Texas Dealer March 2024

Page 1

in this issue: Enter to win a FREE conference registration (details inside)
Michael W. Dunagan: Bankruptcy Planning Traps Car Creditors
Also
Dealership Customer Service: The Secret to Repeat Customers
The Texas Conference Dealers Can’t Afford to Miss
The Red Flags Rule
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TIADA Board of Directors

PRESIDENT

Eddie Hale/Neighborhood Autos PO Box 1719

Decatur, TX 76234

PRESIDENT ELECT

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

CHAIRMAN OF THE BOARD

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

SECRETARY

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

TREASURER

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

VICE PRESIDENT, WEST TEXAS (REGION 1)

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

VICE PRESIDENT, FORT WORTH (REGION 2)

Tyler Simmons/Abilene Used Car Sales, Inc. 2150 N. 1st Street Abilene, TX 79603

VICE PRESIDENT, DALLAS (REGION 3)

Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas, TX 75237

VICE PRESIDENT, HOUSTON (REGION 4)

Lowell Rogers/11th Street Motors 1355 N 11th St, Beaumont, TX 77702

VICE PRESIDENT, CENTRAL TEXAS (REGION 5)

Chad Lancaster/Chacon Autos 11800 E. Northwest Hwy Dallas, TX 75218

VICE PRESIDENT, SOUTH TEXAS (REGION 6)

Cesar Torres/Lofi Motors 4634 Ayers St. Corpus Christi, TX 78415 VICE

TexasDealer contents Volume XXIV / Issue 3 / March 2024
PRESIDENT AT LARGE Armando Villarreal/McAllen Auto Sales, LLC 4215 S. 23rd St McAllen, TX 78503 VICE PRESIDENT AT LARGE Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301 TIADA EXECUTIVE DIRECTOR John Frullo 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 Office Hours M-F 8:30am – 4:30pm 512.244.6060 • Fax 512.244.6218 john.frullo@txiada.org 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 Y ou Know ? Your TIADA membership includes membership to NIADA. They are the watchdog on federal policy and as a member you can benefit from their programs and services too. 5 Officers’ Message by Eddie Hale, TIADA President 8 Board of Directors Meeting Minutes 10 TIADA Auction Directory 13 Legal Corner: Bankruptcy Planning Traps Car Creditors by Michael W. Dunagan 15 Upcoming Events 18 On The Cover: March Madness! Who Will Take the Title for Best Movie About Cars and Driving? by TIADA Staff 24 2024 TIADA Conference & Expo 30 TIADA Membership Application 31 Regulation Matters: The Red Flags Rule by Earl Cooke 35 Dealership Customer Service: The Secret to Repeat Customers by Tom Ryan 41 Strategies for Subprime Market During Challenging Economic Conditions Applies to All by Tiger Oakley 44 TIADA Scholarship Application 45 New Members 45 Local Chapters 46 Behind the Wheel by John Frullo
. .. . . .. .. . .. . . .... . ...... .. .. . .. ... . . .. .. . . . ... ... . ..... . . . . . . . . . . . . .. .. . . ...... .. ... .. .. . ... . . . . ... . . . ... . . . .. ... .. .. .. ... .. . ... . . ... .. .. .... .. . .. ....... ... .. . .. .. . . ... . . .... ... ... .... ... .. . ... . ... . .. . ... . . . . . .. ... ... . ....... . .. . .. .. .... . ..... ... .. . .. . . . ... . . . . . . ... . . . .... . .. . . .. . .. . .. .. .. . .... . . . . ... . .. ... ....... . . . . . .. . .. .. . . . .. . .. .. .... ... . . .. . . . . .. .. . ... .. . ..... . . . .. . .... . .. .. .. ... . . ... .. ... . . .. ... ... . . . ..... .. . .. . .... . .. .. . . . .. .. ... .. . . . ... ...... .. . .. .. . .. . .. ... .... .... . . . .. . ... .. ... . . .. . .. .. .. . .... ... ...... . . ... ... ... . . . .. . . . .. . .. .... . . .. ..... .... .. . . ..... . .. .. . . •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

officers’ message

The Texas Conference Dealers Can’t Afford to Miss

As an independent dealer, navigating our industry can be daunting. I consider TIADA’s annual Conference & Expo the best and most important event for education, networking, and vendor connections. From insightful education and networking opportunities to the dynamic expo hall, TIADA should be your one-stop shop for industry knowledge and growth. I have been attending the conference for many years and have not missed a single one since I started attending.

TIADA dives deep into the issues facing independent Texas dealers, tackling both state and federal issues relevant to your dealership. Whether it’s understanding complicated TxDMV regulations or staying ahead of FTC compliance guidelines, you’ll have direct access to experts, legislative updates, and real-world insights.

But the knowledge we gain as dealers isn’t just confined to legal issues. Open panel discussions and roundtables offer a treasure trove of practical practices. There’s no substitute for hearing fellow dealers share their experiences, successes, and strategies. Learn how they handle collections, leverage technology, and optimize operations. This peer-to-peer exchange provides invaluable perspectives you can directly translate into improved dealership performance.

The power of connection shouldn’t be underestimated. The willingness of our Texas dealers to share information and practices with each other is unprecedented. Imagine collaborating with someone who sells similar vehicles, learning their sales tactics and marketing strategies. Or discussing challenges with someone facing the same regulatory hurdles. This network becomes a strong support system, a resource pool for bouncing ideas, sharing best practices, and forging valuable partnerships.

I also encourage dealers to bring their staff along to the conference, as well. I bring my employees so they can step outside their box to see the best practices and think about how people are doing things differently than they are. They also make contact with other people directly involved in the same processes they are (collections management, for example). It’s one thing for me to know about the issues and processes in our industry, but it’s another entirely for the staff to know what other people in their positions do on a day-to-day basis. And that is invaluable for them and for my business.

My personal favorite aspect of the conference is connecting with associate members representing leading product and service providers. Our world changes

This network becomes a strong support system, a resource pool for bouncing ideas, sharing best practices, and forging valuable partnerships.
March 2024 Texas Dealer 5

so fast, and sometimes we need things to help simplify the processes at our dealership, and those things can be found at the expo hall.

The expo hall allows you to compare options, negotiate competitive pricing, and ultimately find the solutions that streamline your operations and elevate customer service. The expo hall is where innovation comes alive. Few things beat comparing the latest technologies and services specifically designed to empower dealerships. It’s also a great place to explore new financing options, insurance providers, and even parts suppliers. The expo hall becomes your chance to hunt for the best deals, optimize costs, and gain a competitive edge. Remember, even small improvements in efficiency can translate into significant gains for your dealership.

TIADA is more than just a conference; it’s an investment in your dealership’s future. It’s a one-stop shop for education, networking, and vendor exploration, designed to equip you with the knowledge, connections, and tools you need to thrive. If you’re an independent dealer and are only going to go to one conference, it has to be TIADA because it deals with everything you do as a dealer from the ground up.

Did the ownership at your dealership change and you need to renew your dealer ’s license?

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board of directors meeting minutes

Board Members in Attendance: Russell Moore, Greg Reine, Vicki Davis, Eddie Hale, Ryan Winkelmann, Brad Kalivoda, Greg Phea, Tyler Simmons, Cesar Torres, Armando Villarreal, Cesar Stark, and Chad Lancaster.

TIADA Staff in Attendance: John Frullo, Earl Cooke, Teresa Orkun, and Patty Huber.

At its meeting on Monday, January 29, 2024, TIADA took the following actions:

President Eddie called the meeting to order at 1:00 p.m.

Minutes of Last Meeting

Secretary Greg Phea presented the minutes from the last meeting.

A motion was made to accept the minutes.

Moved by Vicki Davis, seconded by Cesar Stark - PASSED

Treasurer’s Report

Treasurer Brad Kalivoda presented the Treasurer’s Report.

