Texas Dealer May 2021

A Keynote Like No Other Q & A with 2021 Conference Keynote Speaker

Roy Spence

In this issue: – Michael W. Dunagan on Negligent Entrustment – Is Your Dealer Website Hurting Your Bottom Line?

– CFPB, The Roadmap Forward — Part Three – Money Matters

TIADA Board of Directors PRESIDENT Robert Beck/Stop N’ Drive Motors 711 N. General McMullen Dr. San Antonio, TX 78228 PRESIDENT ELECT Mark Jones/Mike Carlson Motor Company 264 Exchange Burleson, TX 76028 CHAIRMAN OF THE BOARD Juan Sabillón/Mi Tierra Auto Sales 7935 Gulf Freeway Houston, TX 77017 SECRETARY Ryan Winkelmann/BJ’s Autohaus 5005 Telephone Road Houston, TX 77087 TREASURER Eddie Hale/Neighborhood Autos 1717 US 287 Decatur, TX 76234 ICE PRESIDENT, WEST TEXAS V (REGION 1) Brad Kalivoda/Fiesta Motors 2599 74th Street Lubbock, TX 79423 ICE PRESIDENT, FORT WORTH V (REGION 2) Chad Lancaster/Chacon Autos 11800 E. Northwest Hwy Dallas, TX 75218 ICE PRESIDENT, DALLAS V (REGION 3) Greg Reine/Auto Liquidators 39670 LBJ Freeway Dallas, TX 75237 ICE PRESIDENT, HOUSTON V (REGION 4) Vicki Davis/A-OK Auto Sales 23980 FM 1314 Porter, TX 77365

Vo l u m e X X I / I s s u e 5 / M a y 2 0 21

TexasDealer contents

4 Officers’ Message

by Ryan Winkelmann, TIADA Secretary

8 TIADA Member Application 9 Membership Corner 9 Upcoming Events / L ocal Chapters 10 TIADA Auction Directory 13 Legal Corner: What Is Negligent Entrustment and When Is A Dealer Liable for Accidents Caused by His Buyer?

by Michael W. Dunagan

17 Board of Directors Meeting Minutes 19 CFPB, The Roadmap Forward (Part Three)

by Texas Dealer Staff

21 The Execution Plan

by Cory Mosley

22 On The Cover: A Keynote Like No Other

by Texas Dealer Staff

24 2021 TIADA Conference & Expo 30 Dealer Spotlight 32 Be A Leader, Not A Boss

by Tim Kintz

ICE PRESIDENT, CENTRAL TEXAS V (REGION 5) Greg Phea/Austin Rising Fast 8024 IH 35 North Austin, TX 78753

34 New Members 35 Is Your Dealer Website Hurting Your Bottom Line?

ICE PRESIDENT, SOUTH TEXAS V (REGION 6) Armando Villarreal/McAllen Auto Sales 4215 S. 23rd Street McAllen, TX 78503

39 Legislative Bulletin 42 Regulation Matters: Money Matters

ICE PRESIDENT AT LARGE V Robert Blankenship/Texas Auto Center 6809 N IH-35 Austin, TX 78744 ICE PRESIDENT AT LARGE V Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301 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

by Adam Dennis

by Earl Cooke

45 Behind the Wheel

by Jeff Martin

Did You Know? 68 million Americans listen to podcasts on a weekly basis, and this year you can be part of a Podcast recording during the TIADA Conference & Expo. Visit TiadaAnnualConference.com for more information.

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: Teresa Orkun

Magazine Ad Sales: Patty Huber, 512-310-9795

officers’ message TIADA Has Your Back with the Support of INDEPAC

I

n a perfect world, I’d get three extra sets of keys with each car I purchased for resell. I’d pay $1,000 below wholesale book, finance it in-house on a two-year term and collect every payment as scheduled on the contract. My customers would enthusiastically greet me and my staff every time we crossed paths, and they would give me an unsolicited A+ review online as a way to say Thank You for all we do!

