end of December about when consumers can tap into their upcoming refund. We are actually starting to receive those phone calls already, and this is the earliest that I can remember.

What does this mean if I am a car dealer?

These calls indicate that some consumers might soon go back to public transportation, such as taking the bus or relying on rideshare services. This means that you will have fewer people looking to buy a car. And those consumers that do want to buy a car will probably struggle to make the full down payment that is required by the dealer. Customers that have an existing loan with a BHPH dealer are starting to struggle when it comes to making their car payments.

One potential solution is a tax marketing program.

What is a tax marketing program?

A tax marketing program is a program where a dealer can advertise for a customer to bring in their W2 in January, February, and March, and their tax partner can file the customer’s tax return and send the refunds to the dealership to use as a down payment. With a Refund Advance product, a customer can apply for a Refund Advance, and the same day, if approved, a consumer can access up to $6000 of their refund that day while on the car lot. There’s your down payment.

Can any dealership type do this?

Yes. If you are a retail, franchise, or BHPH dealer, you can definitely utilize a tax marketing program. There is no risk, no liability, and no recourse with this sort of program.

What if I am a BHPH dealer?

If you are a BHPH dealer, you can also sell cars all 365 days of the year using the Irregular

Payment option. An irregular payment is defined as a balloon payment scheduled in the middle of the contract. With certain DMS systems, you can put 3 special tax season payments in your contract and can reduce your term by up to 21%. That is a game changer in today’s environment.

In addition to collecting large down payments and reducing your term, you can use a tax marketing program to collect on your delinquent accounts. Contact all of your past dues at the end of December and tell them to bring in their W2 for your tax partner to file their return, apply for a Refund Advance, and use the Refund Advance to convert a delinquent account into a current account. Your customers will love this.

Can I use a tax marketing program for repair notes?

Yes. All of your repair notes should have a due date of March 15. The customer should agree to pay off their repair using their W2 the following January/February to pay off the repais that the dealership did for them.

Considering today’s economic picture, consumers are managing a lot of financial stress. Consumers are desperate for their tax refund, which is just a few months around the corner. Tax season is back, so make sure you don’t miss out. If you don’t have a tax season plan, it could pass you by this year.

William J. Neylan III; President/CEO of Tax Max, can be reached at 813-987-2199, trs@taxrefundservices.com, TaxMax.com.

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Texas Dealer January 2023 22
. .. . . .. .. . .. . . .... . ...... .. .. . .. ... . . .. .. . . . ... ... . ..... . . . . . . . . . . . . .. .. . . ...... .. ... .. .. . ... . . . . ... . . . ... . . . .. ... .. .. .. ... .. . ... . . ... .. .. .... .. . .. ....... ... .. . .. .. . . ... . . .... ... ... .... ... .. . ... . ... . .. . ... . . . . . .. ... ... . ....... . .. . .. .. .... . ..... ... .. . .. . . . ... . . . . . . ... . . . .... . .. . . .. . .. . .. .. .. . .... . . . . ... . .. ... ....... . . . . . .. . .. .. . . . .. . .. .. .... ... . . .. . . . . .. .. . ... .. . ..... . . . .. . .... . .. .. .. ... . . ... .. ... . . .. ... ... . . . ..... .. . .. . .... . .. .. . . . .. .. ... .. . . . ... ...... .. . .. .. . .. . .. ... .... .... . . . .. . ... .. ... . . .. . .. .. .. . .... ... ...... . . ... ... ... . . . .. . . . .. . .. .... . . .. ..... .... .. . . ..... . .. .. . . •40 Years Serving Texas Dealers • 4.9 Star Avg. Customer Rating • Independently Owned W h y C h o o s e U s ? M U L L E N I N S U R A N C E . C O M V i s i t U s O n li n e f o r C u s t o m i z e d S o lu t i o n s & H e lp f u l I n s i g h t s W h y C h o o s e U s ? M U L L E N I N S U R A N C E . C O M V i s i t U s O n li n e f o r C u s t o m i z e d S o lu t i o n s & H e lp f u l I n s i g h t s
20 23 JULY 23-25, 2023 SAN ANTONIO, TX SAVE THE DATE
A u t o De a l e r S o l u t i o n s

Texas Motor Vehicle Sales Tax Compliance

GPS Unit Purchases;

Sales of Unrepaired Salvage Vehicles, Non-Repairable Vehicles, and Units Declared a Total Loss by an Insurance Company

Texas independent motor vehicle dealers continually look to the Comptroller’s office for guidance on compliance issues.