A motion was made to accept the Treasurer’s report.

Moved by Greg Phea, seconded by Armando Villarreal - PASSED

President’s Report

Eddie Hale discussed the Abilene and Arlington Townhall dealer meetings. Board members reported on their member outreach calls.

Executive Director’s Report

Executive Director John Frullo updated the board on future conference contracts, Treasury Bills, new accounting firm, the upcoming campaign season, and the local chapters.

Associate Executive Director Teresa Orkun presented a report on membership and dealer professional development.

Director of Business Development and Compliance

Earl Cooke presented an update on state agencies and governmental relations.

Director of Associate Member Relations Patty Huber presented an associate member update.

Brad Kalivoda presented the FY’24 budget and reserves.

New Business

A discussion took place regarding the CARS Rule. A motion was made for TIADA staff to continue to explore options to support NIADA’s efforts to overturn the CARS RULE.

Moved by Russell Moore, seconded by Cesar Stark – PASSED

A motion was made to adjourn the meeting.

Moved by Vicki Davis, seconded by Cesar Torres

- PASSED

Eddie Hale adjourned the meeting at 3:45 p.m.

Respectfully submitted, Greg Phea, Secretary

A complete copy of any reports referenced in this document and more detailed notes from the meeting are on file at the TIADA office and available upon request.

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Abilene

ALLIANCE AUTO AUCTION ABILENE**

www.allianceautoauction.com

6657 US Highway 80 West, Abilene, TX 79605 325.698.4391

GM: Brandon Denison

Friday, 9:45 a.m.

$AVE : $200

IAA ABILENE*

www.iaai.com

7700 US 277, Hawley, TX 79601

325.675.0699

GM: Shaun Lemke

Thursday, 9:30 a.m.

$AVE: up to $200 Sell Fee

Amarillo

DAX of AMARILLO**

www.daxofamarillo.com

3208 SE 10th Ave., Amarillo, TX 79104

806.374.8982

GM: Kelsy Allen

Every Tuesday, 11:00 a.m.

$AVE : $200

IAA AMARILLO*

www.iaai.com

11150 S. FM 1541, Amarillo, TX 79118

806.622.1322

GM: Shawn Norris

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Austin

ADESA AUSTIN**

www.adesa.com

2108 Ferguson Ln., Austin, TX 78754

512.873.4000

GM: Michele Arguijo

Tuesday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION AUSTIN**

www.allianceautoauction.com

1550 CR 107, Hutto, TX 78634

737.300.6300

GM: Brad Wilson

Thursday, 9:15 a.m.

$AVE : $200

AMERICA’S AA AUSTIN**

www.americasaa.com

16611 S. IH-35, Buda, TX 78610

512.268.6600

GM: Jamie McCollum

Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

$AVE : $200

AMERICA’S AA LONE STAR AUSTIN

www.americasaa.com

8408 Shoal Creek Blvd., Austin, TX 78757 214.483.3597

GM: Sara Edgington

Friday and Every Other Thursday, 11:00 a.m.

$AVE : $200

IAA AUSTIN*

www.iaai.com

2191 Highway 21 West, Dale, TX 78616

512.385.3126

GM: Rick Hahn

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

METRO AUTO AUCTION AUSTIN

www.metroautoauction.com

2221 Hwy 21 W., Dale, TX 78616

512.282.7900

GM: Brent Rhodes

3rd Saturday monthly, 9:00 a.m.

$AVE : $200

Corpus Christi

CORPUS CHRISTI AUTO AUCTION**

www.corpuschristiautoauction.com

2149 IH-69 Access Road, Corpus Christi, TX 78380

361.767.4100

GM: Hunter Dunn

Friday, 10:00 a.m.

$AVE : $200

IAA CORPUS CHRISTI*

www.iaai.com

4701 Agnes Street, Corpus Christi, TX 78405 361.881.9555

GM: Patricia Kohlstrand

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Dallas-Ft. Worth Metroplex

ADESA DALLAS**

www.adesa.com

3501 Lancaster-Hutchins Rd., Hutchins, TX 75141 972.225.6000

GM: Eric Jenkins

Thursday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION DALLAS**

www.allianceautoauction.com

9426 Lakefield Blvd., Dallas, TX 75220

214.646.3136

GM: Robert Kersh

Wednesday, 12:30 p.m.

$AVE : $200

AMERICA’S AA DALLAS**

www.americasaa.com

219 N. Loop 12, Irving, TX 75061 972.445.1044

GM: Ruben Figueroa

Tuesday, 12:00 p.m. / Thursday, 12:30 p.m.

$AVE : $200

DAX of ROCKWALL**

www.daxofrockwall.com

1810 E I-30, Rockwall, TX 75087 972.771.9919

GM: Tim Clement

Tuesday, 6:00 p.m. / Thursday, 2:00 p.m.

$AVE : $200

IAA DALLAS*

www.iaai.com

204 Mars Rd., Wilmer, TX 75172

972.525.6401

GM: Terrie Smith

Wednesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA DFW*

www.iaai.com

4226 East Main St., Grand Prairie, TX 75050

972.522.5000

GM: Julissa Reyes

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA FORT WORTH NORTH*

www.iaai.com

3748 McPherson Dr., Justin, TX 76247 940.648.5541

GM: Jack Panczyk

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM DALLAS**

www.manheim.com

5333 W. Kiest Blvd., Dallas, TX 75236

214.330.1800

GM: Rich Curtis

Tuesday 9:30am / Wednesday, 9:00 a.m.

$AVE : $100

MANHEIM DALLAS FORT WORTH**

www.manheim.com

12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000

GM: Glenna Bishop

Thursday, 9:30 a.m.

$AVE : $100

METRO AUTO AUCTION DALLAS**

www.metroaa.com

1836 Midway Road, Lewisville, TX 75056 972.492.0900

GM: Scott Stalder

Tuesday, 9:30 a.m.

$AVE : $200

El Paso

AMERICA’S AUTO AUCTION EL PASO

www.aaaelpaso.com

7930 Artcraft Rd., El Paso, TX 79932 915.587.6700

GM: Judith Ayub

Wednesday, 9:30 a.m. MST

$AVE : $200

IAA EL PASO*

www.iaai.com

14651 Gateway Blvd. W, El Paso, TX 79927 915.852.2489

GM: Hector Escobar

Wednesday, 9:30 a.m. MST

$AVE : up to $200 Sell Fee

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**

MANHEIM EL PASO**

www.manheim.com

485 Coates Drive, El Paso, TX 79932

915.833.9333

GM: JD Guerrero

Thursday, 10:00 a.m. MST

$AVE : $100

Harlingen/McAllen

IAA M c ALLEN*

www.iaai.com

900 N. Hutto Road, Donna, TX 78537 956.464.8393

GM: Ydalia Sandoval

Tuesday, 9:30 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

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

GM: Keyvan Nayeri

Wednesday, 9:30 a.m.

$AVE : $200

AMERICA’S AA HOUSTON**

www.americasaa.com

1826 Almeda Genoa Rd., Houston, TX 77047

281.819.3600

GM: Kyle Drake

Thursday, 2:00 p.m.

$AVE : $200

AMERICA’S AA NORTH HOUSTON**

www.americasaa.com

1440 FM 3083, Conroe, TX 77301 936.441.2882

GM: Buddy Cheney

Tuesday, 1:00 p.m.

$AVE : $200

AUTONATION AUTO AUCTION - HOUSTON**

www.autonationautoauction.com

608 W. Mitchell Road, Houston, TX 77037 855.905.2622

GM: Juan Gallo

Friday, 9:15 a.m.

$AVE : $200

HOUSTON AUTO AUCTION**

www.houstonautoauction.com

2000 Cavalcade, Houston, TX 77009

713.644.5566

GM: Rich Levene

Tuesday, 12:00 p.m.