Well, that’s a not so common occurrence in our industry. As dealers, we have a choice each and every day as to how we approach our path in business ownership, customer and employee relations. Each day comes with its own set of challenges and tests our perseverance in a multitude of imperfect world scenarios. I’ve recently pretended to take myself out of the driver seat of my business as the owner of my company and started referring to my company as my imaginary new boss.

I’m simply not allowed to make a decision that could negatively affect my boss/business in any way, because I could become unemployed as a result of not adhering to the absolute best interest of my company’s expectations of me. This has created some fictional oversight

by Ryan

Winkelmann

BJ’s Autohaus (Houston) TIADA SECRETARY

I’ve needed from time to time when making tough decisions that come with heavier risk.

This same level of discretion happens daily at TIADA, who is shielding your business from horrible legislation each and every year. As I’ve written in previous articles, a very small percentage of our membership has joined our efforts to defeat legislation that would have cost your dealership thousands of dollars each year.

Most recently, legislators introduced the “Crusher Bill” that would have allowed auto dismantlers to accept vehicles without a title that are 12 years old or older, and haven’t been subject to a lien in the last 4 years. Essentially, as long as the vehicle wasn’t sold in the last 4 years, and it’s 12 years old or older then they could pay our customer the scrap metal value and crush it without having a title in hand. Even if you sold a vehicle 4 years ago, that doesn’t mean that the person driving the vehicle has paid off the vehicle. There are times that we are looking for, or at least have a secured interest in a vehicle we financed, way past 3–4 years after we sold it or recorded the actual lien.

The average age of a vehicle on the streets today is 11.5 years old, which is actually increasing as vehicles become more expensive.

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Officers’ Message (cont’d from pg. 4)

Two years ago, I asked a legislator what he thought a 12-year-old Ford F250 with average mileage was worth. His answer, “I don’t know, about $1,500?” He looked like he had just lost a bet forfeiting his kid’s college tuition when I told him it was actually $16,000 retail.

The average age of a vehicle on the streets today is 11.5 years

old, which is actually increasing as vehicles become more expensive. The average age on the street is getting older, not newer.

Experian shows that liens just 2 years ago were around 3–4 years old, and currently we are seeing more liens that are 4–5 years old.

After many discussions with fellow dealers, I’m thinking this is a direct result of us needing to

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extend the length of the notes due to the ever-increasing cost of vehicles. It shouldn’t actually take a car dealer long to to understand how devastating a bill like this could be to us.

I know there are many dealers reading this that sell 8-yearold vehicles and older for 4–5 year contracts. Each and every one of those deals would be subject to the “Crusher Bill” on the fourth year of their contract. So, in other words, on the vehicle’s 12th year, and assuming you recorded a lien on the vehicle just 4 years prior, a customer could take your vehicle to a crusher without the need of having the title and you’re never going to see it again. I’ve lost a few vehicles to scrap yards illegally in the past several years.

It doesn’t make me feel any better to think I could lose them legally just because some law makers have decided 12-yearold vehicles have no value.

I’m asking that you consider helping us with our continued efforts through our political action committee, INDEPAC. Your generous donations gain us a seat at the table to inform our friends in the Texas House and Senate what really happens in the trenches of our industry.

Our communications aid them in making more informed decisions when considering legislation that could be harmful to us.

I’m looking forward to seeing and meeting many of our members at the TIADA Conference and Expo where we can discuss the most up to date efforts of the INDEPAC committee personally. I hope you will consider a contribution to INDEPAC and join us on the front line of protecting our industry for years to come.

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WE LOOK FORWARD TO SEEING YOU AT THE 2021 TIADA CONFERENCE

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membership corner

T

his spring, the TIADA membership team has been receiving an increased number of calls from members about the legislative session, compliance, and the 2021 TIADA Conference & Expo just to name a few. A number of you have also shared with us that business has started to pick up following a lull in 2020, which is great news! This month, we decided to compile just a few of the questions members have been asking about recently. Of course, please do not hesitate to reach out to TIADA at anytime with your questions.