In this article, we discuss two such issues: the taxability of GPS units purchased by dealers specifically to track vehicles and the taxability of unrepaired salvage vehicles, non-repairable vehicles, and units declared a total loss by an insurance company subsequently sold to Dismantlers.

Dealer Purchases of GPS Units for SellerFinanced Vehicles

Independent motor vehicle dealers purchase GPS units for installation on motor vehicles sold in a sellerfinanced sale. These GPS units are subject to limited sales and use tax. The units are not accessories for the convenience or use of the driver. The units are for the dealer’s own use to locate and recover motor vehicles if the buyer becomes delinquent on their auto loan. Therefore, a dealer may not purchase the GPS units tax free for resale, and limited sales and use tax is due on the purchase of the units.

If a vendor does not collect tax on the sale of a GPS unit, the dealer must remit taxes that are owed, but are not collected by the vendor, by adding the amount of tax owed to the dealer’s limited sales and use tax report and remitting the appropriate taxes directly to the Comptroller’s office. Note, this tax is reported on a Limited Sales and Use Tax report and not on a Motor Vehicle Sales and Use Tax report.

Limited sales and use tax rates vary by location. The tax rate is 6.25 percent for the state and up to 2 percent for local tax.

Dealer Sale of Unrepaired Salvage, NonRepairable Vehicles, and Units Declared a Total Loss by an Insurance Company

A unit is no longer a motor vehicle for tax purposes if it: has a salvage certificate or a non-repairable motor vehicle certificate of title issued pursuant to the Certificate of Title Act; has a certificate of authority for an abandoned motor vehicle; or is a unit that has been declared a total loss by an insurance company.

The sale of these units is taxable under the Limited Sales and Use Tax (Tax Code, Chapter 151) and not the Motor Vehicle Sales and Use Tax (Tax Code, Chapter 152). Dealers selling taxable units subject to the Limited Sales and Use Tax must have a sales tax permit and collect and remit tax on sales of these units.

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Ensure your staff knows how to protect consumer information to Ensure your staff knows how to protect consumer information to comply with the FTC requirements, avoid inadvertent exposure of comply with the FTC requirements, avoid inadvertent exposure of your customer's information, government enforcement actions, your customer's information, government enforcement actions, lawsuits, and bad press. lawsuits, and bad press. Brought to you by TIADA. Powered by the Dealer Education Brought to you by TIADA. Powered by the Dealer Education Portal. Portal. Visit Visit dealereducationportal.com dealereducationportal.com Or scan the QR Code for info and registration Or scan the QR Code for info and registration S a f e g u a r d s S a f e g u a r d s C o m p l i a n c e C o u r s e C o m p l i a n c e C o u r s e Volume purchase discounts available for purchase of 10+ courses The course is flexible and on-demand to fit your busy schedule All users earn a certificate upon completion Sample policies and agreements are included at no additional charge Keep Your Dealership Compliant with the Keep Your Dealership Compliant with the FTC's Safeguards Requirements FTC's Safeguards Requirements O n l y $ 7 5 f o r t h e Q u a l i f i e d I n d i v i d u a l O n l y $ 4 9 E a c h f o r A l l O t h e r E m p l o y e e s V o l u m e D i s c o u n t s a t $ 4 0 f o r A n y C o u r s e January 2023 Texas Dealer 33
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become a major ally of dealers in fighting the proposed rule.

Frustrated by the inability of NIADA to finance an organized effort in opposition to the proposed rule, Ivy called a meeting of state IADA leaders in Atlanta and put up his own money to fund the meeting. The late Irv Berrier, then executive vice president of TIADA, and I joined Ivy in representing Texas.

From that meeting in 1978, the blueprint of the modern-day NIADA emerged. It was agreed that Ivy would seek the presidency of NIADA. Even before his election, he had begun the efforts to recruit NIADA’s first full-time, professional executive. Dan Ray, who had worked for the U.S. Chamber of Commerce, and had legislative experience in Washington, D.C., was hired to (1) modernize NIADA and grow its membership; and (2) organize a campaign in opposition to the FTC rule.

As NIADA president, Ivy led the effort to raise funds to pay for the new executive and to bring in an experienced lobbyist who could carry the fight to congress. A

nation-wide petition drive was successful in publicizing to the dealer body the disastrous effects that would be brought about by the rule, and in recruiting new blood into NIADA membership and leadership roles. TIADA experienced a surge in new members as a result of the petition drive.