$AVE : $200

IAA HOUSTON*

www.iaai.com

2535 West. Mt. Houston, Houston, TX 77038 281.847.4700

GM: Alvin Banks

Wednesday, 9:30 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

GM: Aracelia Palacios

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

IAA HOUSTON SOUTH*

www.iaai.com

2839 E. FM 1462, Rosharon, TX 77583

281.369.1010

GM: Roxy Castillo

Friday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM HOUSTON**

www.manheim.com

14450 West Road, Houston, TX 77041 281.890.4300

GM: Nick Hanson

Tuesday, 9:30 a.m.

$AVE : $100

MANHEIM TEXAS HOBBY**

www.manheim.com

8215 Kopman Road, Houston, TX 77061 713.649.8233

GM: Darren Slack

Thursday, 9:00 a.m.

$AVE : $100

Longview

ALLIANCE AUTO AUCTION LONGVIEW**

www.allianceautoauction.com

6000 SE Loop 281, Longview, TX 75602 903.212.2955

GM: Billy Fitzgerald

Friday, 9:30 a.m.

$AVE : $200

IAA LONGVIEW*

www.iaai.com

5577 Highway 80 East, Longview, TX 75605 903.553.9248

GM: Ulysses Else

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Lubbock

AMERICAS AA LONE STAR LUBBOCK**

www.americasaa.com

2706 E. Slaton Road., Lubbock, TX 79404 806.745.6606

GM: Dale Martin

Wednesday, 9:00 a.m

$AVE : $75/Quarterly

IAA LUBBOCK*

www.iaai.com

5311 N. CR 2000, Lubbock, TX 79415 806.747.5458

GM: Chris Foster

Tuesday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Lufkin

LUFKIN DEALERS AUTO AUCTION

www.lufkindealers.com

2109 N. John Reddit Dr., Lufkin, TX 75904 936.632.4299

GM: Wayne Cook

Thursday, 5:30 p.m.

$AVE : $200

Midland Odessa

IAA PERMIAN BASIN*

www.iaai.com

701 W. 81st Street, Odessa, TX 79764 432.550.7277

GM: Sheila Gray

Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

San Antonio

ADESA SAN ANTONIO**

www.adesa.com

200 S. Callaghan Rd., San Antonio, TX 78227

210.434.4999

GM: Clifton Sprenger

Thursday, 9:00 a.m.

$AVE : $200

IAA SAN ANTONIO*

www.iaai.com

11275 S. Zarzamora, San Antonio, TX 78224 210.628.6770

GM: Paula Booker

Monday, 9:30 a.m.

$AVE : up to $200 Sell Fee

MANHEIM SAN ANTONIO**

www.manheim.com

2042 Ackerman Road, San Antonio, TX 78219 210.661.4200

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, 9:00 a.m

$AVE : $200

Tyler

GREATER TYLER AUTO AUCTION**

www.greatertyleraa.com

11654 Hwy 64W, Tyler, TX 75704 903.597.2800

GM: Daylon Waynick

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

GM: Christina Thomas

Friday, 9:45 a.m.

$AVE : $200

Wichita Falls

DAX of WICHITA FALLS**

www.daxofwichitafalls.com

2206 Sheppard Access Rd., Wichita Falls, TX 76306 940.720.0435

GM: Lisa Shelton

Every Other Wednesday, 5:00 p.m.

$AVE : $200

March 2024 Texas Dealer 11
1836 Midway Rd. Lewisville, TX 75056 972-492-0900 ask for Sales MetroAA.com Climate Controlled Auction Lanes Live In Lane and Online Sales every Tuesday & Friday 8 Lanes of Fresh & Clean Frontline Ready Units Every Tuesday at 9:30 AM 7 Lanes of Dealer Trade Units every Friday at 10:00 AM 75+ New Car Stores Selling Weekly Frontline and Dealer Trade Units from Affiliated Dealerships of Berkshire Hathaway Automotive Travel Reimbursement Full Service Transportation CONNECT WITH US! PROUD SPONSOR Texas Dealer March 2024 12

Bankruptcy Planning Traps Car Creditors

The recent increase in the number of personal bankruptcies being filed, which shows no sign of abating soon, has threatened many buy-here-pay-here dealers and other car creditors with substantial losses. Over 434,000 non-business bankruptcies were filed in 2023, up from 374,000 in 2022. New cases coming into our office from our car-creditor clients are ratcheting up.

Many Chapter 13 filings in the past have occurred at least several months into an installment contract, usually when a debtor lost his or her job, or when home foreclosure was threatened, or some other significant change in the debtor’s circumstances occurred. What has been particularly alarming for car creditors lately has been a significant jump in the number of debtors who are filing Chapter 13 within days of purchasing a vehicle. It’s obvious that no significant change in the debtor’s circumstances has taken place between the time of signing the contract and the filing of the bankruptcy petition.

It’s also obvious that some of these debtors are performing some type of “bankruptcy planning” to ease the pain of having to go through the bankruptcy process. The message here seems to be: buy the best, most expensive car you can get on credit before you file. We have actually handled bankruptcy cases where the schedules filed by the debtor showed that a down payment for legal fees was paid to the bankruptcy attorney days before the vehicle was purchased.

There is no limitation on the re-filing of a Chapter 13 . We see a large number of repeat bankruptcies by the same individuals. Many dealers who sold to a Chapter 13 debtor believing that they were immune to a subsequent filing have been unpleasantly surprised to find themselves in the same shoes as the victims of the prior filing.

One BHPH dealer tells the story of a customer who seemed intent on buying a car with a price beyond his means. When the dealer suggested that the customer should buy a lower-priced car so that his payments wouldn’t bust his budget, the customer volunteered that it didn’t matter. “My bankruptcy attorney told me that I wouldn’t have to make the payments anyway,” he said with a straight face.

What can a dealer or finance company do to prevent being victimized by bankruptcy planning? One thing you can’t do is have the buyer contractually agree not

to file bankruptcy. I have seen contract addendum forms that attempt to do just that. Unfortunately, bankruptcy law specifically makes such attempts to avoid bankruptcy void and unenforceable. But while there is no legal way to contractually prohibit a debtor from filing bankruptcy, or including the car creditor in the proceedings, there are some steps that can be taken to minimize the exposure to major losses to bankruptcy.

First, a seller should understand what is at stake when doing business with people who are currently in or have previously been in a Chapter 13 bankruptcy. Do not fall for the myth that someone currently in bankruptcy is a good credit risk because unsecured debts have been or will be discharged. There is no

legal corner
March 2024 Texas Dealer 13

limitation on the re-filing of a Chapter 13. We see a large number of repeat bankruptcies by the same individuals. Many dealers who sold to a Chapter 13 debtor believing that they were immune to a subsequent filing have been unpleasantly surprised to find themselves in the same shoes as the victims of the prior filing. Many times, the first filing simply serves the purpose of instructing the debtor how easy it is to buy things without having to pay for them.

Second, creditors should resist the urge to oversell. A prospective buyer who doesn’t have the net income to make the car payment after paying all other bills is a prime candidate for Chapter 13. How do you know what the debtor owes? You ask. Amazingly enough, many car creditors still use credit applications that only inquire of “credit references.” The creditors either don’t care about the other debts or have eluded themselves into thinking that the debtor will favor them with payments while making someone else wait.

Being dragged into a consumer bankruptcy is bad enough for car creditors under normal circumstances. But providing expensive transportation for a debtor who has little or no intention of paying for the vehicle is especially aggravating. The time required to screen credit applicants for potential bankruptcy planning seems like a small price to pay.
Texas Dealer March 2024 14

The answer, of course, is to require a listing of all debts, all creditors, and all payment amounts, on the credit application or a perusal of applicants’ credit reports. Then, if more payments are required than income available, the applicant can be turned down or sold a cheaper car. If the applicant doesn’t list all debts, and subsequently files bankruptcy, a claim of fraud or bad faith can be made by the creditor in an attempt to get the bankruptcy stay lifted and the collateral returned.