Q: What educational opportunity is TIADA offering next?

That would be TIADA’s Conference this summer (for more details, see pages 24-29).

HINT: If you are one of the more than 150 dealer members who joined the association in 2020 or 2021, one of your new member benefits includes special pricing for one dealer registration full conference pass to the 2021 TIADA Conference & Expo. This is a unique opportunity for new dealer members to get to know the association, network and find over 30 hours of education and an Expo to boot all in one place. If you are planning to attend, give the membership team a call to receive your new member pricing for this year’s Conference. (Due to COVID-19, this special pricing has been extended to dealers who joined in 2020.)

Q: How can I find products and services for my business?

TIADA’s online member directory is a great tool when searching for resources. Whether you’re looking for accounting, insurance, GPS services or to connect with another independent dealer, there are several ways to do so. Search for members by category or enter a keyword or phrase. Narrow your search to find services or other dealers in your area using the U.S. Radius options. The directory will produce a list of results with contact information. TIADA members can log in to access the online member directory available here: www.txiada.org/AF_MemberDirectory.asp.

Upcoming Events 2021

July 25 Board of Directors Meeting Kalahari Resorts & Conventions Round Rock, TX

July 25-27

TIADA Conference and Expo Kalahari Resorts & Conventions Round Rock, TX

Local Chapters CORPUS CHRISTI

G.R. Moore The Car Shack (dates announced at www.txiada.org)

EL PASO

Cesar Stark S & S Motors Meeting – 3rd Friday (Monthly)

Q: I used to receive industry email updates from TIADA, but I haven’t

FORT WORTH

TIADA sends its industry email on the first and third Thursday of every month. Updating your member profile helps to ensure your team receives critical industry news impacting your business, including the latest legislative updates. If you have not been receiving TIADA email communications recently to your inbox, this is a good time to log in to your membership account and make sure your info is current. Once logged in, you can update your contact details, revamp your business description for the online member directory and even add members to your team. Log in to get started: www.txiada.org/login.asp.

HOUSTON

received them recently. What should I do?

Stay Connected: @TXIADA May 2021

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Have Questions?

membership@txiada.org 512.244.6060

Jerry Smith H J Smith Automobiles Meeting – 4th Thursday of Jan–May and Sep–Oct April Hanson Coast to Coast Motors Meeting – 2nd Tuesday (Monthly)

SAN ANTONIO

Jose Engler Irving Motors Corp (dates announced at www.txiada.org) 9

TIADA Auction Directory

Save thousands on buy or sell fees at these participating auctions! * VALID FOR SELL FEE ONLY AT INSURANCE AA LOCATIONS ** ONLINE AUCTION AVAILABLE

Abilene ALLIANCE AUTO AUCTION ABILENE

www.allianceautoauction.com 6657 US Highway 80 West, Abilene, TX 79605 325.698.4391, Fax 325.691.0263 GM: Brandon Denison Friday, 10:00 a.m.

$AVE : $200

C.M. COMPANY AUCTIONS, INC. www.cmauctions.com

2258 S. Treadaway, Abilene, TX 79602 325.677.3555, Fax 325.677.2209 GM: Gregory Chittum Thursday, 10:00 a.m. $AVE : $200

IAA ABILENE*

www.iaai.com 7700 US 277, Hawley, TX 79601 325.675.0699, Fax 325.675.5073 GM: Terrie Smith Thursday, 9:30 a.m.