By the time the opposition effort got into full swing, however, it appeared that the rule was on its way to passage. One savvy political analyst told us that it was like batting in the bottom of the ninth, down five runs, with two outs, no one on base, with two strikes on the batter. But the furious letter-writing, petition gathering, and lobbying efforts led by Ivy helped get Congress to enact legislation giving itself veto power over rules it deemed to be excessively intrusive into private enterprise. With the threat of a congressional veto, the FTC amended the proposed rule by dropping the three-day cooling-off period and the mandatory “O.K.-Not O.K.” provision, and offered a much watereddown rule (the so-called “buyer’s guide” rule that we have today).

That Ivy never got the credit he deserved for his role in fighting the FTC rule and propelling NIADA into prominence was not a problem for him. He never sought attention or praise, only results.

Ivy also served as president of TIADA in 1980. He served several terms as chairman of the TIADA political action committee and was always the first to contribute during fund-raising campaigns. Ivy and his wife Lorraine attended almost all TIADA conventions and board meetings. Any time a meeting was scheduled in San Antonio (always a popular destination) Ivy made sure the accommodations and service were first class.

I’ve always marveled at the way that some modest, unassuming men emerge in a time of crisis to successfully take on the mantle of leadership, then quietly fade back into the background after their task is completed. Ivy was such a man.

Every time a dealer posts a buyer’s guide, he can thank Marvin Ivy that he doesn’t have to grant a 72-hourcooling-off period and doesn’t have to give a mandatory warranty on the vehicle.

Marvin Ivy died in 2008 but his legacy as a hero, patriot, family man, industry leader and independent car dealer lives on.

Editor’s note: This is the first in a series of articles by Michael Dunagan called “Heroes I’ve Known.” Each of these articles focuses on significant people who have helped to shape the independent dealership industry.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the

6 LANES 6 LANESCONSIGNMENT SALE CONSIGNMENT SALE EVERY THURSDAY 9AM EVERY THURSDAY 9AM DAAOKC.COM 1028 S PORTLAND, OKC 405/947/2886 Texas Dealer January 2023 36

TxDMV Issues Physical Temporary Buyer Tag Redesign

The Texas Department of Motor Vehicles (TxDMV) has issued a physical temporary buyer tag redesign. TxDMV sees this as the next step in the ongoing efforts of curtailing and preventing the fraudulent production of, access to, and use of temporary tags. TIADA believes this may help eliminate some of the “ghost tags” that result in dealers being asked to pay for toll charges created by people using fake temporary tags. TxDMV has made several announcements related to temporary tag abuse and the new redesign, among their other efforts to mitigate the ongoing problem.

“TIADA applauds the efforts of TxDMV in finding solutions to this problem while being mindful we don’t create too much regulation on honest dealers,” said TIADA Exective Director Jeff Martin.

Temporary Tag Redesign

Texas temporary tags are getting a major design overhaul. The Texas Department of Motor Vehicles (TxDMV) has introduced a new look for tags that are issued by licensed Texas motor vehicle dealers.

Continued collaboration with law enforcement identified the opportunity to further reduce fraud related to counterfeit tags. Counterfeit tags are produced by criminals using various tools outside TxDMV systems. The department has spent the last several months redesiging the look and embedded security features of official temporary tags.

“With the support of our law enforcement partners, The Texas Department of Motor Vehicles is setting a new standard for temporary tag security and design,” said TxDMV Executive Director Daniel Avitia.

Licensed dealers began issuing the redesigned temporary tags on December 9, 2022. The new tags are more complex and secure than existing tags and include additional data and security features to facilitate law enforcement identification of counterfeit tags. (Note: Certain security elements of the temporary tag depicted below have been modified so they cannot be digitally replicated.)

Features of the New Tag Design

(Note: For security purposes, not all features are included or fully described in this list.)

Texas flag watermark.

Enhanced depiction of tag expiration date, vehicle year and make, and name of issuing dealer.

Identification of the specific type of tag issued.

Font selection and size that maximize readability of primary components.

Active and passive security features identifiable by law enforcement.

Numerous pieces of embedded data and text, linked to law enforcement databases, that can be created only by internal TxDMV computer systems.

Temporary Tag Abuse

New temporary tag redesign. (Note: Certain security elements of the temporary tag depicted have been modified so they cannot be digitally replicated.)