Third, prospective debtors should be asked their intentions with regard to bankruptcy. While a negative answer to a question on the credit application about the applicant’s intention to file bankruptcy is not binding, it could scare off the debtor who is on a list-minute shopping spree before filing. In addition to the standard questions found on credit applications about whether the debtor is in bankruptcy and whether the debtor has filed bankruptcy in the past, we think it advisable to ask whether the debtor intends to file bankruptcy and whether the debtor has consulted with an attorney about filing bankruptcy. We’ve been told by some dealers that they have had customers get up and walk out when they came to the specific bankruptcy-planning questions on a credit application.

When we received a new bankruptcy case recently from a carcreditor client on a recent sale, we looked at the credit app to determine how the debtor had responded to the questions concerning plans to file bankruptcy. We found that the applicant had simply left the questions blank and the dealer had overlooked the suspicious silence, going forward with a deal that he came to regret.

Finally, we believe that actively responding to the filing and participating in the bankruptcy

process is good business. Those dealers who are known for loose underwriting and for not paying attention to credit application forms may find themselves the target of pre-bankruptcy planning.

Sadly, however, many car creditors simply accept the losses faced in a Chapter 13, or wrongly rely on the system to protect their interests. Either of these options is a mistake.

The truth is that the Chapter 13 system is debtor driven. The debtor’s attorney prepares the repayment plan in a way that is most advantageous to the debtor. The interest rate offered in most plans is extremely low, and the term of pay-out is typically the 60-month maximum, reducing monthly payments far below the rate of depreciation. Also, all but a few dollars of car payment money is usually deferred in the plan for several months while the debtor’s attorney is paid. Unless a creditor files a challenge, the proposed plan is often accepted by the bankruptcy court as offered.

Being dragged into a consumer bankruptcy is bad enough for car creditors under normal circumstances. But providing expensive transportation for a debtor who has little or no intention of paying for the vehicle is especially aggravating. The time required to screen credit applicants for potential bankruptcy planning seems like a small price to pay.

All dealers rely heavily on referrals for success. Make sure the referral source isn’t a bankruptcy attorney.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 45 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

Upcoming Events 2024

TIADA DEALER ACADEMY

For online registration and information, see www.txiada.org

May

6 Collect the Cash, Not the Car

San Antonio, TX

OTHER TIADA EVENTS

March

7 Townhall

Donna, TX

April

29 Board of Directors Meeting

Austin, TX

30 Townhall

Austin, TX

July

21 Board of Directors Meeting

JW Marriott Hill Country Resort

San Antonio, TX

21-23 TIADA Conference and Expo

JW Marriott Hill Country Resort

San Antonio, TX

March 2024 Texas Dealer 15

Join the list of those who have already contributed for 2024.

Please fill out the form on the next page to help our efforts out at the Capitol!

Contributors as of March 1, 2024

Edenfield, Robert Goodman, Jason Gregory, Tommy Hagler, Keith & Marcia Hale, Eddie Hanson, April Jones, Mark Moore, Russell Rodriguez, Edgar Rogers, Lowell Simmons, Tyler Winkelmann, Ryan Zak, Gregory Monthly Donors

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BestMovie
The
and
Bandit
#1 Smokey
the
#16 On the Road #2 Taxi Driver #15 Death Proof #3 Bullitt #14 Le Mans #4 Mad Max: Fury Road #13 Vanishing Point #5 Rush #12 Senna #6 Drive #11 Grand Prix #7 The French Connection
Texas Dealer March 2024 18
#10 Duel #8 Thelma and Louise #9 Christine

SHOW TO ENTER

elect the movie you think is the best-ever film about cars and driving in each matchup. The option chosen by most members in each matchup will advance. Two points will be awarded for each correct pick in round one, four points in round two, six points for the next round, and eight points if you select the winner. Complete your bracket and email it to info@txiada.org by March 22nd . We will announce the winner on April 4th in the industry email and in the April issue of Texas Dealer

THE CONTENDERS

(films are ranked from 1-16 from highest grossing to lowest grossing, adjusted for inflation)

#1 Smokey and the Bandit (1976, $461 million):

A freewheeling trucker races against time and cops to deliver beer across state lines, pursued by his ex-partner and a determined sheriff.

#16 On the Road (2012, $15 million):

A group of restless young souls embark on a spontaneous road trip across America in the 1950s, searching for freedom and meaning in a beatnik-fueled adventure.

#2 Taxi Driver (1976, $286 million):

A Vietnam veteran, fueled by insomnia and alienation, descends into violent fantasies while navigating the gritty streets of New York City.

#15 Death Proof (2007, $25 million):

A stuntman with a twisted obsession targets women with his car, but a group of friends fight back in a bloody showdown.

#3 Bullitt (1968, $149 million):

A steely San Francisco detective navigates a high-stakes chase to protect a key witness while facing threats from both sides of the law.

#14 Le Mans (1971, $32 million):

A driver haunted by past tragedy seeks redemption by competing in the grueling 24 Hours of Le Mans race, confronting physical and emotional challenges.

#4 Mad Max: Fury Road (2015, $139 million): In a post-apocalyptic wasteland, a woman and a drifter join forces to escape a tyrannical leader, embarking on a fiery high-speed chase for freedom.

#13 Vanishing Point (1971, $34 million):

A driver races against time and the police in a white Dodge Challenger, pushing his car and himself to the limit on a cross-country journey.

#5 Rush (2013, $94 million):

The real-life rivalry between two driven Formula One drivers unfolds on and off the track, pushing both men to their limits in a relentless pursuit of victory.

#12 Senna (2010, $43 million):

A documentary charting the meteoric rise and tragic fall of Brazilian Formula One legend Ayrton Senna, capturing his passion, talent, and enduring legacy.

#6 Drive (2011, $86 million):

A Hollywood stuntman moonlights as a getaway driver, but his loyalty is tested when he falls for a woman and becomes entangled in a dangerous heist.

#11 Grand Prix (1966, $44 million):

The lives and ambitions of several Formula One drivers intertwine as they compete in the prestigious 1966 World Championship.

#7 The French Connection (1971, $81 million): A relentless New York detective digs deep into a major heroin smuggling operation, facing corruption and violence in his pursuit of justice.

#10 Duel (1971, $47 million):

A terrified man on a lonely highway is relentlessly pursued by a menacing tanker truck driver, leading to a desperate struggle for survival.

#8 Thelma and Louise (1991, $80 million):

Two women on a road trip find themselves on the run from the law, forging an unlikely bond as they confront societal expectations and fight for their survival.

#9 Christine (1983, $55 million):

A geeky teen’s life transforms when he buys a possessed 1958 Plymouth Fury, but the car’s dark desires soon turn deadly.

19 March 2024 Texas Dealer
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

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We have put together a very strong course outline that includes a wide array of role playing , classroom learning and interactive activities that will allow your collection team to soak up the information and come back to your dealership ready to collect the cash and not the car

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ROAD TO CONFERENCE

Have a cup of coffee on us.

Actually, have 4 cups. Recruit a new member and we will send you a $10 gift card — and we’ll do that for the first 4 members you recruit.

Receive top-notch education.

Recruit 5 new members by June 30th and you will receive one free registration to the 2024 TIADA Conference & Expo.

Relax with the family and turn work into pleasure.

Recruit 10 new members by June 30th and you will also receive your hotel room for free (up to two nights) at the JW Marriott Hill Country Resort in San Antonio during the TIADA conference.

Travel to Vegas, Orlando or somewhere else!