$AVE : up to $200 Sell Fee

Amarillo IAA AMARILLO*

www.iaai.com 11150 S. FM 1541, Amarillo, TX 79118 806.622.1322, Fax 806.622.2678 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, Fax 512.873.4022 GM: Rich Levene Tuesday, 9:00 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION AUSTIN

www.iaai.com 2191 Highway 21 West, Dale, TX 78616 512.385.3126, Fax 512.385.1141 GM: Geoffrey Rabb Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

METRO AUTO AUCTION AUSTIN www.metroautoauction.com 8605 Cullen Ln., Austin, TX 78748 512.282.7900, Fax 512.282.8165 GM: Brent Rhodes 3rd Saturday, monthly

$AVE : $200

Corpus Christi CORPUS CHRISTI AUTO AUCTION

www.corpuschristiautoauction.com 2149 IH-69 Access Road, Corpus Christi, TX 78380 361.767.4100, Fax 361.767.9840 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, Fax 361.887.8880 GM: Patricia Kohlstrand Wednesday, 9:00 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, Fax 972.284.4799 GM: Allan Wilwayco Thursday, 9:30 a.m.

$AVE : $200

ALLIANCE AUTO AUCTION DALLAS

www.allianceautoauction.com 1550 CR 107, Hutto, TX 78634 737.300.6300 GM: Brad Wilson Wednesday, 9:45 a.m.

www.allianceautoauction.com 9426 Lakefield Blvd., Dallas, TX 75220 214.646.3136, Fax 469.828.8225 GM: Chris Dean Wednesday, 1:30 p.m.

AMERICA’S AA AUSTIN / SAN ANTONIO

AMERICA’S AA DALLAS

$AVE : $200

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

$AVE : $200 10

IAA AUSTIN*

$AVE : $200

www.americasautoauction.com 219 N. Loop 12, Irving, TX 75061 972.445.1044, Fax 972.591.2742 GM: Ruben Figueroa Tuesday, 1:00 p.m. / Thursday, 1:00 p.m.

$AVE : $200

IAA DALLAS*

www.iaai.com 204 Mars Rd., Wilmer, TX 75172 972.525.6401, Fax 972.525.6403 GM: Joshua Boyd Wednesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA DFW*

www.iaai.com 4226 East Main St., Grand Prairie, TX 75050 972.522.5000, Fax 972.522.5090 GM: Robert Brown Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

IAA FORT WORTH NORTH*

www.iaai.com 3748 McPherson Dr., Justin, TX 76247 940.648.5541, Fax 940.648.5543 GM: Jack Panczyk Tuesday, 9:00 a.m.

$AVE : up to $200 Sell Fee

MANHEIM DALLAS**

www.manheim.com 5333 W. Kiest Blvd., Dallas, TX 75236 214.330.1800, Fax 214.339.6347 GM: Rich Curtis Wednesday, 9:00 a.m.

$AVE : $100

MANHEIM DALLAS FORT WORTH**

www.manheim.com 12101 Trinity Blvd., Fort Worth, TX 76040 817.399.4000, Fax 817.399.4251 GM: Nicole Graham-Ponce Thursday, 9:30 a.m.

$AVE : $100

METRO AUTO AUCTION DALLAS

www.metroaa.com 1836 Midway Road, Lewisville, TX 75056 972.492.0900, Fax 972.492.0944 GM: Scott Stalder Tuesday, 9:00 a.m.

$AVE : $200

El Paso EL PASO INDEPENDENT AUTO AUCTION www.epiaa.com 7930 Artcraft Rd, El Paso, TX 79932 915.587.6700, Fax 915.587.6700 GM: Luke Pidgeon Wednesday, 10:00 a.m.

$AVE : $200

IAA EL PASO*

www.iaai.com 14651 Gateway Blvd. W, El Paso, TX 79927 915.852.2489, Fax 915.852.2235 GM: Jorge Resendez Friday, 10:30 a.m.

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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

IAA HOUSTON NORTH* www.iaai.com 16602 East Hardy Rd., Houston-North, TX 77032 281.443.1300, Fax 281.443.4433 GM: Aracelia Molina Thursday, 9:00 a.m.