Over the last few years, law enforcement in Texas reported pronounced increases in temporary tag abuse that necessitated a swift and effective response. In addition to the manipulation of a physical tag for fraudulent use, the department discovered that persons were applying for dealer licenses with the sole intent of gaining access to the web-based application used by licensed Texas dealers to issue temporary tags (named eTAG), which allowed them to create buyer tags not associated with a legitimate dealer sale. These tags were made available to the public and criminal organizations for purchase, which allowed them to circumvent Texas registration laws and hide their identity from law enforcement.

Fraudulently obtained temporary tags pose a risk to general public safety and welfare. Law enforcement has

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department data. In response to this concern, the department has established the following means by which law enforcement can access valuable motor vehicle information.

Law Enforcement Analyst Team (July 2022). This unit was created within the department’s Enforcement Division to provide a single point of contact for law enforcement to efficiently submit and receive information or data. Law enforcement officers first establish their identity through a vetting process. Once established, they are added to an approved list, which allows them to directly submit requests for information to the analyst team, including requests via phone. This unit was established in response to requests from law enforcement to request and receive information for cases being actively worked, allowing officers to obtain data quickly.

Closed Data Portal (July 2022). The department collaborated with law enforcement to determine what information was most needed for direct 24-hour access. The department then made that data available through a closed data portal, placing the data on a

server, managed by the Texas Department of Information Resources, that can only be accessed by stakeholders with the appropriate credentials. This provides law enforcement with direct access to data that they can use for investigations, including investigations related to temporary tag abuse. Partnership with DPS Fusion Center (October 2022). The Texas Department of Public Safety Fusion Center was provided with TxDMV bulk motor vehicle data products, which include all records in the Registration and Title System (RTS) database, weekly updates to RTS, eTAG data, specialty plates data, and dealer information. The Fusion Center is in the process of reviewing the data to determine how it can best be communicated by criminal analysts working with law enforcement in the field.

TIADA expects bills related to temporary tags to be introduced in this legislative session. During Session, TIADA will sort through all the bills to see which will impact dealers, and TIADA will monitor those bills. We will keep you abreast of issues as they arise.

Upcoming Events TIADA DEALER ACADEMY Online registration available. www.txiada.org March 20 Collect the Cash, Not the Car San Antonio, TX May 8 Keeping Your BHPH Dealership Legal and Compliantl Dallas, TX OTHER TIADA EVENTS February 6 Board of Directors Meeting Austin, TX 7 TIADA Day at the Capitol Austin, TX April 24 Board of Directors Meeting Austin, TX July 23 Board of Directors Meeting JW Marriott Hill Country Resort San Antonio, TX 23-25 TIADA Conference and Expo JW Marriott Hill Country Resort San Antonio, TX 2023 Please Welcome Our Newest TIADA Members DEALER MEMBERS 3 Nations Auto Sales Gustavo Donatti 6060 Wilcrest Dr, Houston, TX 77072 Approved Autoplex Jeremy Miers 2441 Industrial Auto Blvd., Abilene, TX 79605 Erinles Global Inc Remilekun Rufai ............. 9325 Alberene Dr, Houston, TX 77074 Stingray Alley Bobby Moore 4354 South Staples St, Corpus Christi, TX 78411 Sure Deal Auto Group Corp Cynthia Munoz ..... 7239 Alameda Ave, El Paso, TX 79915 Tres Rios Credit Cars Javier Rios 1308 S 23rd St, McAllen, TX 78501 ASSOCIATE MEMBERS Privacy4Cars Andrea Amico ......... 630 Kennesaw Due West Rd, Kennesaw, GA 30152 January 2023 Texas Dealer 41

MANHEIM EL PASO

www.manheim.com

485 Coates Drive, El Paso, TX 79932 915.833.9333, Fax 915.581.9645

GM: JD Guerrero Thursday, 10:00 a.m. $AVE : $100

Harlingen/McAllen

IAA MCALLEN* www.iaai.com 900 N. Hutto Road, Donna, TX 78537 956.464.8393, Fax 956.464.8510

GM: Ydalia Sandoval

Tuesday, 9:00 a.m. $AVE : up to $200 Sell Fee

BIG VALLEY AUTO AUCTION** www.bigvalleyaa.com 4315 N. Hutto Road, Donna, TX 78537 956.461.9000, Fax 956.461.9005

GM: Lisa Franz Thursday, 9:30 a.m. $AVE : $200

Houston

ADESA HOUSTON www.adesa.com 4526 N. Sam Houston, Houston, TX 77086 281.580.1800, Fax 281.580.8030