Recruit 20 members and you will receive an all-expense trip for you and a guest to attend 2025 NIADA Convention & Expo.

Contact TIADA for details. 512.244.6060
TIADA et x a s independent automobile d e a l sre asso c i ation * This promotion is only valid for active dealer members. Recruitment Challenge *
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Name: Select one: q Dealer Member q Associate Member Contact Person: Address: City: State: Zip: County: E-mail address: Business Phone: Fax: Cell Phone: Dealer P Number:
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Address (if different from above): City: State: Zip: PLEASE INDICATE PAYMENT METHOD: q Check or Money Order (payable to TIADA) Check# q Credit Card Card Number: Sec. Code: Expiration Date: q via Bank Draft (Authorization Agreement Required – email accounting@txiada.org to get set up) q Monthly Payment via Credit Card (Dealer Members Only; Please enter card information above) - $42.83 per month Mail or Fax Application To: TIADA Membership Services, 9951 Anderson Mill Rd., Suite 101, Austin, TX 78750 FAX 512.244.6218 www.txiada.org 512.244.6060 Dues are not deductible as charitable contributions for income tax purposes but may be deductible as miscellaneous itemized deductions, subject to IRS restrictions. It is estimated that 20 percent of your dues dollars is used for lobbying activities and therefore not deductible. Membership Dues: $499 Dues include NIADA and local chapter membership where applicable Texas Dealer March 2024 30
Business
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regulation matters

The Red Flags Rule

Recently, staff at TIADA have been working on revising TIADA’s Safeguards Course to include information about the Red Flags Rule. This course will soon be available, and for more information on the Safeguards requirements, please see page 21. The Red Flags Rule requires most dealers to implement a written identity theft prevention program designed to detect the “red flags” of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate its damage. The bottom line is that a program can help businesses spot suspicious patterns and prevent the costly consequences of identity theft.

According to the FTC, “An estimated nine million Americans have their identities stolen each year. Identity thieves may drain accounts, damage credit, and even put medical treatment at risk. The cost to business — left with unpaid bills racked up by scam artists — can be staggering, too.”

Let’s go through some of the more common red flags you may come across and ways that you may deal with them. There are several areas that you may spot a red flag in. One area is alerts, notifications, and warnings from a credit reporting company. Changes in a credit report or a consumer’s credit activity might signal identity theft. Pay special attention to reports that show:

A fraud or active-duty alert on a credit report . Keep in mind these alerts are tools that consumers opt-in to as they feel it is important to put creditors on notice because the customer believes extra steps in verifying their identity would be beneficial to them. One reason people often opt in is because they have experienced identity theft in the past. With this in mind, take additional steps to verify it is the correct person. Some things to always consider doing are verifying the alert with the customer, asking for additional identification, and asking the consumer questions about their prior credit history based on the credit report. If a phone number is listed, call that number.

A notice of credit freeze in response to a request for a credit report. If you receive this notice, the customer can unfreeze their credit report temporarily, and you should rerun the credit report

According to the FTC, “An estimated nine million Americans have their identities stolen each year. Identity thieves may drain accounts, damage credit, and even put medical treatment at risk. The cost to business — left with unpaid bills racked up by scam artists — can be staggering, too.”

after they unfreeze their credit report. Afterward, evaluate the application validity based on information found in the credit report. Also, if you are applying for credit on behalf of the consumer, you should request the consumer leave it unfrozen for a given period of time so your lenders will also have a chance to review and pull a credit report.

A notice of address discrepancy provided by a credit reporting company. The best course of action is to confirm the correct residential address and obtain clarifications for other reported addresses. You can also check the address provided

March 2024 Texas Dealer 31

with an online search to ensure it is a residential address.

A credit report indicating a pattern inconsistent with the person’s history.

For example, an increase in the volume of inquiries or the use of credit, especially on new accounts; an unusual number of recently established credit relationships; or an account that was closed because of an abuse of account privileges. In this instance, you should verify the activity with the customer and ask questions based on the credit report.

COMMON RED FLAGS — SUSPICIOUS DOCUMENTS

Another area that can offer hints of identity theft is documents provided in relation to the loan. Here are some common identifiers of altered or forged identification and related documents, such as paystubs.

Multiple fonts are used in the same document . This is a red flag because it can indicate that the document has been tampered with. For example, if the name of the applicant is in a different font than the rest of the document, it could be a sign that the applicant has changed their name in order to commit identity theft.

Numbers that do not add up or are rounded . When checking numbers of paystubs, one place to check is withholdings. This is a red flag because it can indicate that the information on the document is false or fabricated. For example, if the paystub shows that the applicant earned $1,000 but the withholdings are only $50, this could be a sign that the paystub is fake. Social Security taxes employees at 6.2 percent up to the earnings subject to the taxation; therefore, a paystub with taxes of a different amount is a red flag.

The person presenting the identification doesn’t look like the photo or match the physical description. Remember to look at the identification issue date and take that into

consideration when comparing to the person. This is a red flag because it could be a sign of identity theft. For example, if the applicant’s ID has a different name or date of birth than the applicant, or if the applicant looks significantly different from the photo on their ID, this could be a sign that the applicant is using someone else’s identity.

An application looks like it’s been altered , forged, or torn up and reassembled. This is a red flag because it is a clear indication that the document is fraudulent. For example, if the application has obvious signs of cutting and pasting, or if the ink looks smudged, this could indicate that the document has been tampered with.

As an independent automobile dealer, you understand the importance of trust and reliability. But with the growing threat of identity theft, protecting your business and your customers’ financial security is more crucial than ever. This article has highlighted some common red flags to watch for, both in documents and customer behavior. While vigilance is essential, staying informed and equipped with the right tools is necessary to keep your business protected and compliant.

Texas Dealer March 2024 32
A u t o De a l e r S o l u t i o n s

Featured Courses

TIADA designed and implemented some important on-demand courses to give dealers quality educational programs they can access throughout the year. These programs are essential for dealers to stay compliant. They offer flexibility, so you can complete them according to your schedule. These courses are designed for any dealers with questions related to various regulations that affect their businesses.

Repossession 101: What You Need to Know

In this two-part video course TIADA counsel Michael Dunagan answers repossession related questions for both the dealer starting out and those dealers who want a refresher. Dunagan goes through the basics of self-help repossession, repossession when a client has filed bankruptcy, and using the courts to regain collateral through sequestration. The course also covers all the repossession letters and includes a downloadable deck of slides to follow along with the course.

$ 98 for two 1-hour videos

The Basics of Transferring Titles *

Want to avoid having your title transfer paperwork rejected at the tax office? This online course is designed to walk you through the title transfer process and is best suited for people new to transferring titles or those who want to brush up on the basics. This course has been reviewed for accuracy by the Tax Assessor-Collectors Association of Texas.

$ 48 for the course * Also available in Spanish

On-Demand Offerings Texas Independent Automobile Dealers Association
To register visit Txiada.org/on-demand Call us at 512.244.6060 or email us if you need assistance.

Dealership

Customer Service: The Secret to Repeat Customers

No matter what business you’re in, customer retention is vital and challenging. This is particularly the case when it comes to car dealerships. After all, purchasing a car is not a weekly necessity like buying groceries. However, providing excellent service can lead to loyal customers returning to you for servicing, repairs, and future car purchases. They may even recommend you to friends and family.

If you feel like you’re constantly attracting one-time customers, you’re not alone. In a sea of competition, how can you stand out, develop long-lasting relationships, and boost customer retention?

This article will explore how to turn one-time car buyers into lifetime customers.

Dealership Customer Service: Why It’s So Important

Any business owner will tell you that customer service is crucial, but it takes on a new level of

importance when you’re in a customer-facing industry like car sales. Your dealership needs to provide an outstanding customer experience if you want to stand out from the crowd and build loyalty among your clientele.