$AVE : up to $200 Sell Fee

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.

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 : $200

$AVE : $100

Houston

Longview ALLIANCE AUTO AUCTION LONGVIEW

ADESA HOUSTON

www.adesa.com 4526 N. Sam Houston, Houston, TX 77086 281.580.1800, Fax 281.580.8030 GM: Angela Williams 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: John Swofford 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

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: David Cooper 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: Lori Davee 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

Midland Odessa IAA PERMIAN BASIN*

www.iaai.com 701 W. 81st Street, Odessa, TX 79764 432.550.7277, Fax 432.366.8725 GM: Christopher Rogers 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: Brian Sell 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

IAA HOUSTON*

LUFKIN DEALERS AUTO AUCTION

ALLIANCE AUTO AUCTION WACO

$AVE : up to $200 Sell Fee

$AVE : $200

$AVE : $200

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.

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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.

www.allianceautoauction.com 15735 I-35 Frontage Road Elm Mott, TX 76640 254.829.0123, Fax 254.829.1298 GM: Carmen Robinson (Sales Manager) Friday, 10:00 a.m.

11

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legal corner

What is Negligent Entrustment and When is A Dealer Liable for Accidents Caused by His Buyer?

Dealer Question: I’ve received a demand letter from an attorney who represents an individual who was injured in an accident with one of my customers. My customer did not have liability insurance and the attorney claims I have liability because: (1) I am lien holder on the title; (2) I failed to ensure that my customer had liability insurance before delivering the vehicle, and (3) I negligently entrusted a vehicle to my customer who was a bad driver. My questions: (1) What is negligent entrustment; (2) Do I have a duty to see that my buyers have liability insurance before they drive away, and (3) If they don’t have liability insurance, do I have liability for accidents they cause?

First, some background.

At one time, dealers were obligated to present proof of liability insurance for their customers at the time of title transfer. While that law was in place, dealers were constantly struggling with their customers to bring in proof that they had liability coverage, and in many cases, missed the deadline for making timely transfer.

This problem was resolved when TIADA and the Texas Automobile Dealers Association convinced the Texas Legislature to drop the proof-of-liability-at-title-transfer requirement on dealer transfers. But there are some folks out there who still think that selling dealers have the responsibility to see that their May 2021

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buyers have liability insurance, or should otherwise be responsible for the accidents the customers cause.

No one questions the goal of universal liability coverage for drivers.

All drivers should have liability insurance and the law requires it. How it should be enforced and who should bear the burden for enforcing it are other questions. Dealers should always notify their customers in writing that they are required by state law to have liability insurance.

But the reality is that there will always be people driving on the state’s roads and highways who don’t have current liability coverage. It is thus necessary to examine the law of liability and see how it applies to a motor vehicle seller and/or lien holder.

Generally, to be liable for an accident, a person must breach some duty to the injured party. For example, a driver of a vehicle has a duty to maintain control of his vehicle so that he can avoid striking a vehicle in front of him. If he causes an accident by driving too fast, by not keeping a proper watch out, by not braking soon enough, or by violating some traffic law, he has breached that duty, or put another way, has been negligent.

by Michael

Dunagan

W.

TIADA GENERAL COUNSEL

In order to be negligent in the ordinary sense, a person must be driving the vehicle.

Unless the selling dealer or one of his employees was driving the vehicle when the accident occurred, the dealer wouldn’t be negligent in breaching a duty to drive safely.

In order to be negligent in the ordinary sense, a person must be driving the vehicle. Unless the selling dealer or one of his employees was driving the vehicle when the accident occurred, the dealer wouldn’t be negligent in breaching a duty to drive safely. So, in a situation where the driver of a vehicle who causes an accident is insolvent and uninsured, an attempt is often made by the victim (and the 13

victim’s attorney) to reach beyond the driver or owner of the vehicle to, for instance, the dealer who sold the vehicle by alleging a breach of some other duty.