GM: Brian Wetzel Wednesday, 9:00 a.m. $AVE : $200

AMERICA’S AA HOUSTON www.americasautoauction.com 1826 Almeda Genoa Rd., Houston, TX 77047 281.819.3600, Fax 281.819.3601

GM: Ben Nash Thursday, 2:00 p.m. $AVE : $200

AMERICA’S AA NORTH HOUSTON www.americasautoauction.com 1440 FM 3083, Conroe, TX 77301 936.441.2882, Fax 936.788.2842

GM: Buddy Cheney Tuesday, 1:00 p.m. $AVE : $200

AUTONATION AUTO AUCTION - HOUSTON www.autonationautoauction.com 608 W. Mitchell Road, Houston, TX 77037 822.905.2622, Fax 281.506.3866

GM: Juan Gallo Friday, 9:30 a.m.

$AVE : $200

HOUSTON AUTO AUCTION www.houstonautoauction.com 2000 Cavalcade, Houston, TX 77009 713.644.5566, Fax 713.644.0889

President/GM: Tim Bowers Wednesday, 11:00 a.m. $AVE : $200

IAA HOUSTON* www.iaai.com 2535 West. Mt. Houston, Houston, TX 77038 281.847.4700, Fax 281.847.4799

GM: Alvin Banks Wednesday, 9:00 a.m. $AVE : up to $200 Sell Fee

IAA HOUSTON NORTH* www.iaai.com 16602 East Hardy Rd., Houston-North, TX 77032 281.443.1300, Fax 281.443.4433

GM: Aracelia Palacios Thursday, 9:00 a.m. $AVE : up to $200 Sell Fee

IAA HOUSTON SOUTH* www.iaai.com 2839 E. FM 1462, Rosharon, TX 77583 281.369.1010, Fax 833.595.8398

GM: Adriana Serrano Friday, 9:30 a.m. $AVE : up to $200 Sell Fee

MANHEIM HOUSTON www.manheim.com 14450 West Road, Houston, TX 77041 281.924.5833, Fax 281.890.7953

GM: Brian Walker

Tuesday, 9:00 a.m. / Thursday 6:30 p.m. $AVE : $100

MANHEIM TEXAS HOBBY www.manheim.com 8215 Kopman Road, Houston, TX 77061 713.649.8233, Fax 713.640.6330

GM: Darren Slack Thursday, 9:00 a.m. $AVE : $100

Longview

ALLIANCE AUTO AUCTION LONGVIEW www.allianceautoauction.com 6000 East Loop 281, Longview, TX 75602 903.212.2955, Fax 903.212.2556

GM: Chris Barille Friday, 10:00 a.m. $AVE : $200

IAA LONGVIEW* www.iaai.com 5577 Highway 80 East, Longview, TX 75605 903.553.9248, Fax 903.553.0210

GM: Edgar Chavez Thursday, 9:00 a.m. $AVE : up to $200 Sell Fee

Lubbock

IAA LUBBOCK* www.iaai.com 5311 N. CR 2000, Lubbock, TX 79415 806.747.5458, Fax 806.747.5472

GM: Chris Foster Tuesday, 9:00 a.m. $AVE : up to $200 Sell Fee

TEXAS LONE STAR AUTO AUCTION** www.lsaalubbock.com 2706 E. Slaton Road., Lubbock, TX 79404 806.745.6606

GM: Dale Martin Wednesday, 9:30 a.m $AVE : $75/Quarterly

Lufkin

LUFKIN DEALERS AUTO AUCTION www.lufkindealers.com 2109 N. John Reddit Dr., Lufkin, TX 75904 936.632.4299, Fax 936.632.4218

GM: Wayne Cook Thursday, 6:00 p.m. $AVE : $200

Midland Odessa

IAA PERMIAN BASIN* www.iaai.com 701 W. 81st Street, Odessa, TX 79764 432.550.7277, Fax 432.366.8725 Thursday, 11:00 a.m. $AVE : up to $200 Sell Fee

ONLINE

ACV AUCTIONS** www.acvauctions.com 800.553.4070 $AVE : $250

E-DEALERDIRECT** www.e-dealerdirect.com chris@edealerdirect.com $AVE : Up to $500/month

San Antonio

ADESA SAN ANTONIO www.adesa.com 200 S. Callaghan Rd., San Antonio, TX 78227 210.434.4999, Fax 210.431.0645

GM: Clifton Sprenger Thursday, 10:00 a.m. $AVE : $200

IAA SAN ANTONIO* www.iaai.com 11275 S. Zarzamora, San Antonio, TX 78224 210.628.6770, Fax 210.628.6778