Why should prospective customers buy from you instead of another local dealership? Showcasing fantastic service to everyone who steps onto your premises will improve:

ONLINE REVIEWS

Online reviews are more important than ever in today’s digital age.

According to a poll (from Wards Auto) of 2,046 vehicle purchase customers and 2,784 service customers ages 25 to 54, 67% (a record number up from 46% the previous year) claim they select a dealer for service based solely on online searches and reviews. 87% percent of service customers said online review sites helped in their dealer selection.

Treating every customer with respect and providing

feature
March 2024 Texas Dealer 35

top-notch service can encourage positive reviews and reduce negative ones.

WORD OF MOUTH

Online reviews are indeed important to earning new business across industries. However, the automotive industry has a factor much more substantial than online reviews: word of mouth. 52% of car shoppers say recommendations from family and friends most significantly impacted their final choices, according to a survey conducted by Autolist. com.

So while online reviews still play a role, over half of car shoppers put more weight on what their friends and family think and say about their own experiences.

CUSTOMER LOYALTY

Satisfied customers are more likely to become repeat buyers, so providing the best service is essential.

Securing a new customer costs roughly five times more than selling to an existing one, according to Outbound Engine.

Rather than focus extensively on earning new business, dealerships must prioritize customer retention and loyalty. Satisfied customers are more likely to leave a positive review, refer your dealership to friends and family, and bring their car back for servicing and repairs.

INCREASED SALES

1.EMPOWER CUSTOMERS WITH KNOWLEDGE

Consumers want to do their own research and due diligence when making large purchase decisions.

Car shoppers spend an average of seven hours and 14 minutes researching online before heading into a dealership, according to Kelly Blue Book. And though, according to the most recent Cox Automotive Car Buyer Financing Journey Study, only 29% of car buyers applied for financing online for their most recent vehicle purchase, 96% of those surveyed are willing to do so.

Dealerships that leverage these insights to provide shoppers with the information they’re looking for online will help attract new customers to the store.

Creating valuable educational content that answers common questions customers may have during the research phase and using dealership marketing and pricing software to dynamically update website specials and digital ads based on current and incoming inventory — so buyers always have access to your dealership’s hottest deals online — can help establish trust early on.

This is one automotive marketing trend that boosts traffic and improves the customer experience.

Ultimately, everything we just covered is about one thing: increasing sales and revenue. You can improve your customer retention rate and boost revenue by providing a positive customer experience and encouraging positive online reviews and word-of-mouth recommendations.

How to Delight Dealership

Customers: 5 Tips

How do you give your customers the best car dealership customer service and experience possible?

2 . ALLOW CUSTOMERS TO GIVE FEEDBACK

Reviews can impact dealerships both positively and negatively. However, the feedback provided within reviews is invaluable. It will help you learn where your sales process strengths and weaknesses are. You can then harness this knowledge to make necessary changes and maintain a successful sales process.

To benefit further, try asking directly for customer feedback. Online reviews tend to reflect the extreme ends of the customer satisfaction spectrum — but what about everyone else? It’s vital to discover what all customers have to say so you have a clearer

Texas Dealer March 2024 36

picture of your overall service.

You might want to consider offering incentives to encourage customer participation, such as discounts or free merchandise.

3 . OFFER SUPERIOR AMENITIES

To truly stand out from the crowd, you need to offer an inviting, interactive experience. From online service appointment scheduling to VR car showrooms and beyond, car dealerships today are finding innovative ways to engage customers at every stage of the journey.

Superior amenities are not simply about creating an enjoyable experience, however. As well as giving visitors a taste of what they can expect if they choose to do business with you, cutting-edge technologies can build goodwill, reinforce an esteemable brand identity associated with the highest quality and excellence, and help you provide a smoother sales and service process.

4 . MAKE IT EASY FOR CUSTOMERS TO CONTACT YOUR DEALERSHIP

Have you ever gone into a store and been ignored by a sales team member? If so, chances are you were disappointed by the experience and unlikely to return.

The same goes for dealerships — and this applies to your customers’ online experience as well as in-person.

A responsive customer support team can make a great first impression, setting the tone for the rest of the consumer journey. For example, are your contact details easy to find online? And does a team member monitor emails or phones? If a customer is greeted by a prompt message response or a friendly voice on the phone, they’re more likely to visit you in person.

In addition, Cox Automotive’s 11th annual Car Buyer Journey Study revealed that third-party websites are still the number-one destination for vehicle shoppers as they enter the car-buying process — with Autotrader and Kelley Blue Book among the most popular.

Therefore, ensuring your dealership’s inventory appears on third-party websites not only makes it easy for customers to contact you, but also helps ensure you aren’t losing out on leads to other dealers in your area.

5 . CREATE A CUSTOMER-FIRST COMPANY CULTURE

Educating customers online, listening to their feedback, offering them great amenities, and ensuring convenience in dealership communications are all essential aspects of promoting customer loyalty — but it’s also crucial to adopt a customer-first culture within

6/22 March 2024 Texas Dealer 37

your company. Here are some ways you can encourage your team to embrace a customer-first mentality:

Deliver a Concierge-Like Experience

Find a software solution that allows you to create a concierge-like single point of contact (SPOC) for customers.

When customers interact with a single team member, they’re more likely to feel valued. In addition, with this sales method you can provide more personalized service and build up trust and rapport. A single carbuying concierge also simplifies the sales process — you can coordinate all of the different moving parts, from test drives to financing. It reduces the risk of miscommunication or conflicting information. Ultimately, this leads to higher customer satisfaction, increased sales, and client loyalty.

Eliminate Haggling

In addition to a single point of contact, offering a single price for your cars and services can be incredibly beneficial.

Traditionally, car sales involved customers haggling to get the best price. However, this method means that tough negotiators may get a better deal than more reserved customers. Haggling can also increase the time it takes to make a sale and cause frustration on both sides.

Promote a Can-Do Attitude

Any business that deals with the public will have to navigate customer complaints and questions. How you deal with those complaints and questions can make the difference between a satisfied customer who returns in the future and one who takes their business elsewhere.

As we’ve already explored, equipping staff with industry knowledge is important, but the way team members handle issues is also worth considering. Customers want solutions — but sometimes we just can’t offer the customer the answer they want.

“No” elicits a negative response — in some cases, it can lead to anger or upset. Instead, try to come up with an alternative option. The key is showcasing what you can do, even if this isn’t exactly what the customer is angling for."

The non-negotiable oneprice business model, on the other hand, allows the dealer to set the price, not the customer. It creates much-desired transparency that can give your business a competitive edge. According to a survey, 70% of customers want to see service price ranges online, according to Cox. With a one-price model, you can present your costs on your website and speed up the decision-making process.

As a result, the one-price model saves both customers and salespeople time and money, and clients are more likely to walk away happy with their purchase. In turn, this leads to a higher chance of customer loyalty and repeat business.

However, simply saying “no” or “we can’t help” does not provide a positive customer experience. “No” elicits a negative response — in some cases, it can lead to anger or upset. Instead, try to come up with an alternative option. The key is showcasing what you can do, even if this isn’t exactly what the customer is angling for.

A can-do approach explores what is possible, uses innovation and flexibility, and provides the customer with information on why the exact solution they want might not be possible. Then, show what you’ll do to work around the problem to get the job done. Even if the problem can’t be completely solved, the customer should feel like their concerns are being heard and that the dealership is doing everything possible to help them.

Value Your Customers’ Time (As Much As They Do)

Too much time spent at a dealership is the top consumer frustration when buying a car. So how can you minimize delays and show customers that you value their time?

As previously mentioned, offering upfront information can help customers know where they stand from the getgo. So doing digital retailing right by providing an online booking system and presenting price ranges online will reduce the risk of wasted time.