Negligent Entrustment

One such theory is called negligent entrustment. This type of negligence refers to the negligence of an owner in entrusting a vehicle to someone the owner knows, or should know, is an unsafe driver. Some people think — incorrectly — that the owner of

a vehicle is automatically liable for the negligence of someone else. First, mere ownership without something more is not a sufficient legal basis for liability. Second, a dealer who has sold a vehicle, even if a lien is retained, is not the owner. A seller who has completed a sale is no longer the owner, even if the title certificate hasn’t yet been transferred.

A dealer client once received a demand letter from an

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The fact of the matter is that motor vehicle sellers have no obligation with regard to the liability insurance of their buyers or for claims of negligent entrustment... attorney who happened to be the person that the dealer’s buyer had rear-ended. The buyer didn’t have liability coverage. The attorney/ victim demanded that the dealer take responsibility for the damages because the attorney/victim had been informed by an attorney for the Motor Vehicle Division that, since the dealer had not yet transferred the title, he was still the owner of the vehicle. Being the owner, the MVD attorney concluded, the dealer was liable.

In this case, both attorneys were wrong.

Under almost identical facts, the Court of Civil Appeals in San Antonio held that a selling dealer could not be liable for negligent entrustment, even though the title certificate had not yet been transferred at the time of the accident.

First, the court held, the law of Texas is that a seller cannot have liability under negligent entrustment. Next, the court addressed the non-transfer issue by concluding that ownership passed upon signing the sales contract papers, payment of the down payment, T e x a s

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and delivery of possession to the buyer. Title transfer, while important, was not the same as transfer of ownership.

The Texas Supreme Court, in the case of National Convenience Stores, Inc. v. TT Barge Cleaning Company, refused to review or change the long-established rule that a seller in Texas can’t be held liable for the acts of a buyer under the theory of negligent entrustment.

How about a seller’s potential liability under negligent entrustment for selling a vehicle to a person who has no driver’s license? It would appear that since negligent entrustment does not apply to a completed sale, it wouldn’t matter if the buyer had no driver’s license. Many years ago, a bill was filed in the Texas Legislature that would make it illegal to sell a vehicle to an unlicensed driver. The bill didn’t pass, and Texas statutes do not contain any provision that makes it a violation to sell to an unlicensed driver (but pay heed to the warnings below about allowing test drives or loaning a vehicle to an unlicensed driver).

We’ve seen several attorneydemand letters and even lawsuits that alleged that the selling dealer had a duty to make sure that the buyer had liability insurance. None of these claims has succeeded.

One of the aspects of the argument that a selling dealer has some type of obligation with regard to May 2021

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liability insurance that is most puzzling is just how far the obligation would extend. If, for instance, the dealer required that a buyer have an insurance card, and the card was good for only 30 days, would the dealer be obligated to see that the policy was renewed? What if an accident occurred on the thirty-first

...Yet dealers continue to receive demand letters in such situations and, occasionally, lawsuits. day and the insurance company denied the claim? How about an accident a year later? What if the insurance card was forged?

Dealers Are Not the Liability Insurance Police

The fact of the matter is that motor vehicle sellers have no obligation with regard to the liability insurance of their buyers or for claims of negligent entrustment. Yet dealers continue to receive demand letters in such situations and, occasionally, lawsuits.

If such a letter is received, however, it should not be ignored. The dealer should contact his or her attorney and also notify the garageliability carrier about the claim.

One warning about relying on the defense of a completed sale: this defense would not be available if the sale is incomplete. In one court case a dealer “sold” a vehicle to an employee, but failed to have all the paperwork signed. The dealer was found liable under the theory of negligent entrustment when the employee caused a wreck without liability insurance, even though the accident occurred on the employee’s personal time.