GM: Paula Booker Monday, 9:00 a.m. $AVE : up to $200 Sell Fee

MANHEIM SAN ANTONIO** www.manheim.com 2042 Ackerman Road San Antonio, TX 78219 210.661.4200, Fax 210.662.3113

GM: Mike Browning Wednesday, 9:00 a.m. $AVE : $100

SAN ANTONIO AUTO AUCTION** www.sanantonioautoauction.com 13510 Toepperwein Rd. San Antonio, TX 78233 210.298.5477

GM: Brandon Walston Tuesday, 10:00 a.m. / Thursday, 1:30 p.m. $AVE : $200

Tyler

GREATER TYLER AUTO AUCTION www.greatertyleraa.com 11654 Hwy 64W, Tyler, TX 75704 903.597.2800, Fax 903.597.3848

GM: Wayne Cook Tuesday, 5:00 p.m. $AVE : $200

Waco

ALLIANCE AUTO AUCTION WACO www.allianceautoauction.com 15735 I-35 Frontage Road Elm Mott, TX 76640 254.829.0123, Fax 254.829.1298

GM: Christina Thomas Friday, 10:00 a.m. $AVE : $200

January 2023 Texas Dealer 43
*Coupons range from $75 to $500 each on buy-sell fees. L e t Y o u r M e m b e r s h i p P a y f o r I t s e l f L e t Y o u r M e m b e r s h i p P a y f o r I t s e l f Save Over Save Over $10,000!* $10,000!* Download the TIADA App Download the TIADA App Over 45 Over 45 Participating Participating Auctions in Texas! Auctions in Texas! Step 1) Search for "TXIADA" Step 2) Download the App Step 3) Create Your Account Step 4) Save Big! Discounts on auctions and much more
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INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION
Anderson Mill Rd., Suite 101 Austin, TX 78750 INTEGRATED INVENTORY SOLUTIONS: MARKETPLACE | ASSURANCE | RECONDITIONING | FLOOR PLANNING | LOGISTICS | DECISIONING VISIT OUR TEXAS LOCATIONS Manheim Dallas, Manheim Dallas-Fort Worth, Manheim El Paso, Manheim Houston, Manheim San Antonio, Manheim Texas Hobby
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issue: – Michael W. Dunagan – Heroes I’ve Known: Marvin Ivy – TxDMV Issues Temporary Buyer Tag Redesign – The Consumer Finance Protection Bureau and Credit Reporting – Selling Cars, Not Personal Information – Texas Motor Vehicle Sales Tax Compliance
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TIADA is the only voice protecting the independent automobile industry in Texas. Renew today to strengthen the voice of independent dealers at the Capitol.

Renew: • Online: www.txiada.org/login.asp • By Email: membership@txiada.org • By mail: Use formontheinsidefront cover • By fax: (512)244-6218 • By phone: (512)244-6060 Your renewal will ensure continued member benefits: Dealer Members 3 Get quick answers to your compliance questions throughout the year 3 Save on buy/sell fees through the Auction App – that means over $10,000 in savings available at participating auctions across Texas 3 Attend live education seminars 3 Stay updated on the latest industry news 3 Enjoy member benefits to NIADA (National Independent Automobile Dealers Association) 3 And much more (txiada.org/dealer_benefits) Associate Members 3 Connect with dealers face-to-face at the TIADA Conference & Expo 3 Network at TIADA education seminars and local chapter meetings 3 Appear in the TIADA member directory so dealers know how to reach you 3 And much more (visit txiada.org/associate_benefits) All the resources. All the benefits. All the advantages in the palm of your hand.
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PRSRT STD U.S. POSTAGE PAID JEFFERSON CITY, MO PERMIT NO. 210
INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION
Anderson Mill Rd., Suite 101 Austin, TX 78750 INTEGRATED INVENTORY SOLUTIONS: MARKETPLACE | ASSURANCE | RECONDITIONING | FLOOR PLANNING | LOGISTICS | DECISIONING VISIT OUR TEXAS LOCATIONS Manheim Dallas, Manheim Dallas-Fort Worth, Manheim El Paso, Manheim Houston, Manheim San Antonio, Manheim Texas Hobby
provider of end-to-end wholesale vehicle solutions, Manheim is here to help you
the in-lane and online tools you need. BE T TER, FASTER
TEXAS
9951
As the nation’s leading
be more successful with