SaaS solutions can help make this possible. An automotive digital retailing solution allows you to integrate

Texas Dealer March 2024 38

your inventory and provide website visitors with all the financing and lease details they need to make a decision. Real-time data enables buyers to view taxes and fees, make the most of special offers, and save quotes ahead of completing a credit application — all in one place for fuss-free, straightforward decision-making.

As we all know, one of the biggest pain points when buying a car is the paperwork. By streamlining this part of the process and using automotive retail software to automate where possible, you can significantly cut the amount of time it takes to fill out financing documents and organizing lender approval. Not only does this improve the customer experience but it also allows dealerships to operate more efficiently.

With automotive point-of-sale (POS) software like Fuse Transact, you can accurately calculate financing figures, approve customers quickly with integrated online credit applications, and reduce transaction time to an hour.

Provide Employee Training and Development

Offering staff training resources and opportunities can reap a range of rewards. Firstly, your sales team must know what they’re talking about. With constant developments, advancements, and changes within the automotive industry, dealerships must keep their fingers on the pulse. After all, would you want to buy a car from somebody with outdated knowledge?

Well-informed staff can offer better quality service, answer questions confidently, and build customer trust. By having an in-depth knowledge of the vehicles and services on offer, they can also upsell or encourage additional purchases without employing pushy sales techniques or suggesting unnecessary costs.

As well as improving the customer experience, training can improve employee satisfaction. Those who feel well-trained and confident in their abilities are more likely to enjoy their jobs and stay with the company for longer.

Therefore, employee training is a wise investment for any car dealership that wants to improve its bottom line.

Improve Your Customer Relationships

Customer retention can be challenging for car dealerships. However, by taking steps to provide exceptional customer service and streamline the purchasing process, you can encourage return buyers — and integrating SaaS solutions with dealer consulting services for training can support your team in doing this.

This article first appeared on the Fuse Autotech blog. Please visit https://fuseautotech.com/blog/dealership-customerservice to read the article online and visit their website for additional insights and dealership solutions.

March 2024 Texas Dealer 39
Visit with the approved providers below to learn about the value of offering a CPO. KIRK LAURITSEN klauritsen@avp.com ROB FOX rfox@BuckeyeReinsurance.com KEVIN STOLL kevin@preferreddealersolutions.com For more info, visit Txiada.org /TiadaCPOprogram or call 512.244.6060 Maximize Your Sales Potential with the TIADA CPO Program.

feature Strategies for Subprime Market During Challenging Economic Conditions

Applies to All

Subprime borrowers don’t have the same range of options [as the average car buyer]. As a result, dealerships must develop new strategies to help these customers meet their transportation needs while remaining profitable.

It’s a challenging time to be in the car market. A host of colliding economic factors have reduced new car production, limited dealer inventory and driven the cost of new and used vehicles to record highs. At the same time, buyers are being burned by inflationary pressures as rising interest rates have increased borrowing costs.

These factors force the average car buyer to make different choices than they would under normal circumstances. Some will put off their purchases until conditions improve. Others might opt for a different model to save money. Many buyers will bite the bullet and pay more.

However, subprime borrowers don’t have the same range of options. As a result, dealerships must develop new strategies to help these customers meet their transportation needs while remaining profitable.

While not every dealership serves subprime borrowers, the new learnings buy-here, pay-here dealerships have gleaned during this volatile time may also apply to traditional dealerships as more consumers feel economic pressures.

Subprime Borrowers Are Being Hit Hard

Every automobile buyer is paying more these days.

According to Kelly Blue Book, in July, the average new car price in America was $48,334 — an increase of more than $10,000 from before the pandemic. Customers aren’t just paying more for their cars; they’re also paying more to borrow. Today, buyers

March 2024 Texas Dealer 41

with good credit could pay as much as 9% on a used car purchase, and buyers with troubled credit are paying much more.

As a BHPH dealership, we watch these market conditions impact our customers in real time. Since most of our buyers are subprime or deep subprime borrowers, they could pay as much as 20% for a car loan. Those rates make a new car purchase unrealistic at today’s high prices. This situation is unfolding across the industry as subprime borrowers fall out of the new car market.

Before the pandemic, subprime borrowers made up 14% of new car sales, while deep subprime borrowers accounted for 10%. Last year, subprime borrowers were 6% of new car sales, and deep subprime borrowers were only 2%.

Choosing a used car is also increasingly difficult for buyers on the margins. Before the pandemic, my

Subprime Borrowers Have Different Needs

These market conditions make an already difficult situation even more complicated for subprime borrowers. Typically, these customers have bankruptcies and repossessions on their credit records, which makes them a higher lending risk. Some of them also lack the financial knowledge that would help them avoid potentially disastrous borrowing decisions.

Successful lenders and dealerships in this space find ways to provide reliable cars at decent prices. That way, the borrower has a better chance of staying current on their payments on a vehicle with enough life left to outlast their loan term. But as today’s subprime borrowers are increasingly shut out of the new car market while simultaneously seeing fewer, less affordable options in the used car market, serving them well becomes even more difficult.

How Oak Motors is Responding

dealership purchased the late-model, low-mileage vehicles that came in as trade-ins at new car dealerships. This arrangement enabled us to offer our customers a good selection of reliable, low-mileage vehicles to choose from. But now, because new car inventories are limited and used car prices are high, many dealerships sell those cars themselves, leaving the BHPH customer with fewer options.

The macroeconomic conditions impacting the automotive industry are largely out of the dealers’ control. However, challenging times such as these are an opportunity for every dealership to examine their operations with an eye for improvement. Early in 2023, our dealership spent time outlining how we would approach our business differently in the new year and began implementing changes in three key areas. These steps have helped us remain successful and may help other dealerships profitably serve customers in the subprime market.

Define and Communicate Our Differentiators

Like most auto dealerships, we focus on helping our customers obtain credit and buy cars, which isn’t very remarkable on its own. However, we do so much more behind the scenes to give our customers a great buying experience and help them successfully rehabilitate their credit. Over the past year, we’ve focused on telling that story more clearly to prospective customers so they understand the benefits of working with us over our competitors.

Every dealership likely has something unique to offer subprime buyers. Defining and effectively communicating those differences to your customers will help you win more business in a competitive market.

Texas Dealer March 2024 42

Align Customer Expectations

Most BHPH buyers come to us with past credit challenges, which makes them a higher-risk group to work with. Over the years, we’ve developed processes and programs that help mitigate many of those risks.

But in the face of current market conditions, we’ve decided to focus more energy on communicating with potential customers about their responsibilities within our system and our capacity to support them along the way. We’ve found that customers who are willing to participate in the process are much more likely to become successful borrowers.

As you navigate this period of uncertainty, it may be helpful to define your ideal customer and focus on helping them rather than pursuing those who may miss the mark.

Deploy Available Resources

More Strategically

Every business has to make decisions about how it allocates limited resources. Over the last year, we’ve defined the most critical areas of our success and aligned spending to support customer service and revenue generation. This process also involves reducing expenditures in places that don’t support our core business efforts.

Those decisions can be difficult at times, but they’re imperative in the face of significant economic headwinds.

BHPH Buyers Impacted Most

It’s unclear how long current market uncertainty will last. However, subprime buyers will likely suffer more than most due to record-high costs and limited vehicle selection. In the meantime, traditional consumers could fall into risky financial territory.

Drawing from how ethical BHPH dealerships pivot their operations to serve the subprime market better may inspire traditional dealerships looking to protect vulnerable customers, whether or not they fit the subprime description. With such uncertainty, any dealer could find value in discovering new ways to support people on the margins facing significant challenges in meeting their transportation needs.

Tiger Okeley is the owner of Oak Motors, a family-operated buy-here, pay-here dealership that has been operating in central Indiana for more than 35 years. This article from Cherokee Media first appeared on AutoRemarketing. Please visit https://www.autoremarketing.com/ for more news and insights.