Another word of warning: This rule does not apply to test drives or loaners. A seller could be held liable under a negligent entrustment claim if there has not been a completed sale. Thus, it is risky to allow a potential customer to test drive a vehicle without (1) a current driver’s license and (2) a valid liability insurance policy. The law carries a presumption that an unlicensed driver is an unsafe driver. It would be an easy step to establish that a dealer negligently entrusted a vehicle to an unlicensed (and thus, unsafe) driver in a demonstrationdrive situation.

With regard to liability insurance coverage, dealers should make sure that customers test driving vehicles are covered by the dealer’s garage liability policy or, alternatively, that the test driver has his or her own liability insurance. The same standard would apply to supplying loaners to customers.

Michael W. Dunagan is an attorney in Dallas, Texas who has represented the Texas Independent Automobile Dealers Association for over 40 years. He has written a number of books and hundreds of articles for trade journals and law reviews. His clientele includes dealers, banks, finance companies, auto auctions and credit unions.

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board of directors meeting minutes April 19, 2021 Kalahari Resorts | Round Rock, TX

compiled by Texas Dealer staff

Board Members in Attendance:

Robert Beck, Mark Jones, Robert Blankenship, Brad Kalivoda, Juan Sabillón, Chad Lancaster, Greg Phea, Ryan Winkelmann, Vicki Davis, Armando Villarreal, Russell Moore, and Greg Reine.

TIADA Staff in Attendance: Jeff Martin, Earl Cooke, Teresa Orkun, and Patty Huber.

At its meeting on Monday, April 19, TIADA took the following actions: President Robert Beck called the meeting to order at 1:06 PM.

Minutes of Last Meeting

Secretary Ryan Winkelmann presented the minutes of the last Board of Directors Meeting.

A motion was made to accept the minutes.

Moved by Mark Jones, seconded by Juan Sabillón — PASSED

Director of Compliance and Business Development Earl Cooke provided an update on INDEPAC. Mark Jones presented the FY21 Budget, Discussion took place regarding the Reserve Account.

Jeff Martin reported on the Financial Investment Committee and presented the proposed FY22 Budget.

Earl Cooke provided a Legislative Update.

Special Projects Manager Teresa Orkun presented a report on membership renewals.

Director of Associate Member Relations Patty Huber presented a report on Associate members activity.

Old/New Business

A motion was made to approve Fisher Investments as the financial advisor for the investments of the Reserve Funds, as recommended by the Financial Investment Committee. Moved by Vicki Davis, seconded by Greg Phea — PASSED

President-Elect Mark Jones presented the treasurer’s report on behalf of absent Treasurer Eddie Hale.

A motion was made to move $260,000 in April from the Operations Account to the Reserve Account.

Moved by Juan Sabillón, seconded by Russell Moore — PASSED

A motion was made to accept the report.

A motion was made to adjourn the meeting.

Moved by Ryan Winkelmann, seconded by Vicki Davis — PASSED

Moved by Robert Blankenship, seconded by Armando Villarreal — PASSED

President’s Report

Robert Beck adjourned the meeting at 4:53 PM.

Treasurer’s Report

Attendees reported on their member outreach calls.

Robert Beck reported on Bylaws Committee — no proposed bylaw amendments.

Executive Director’s Report

Executive Director Jeff Martin gave an update on Conference, CPO Program, and Member Survey.

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Respectfully submitted, Ryan Winkelmann, 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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feature

CFPB, The Roadmap Forward

by Texas Dealer Staff

Featured Speaker Jean Noonan

Partner, Hudson Cook and member of the CFPB Taskforce on Federal Consumer Law

This is the final article of an exclusive three-part series interview with Jean Noonan, member of the CFPB Taskforce on Federal Consumer Law. Part one and two can be found in the March and April issues of Texas Dealer, respectively. The entire article can be found on the TIADA website under Knowledge Base.

Part Three: Risk

W

Reward Will Always Be Part of the Subprime Future

e resume our conversation where we left off on Part Two, with a question citing the Taskforce report with recommendations for improved financial protection program.