March 2024 Texas Dealer 43

ATTENTION STUDENTS!!!

$1,000 Marvin Norwood Scholarship

DEADLINE

May 15, 2024

{Applications and/or any required documents received after May 15, 2025 will NOT be accepted.}

Criteria and Guidelines

1. Each applicant must be entering or currently enrolled in an accredited college or a trade school. Proof of enrollment must be included with this application.

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

3. Each applicant must complete the application form.

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

5. Provide a detailed description of participation in any academic, honorary, civic or extracurricular activities in college. In addition, a detailed description of high school activities is required from college freshmen along with a college acceptance letter.

6. Compose an essay of no more than two typed, double-spaced 8 ½” x 11” pages. The essay should discuss the applicant’s relationship with their TIADA scholarship sponsor, current education goals and future aspirations as it relates to the applicant’s subject/training area.

7. Provide at least two (but no more than three) letters of recommendation, no older than one year, from college/high school faculty, employers or other appropriate sources (not related).

SCHOLARSHIP APPLICATION

Date:

Name: DOB:

Address:

City: State: Zip:

Email: (You will receive an email confirmation of receipt.)

Telephone Number:

High School Last Attended:

Address:

City: State: Zip:

Dates of Attendance: Date of Graduation:

Other High Schools Attended (Names and Addresses):

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

Parents Name(s):

TIADA Member Name (Sponsor):

TIADA Member Company Name:

TIADA Member Address:

City: State: Zip:

Sponsor Signature

Should you have any questions, please contact TIADA at 512.244.6060. Please return the completed application with all required documents to:

TIADA

Attention: Scholarship Applications

9951 Anderson Mill Rd. Suite 101, Austin, TX 78750

Texas Dealer March 2024 44

Please Welcome Our Newest TIADA Members

DEALER MEMBERS

88 Auto Warehouse

Kendall Anderson . . . . . . . . . . 3301 Acton School Rd, Unit #1, Granbury, TX 76049

Armor Auto Sales

Hardin Camp 15500 Scarlet Street, Austin, TX 78728

Auto Liquidators - Waco

Jenissa Rice 39670 Lyndon B Johnson Freeway, Dallas, TX 75237

C R U

Muhammad Anjum 13921 Richmond Ave , Houston, TX 77082

Cesar’s Auto Sales

Stephanie Martinez 2402 Culebra Rd, San Antonio, TX 78228

Esquivel Motors LLC

Santos Esquivel . . . . . . . . . . . .

JLA Auto Sales LLC

124 Pine Cove, Kyle, TX 78640

Mario Gutierrez 3408 S Freeway, Fortworth, TX 76110

MCMC dba Texas Premier Motors

Mark Jones 2217 Jacksboro Hwy, Fort Worth, TX 76114

NV Auto Texas LLC

Nikita Trofimov 448 FM 685, Pflugerville, TX 78660

Sterling Automotive

Ryan Wagner . . . . . . . . . . . . . . 3760 Golden Triangle Blvd ., Fort Worth, TX 76244

ASSOCIATE MEMBERS

Dasceq Inc

Abhishek Goel 1432 Greenway Drive Suite 800, Irving, TX 75039

ProfitLiNK Strategic Partners, Inc.

Lyle King 1617 Federal Blvd, Denver, CO 80205

resource guide

The TIADA Website: txiada.org

Members can log in with their username/password and access our Dealer Member Directory, Legislative Action Center, Compliance Consultation Service and much more. Register for all upcoming TIADA events online through the Calendar of Events, access our online membership application, find contact information for all our Local Chapters, and access many additional resources through our Knowledge Base.

License Renewal Certificate

TexasDealerEducation.com

Texas Department of Motor Vehicles 888.368.4689

txdmv.gov

Office of Consumer Credit Commissioner

800.538.1579

occc.texas.gov

Texas Comptroller

800.252.1382 comptroller.texas.gov

NIADA

817-640-3838 niada.com

REPOSSESSIONS

American Recovery Association

972.755.4755

repo.org or contact TIADA state office

FORMS

Burrell Printing 512.990.1188

burrellprinting.com

Local Chapters

CORPUS CHRISTI

G.R. Moore

The Car Shack

(dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

EL PASO

Cesar Stark

S & S Motors

Meeting – 3rd Friday (Monthly)

FORT WORTH

Jerry Smith

H J Smith Automobiles

(dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

HOUSTON

Robert Edenfield

Mi Pueblo BRP

Meeting – 2nd Tuesday (Monthly)

SAN ANTONIO

Nory Pakravan

210 Auto Credit (dates and times can be found at txiada.org/Calendar_List.asp, when scheduled)

45
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. .
.
March 2024 Texas Dealer

behind the wheel

Where

Do We Go From Here?

Where do we go from here? It is a common refrain that today is being asked by many of the salt-of-the-earth folks TIADA represents in the independent automobile industry.

Where do we go from here? Recovering from the biggest epidemic in over a century, the highest interest rates in decades, a shortage of automobiles, and now funding sources, we are all asking this question again. But this critical question refers not only to what we don’t have but also to what we are getting. You have all heard by now about the change in how the federal government is forcing us to comply with the poorly thought-out and hastily put into place regulation known as the CARS Rule. This Rule has been temporarily postponed by court action, but it is far from dead. The state government has also put into law the transition from paper buyer’s tags to metal plates, courtesy of the 88th Legislature.

As our dealers who have been watching these governmental actions know, your association is working hard to force the federal government to honestly evaluate the effectiveness against the unrealistic burdens of the CARS Rule. At the state level, TIADA was instrumental in asking, with favorable results from the far more logical State of Texas Legislature, to allow more time for the implementation, retooling, and reprogramming of the affected parties — both governmental bodies as well as the dealers — to set up and implement procedures for this large-scale change.

At this point, you are probably looking for the silver lining; luckily, it is right in front of you. It’s called TIADA, your member-owned and member-governed trade association. Coming up in July, TIADA is putting together many exceptional educational and networking events at the summer conference. We have been hard at work preparing and reformatting the industry’s best conference to cover all the topics and to have room for the expected higher number of interested dealers. It will be one of the most educational, best networking, and most timely conferences your association has ever assembled.

TIADA has presented several town hall meetings in conjunction with the Texas Department of Motor Vehicles, and together, we and our dealers have learned a lot and expressed our concerns. At the conference, we will have top representatives from TxDMV presenting the latest on the conversion from paper tags and outlining key dates and other items you will need to comply with in your operations. We will have local tax authorities discussing the changes in their operations, the Office of Consumer Credit Commissioner, and the forecast of what is expected in the coming year by industryrenowned experts specific to aspects of the automobile industry.

Please be sure to keep up with the reading and studying of the information TIADA disseminates and be sure to register early for the conference to ensure your attendance at the Conference & Expo at the beautiful JW Marriott Hill Country Resort & Spa in San Antonio.

...be sure to register early to ensure your attendance at the 2024 Conference & Expo.
Texas Dealer March 2024 46
PRSRT STD U.S. POSTAGE PAID JEFFERSON CITY, MO PERMIT NO. 210 TEXAS INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION 9951 Anderson Mill Rd., Suite 101 Austin, TX 78750 VISIT OUR TEXAS LOCATIONS Manheim Dallas, Manheim Dallas-Fort Worth, Manheim El Paso, Manheim Houston, Manheim San Antonio, Manheim Texas Hobby As the nation’s leading provider of end-to-end wholesale vehicle solutions, Manheim is here to help you be more successful with the in-lane and online tools you need. BE T TER, FASTER ©2023 Manheim, Inc. All rights reserved. Manheim M logo is a trademark of Manheim, Inc. 1238336
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