Texas Dealer: The report states “Currently, the use of alternative data is allowed, but liability concerns over its use, methods of collection, and compliance with credit reporting laws have slowed its widespread adoption by industry.” If a dealer wanted to implement the use of alternative data what would be some of your recommendations?

Jean Noonan: First, you want to be sure it is good quality data, which is reliable and accurate. Second, you want to be sure it helps you predict risk in a statistically sound way. As many as 100 million people in the U.S. lack a traditional credit history. If a dealer can get alternative payment or cash-flow information, that will be very valuable data and may enable the dealer to approve more people on better terms than would be possible without it. Alternative data is especially valuable in a second-look program. If you cannot approve a no-file or thin-file consumer, the alternative data may be especially helpful. Even if the use of alternative data turns just 10 percent of denials into deals, this is great for consumers and the dealership.

There are some pieces of alternative data that is riskier than others. The ones I described are pretty safe. If I want to use education level, not self-reported by the consumer, but from a third-party vendor, I need pretty good information on how complete it is. Sometimes it goes back just a few years. Even though I have a law degree, I might appear to have no higher education because I attended college and law school a long time ago. I also warn clients about the risks of using criminal record information, for a couple of reasons. First, it can introduce fair lending risk because African Americans and Hispanics are more likely to be incarcerated. Second, in order to use these factors, you should be sure the information is accurate.

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One problem with criminal records is they often lack personally identifying information found in other sources, such as a social security number. If you are using a thirdparty vendor, it might be hard to be sure it belongs to the person who has applied for credit with you. I teased Taskforce Chair Todd Zywicki that we could be pretty sure that he won’t be confused as having a criminal record because there are not too many Zywickis out there.

With a customer named John Baker or Jose Gonzalez, there might be many people with criminal records with that name and determining whether the record belongs to your customer can be a challenge.

Alternative data can potentially increase predictive power of underwriting and pricing models used by financial institutions, allowing institutions to expand access to credit to individuals previously considered uncreditworthy under traditional models. For instance, underwriting using cash flow data from a consumer’s bank account gives a more holistic and real-time view of a consumer’s actual financial situation rather than relying on point-in-time markers like monthly revolving balances that would be found on a traditional credit report. This expansion of the range of consumers a lender is willing to work with, particularly to consumers on the margin of acceptance under traditional regimes, expands access to the so-called “credit invisibles.” It may also benefit consumers trying to restore good credit by enabling them to qualify for credit that could improve their financial well-being.

Texas Dealer: The report states “for the borrower whose need was too small or prospects too dim to interest the upmarket finance company, credit had to come from somewhere else. As it does today, a large population fit this description at the turn of the twentieth century: Poverty remained a fact of life for most workingclass families and a condition of existence for many. The slightest disturbance in the balance between income and expenses, whether brought on by illness, unemployment, 19

injury, or . . . a relative in need, sent families looking for money. In these situations, children could be put out to work, meals could be cut back, boarders could be taken in, and charity solicited, but sometimes borrowing money was the only way to pay the bills.” This quote reminded me of numerous conversations we have had with dealers over the years about how they have worked with a customer who was sick, lost a job, experienced a mechanical breakdown, or has some other family emergency. It seems larger companies are not equipped to handle this as well, what are your thoughts?

Jean Noonan: That sort of high-touch personal relationship is very important when you are dealing with a more fragile and vulnerable customer base who are not in a position to deal with things you and I might be able to withstand. Many people cannot handle those sorts of financial stressors. I would dare say some of your dealers do it both because they want the loyalty, and it may also be good business. They do not want a default. I have many finance company clients, and they almost all offer extensions because they do not want to repossess the car. They want to make this credit arrangement work for the customer. I think those can be smart and compassionate business moves. Now the one thing I must say, as a long-time fair lending lawyer, is you have to have an even hand. Obviously if you did it for your white customer but not a minority customer, you

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could be in trouble. Any sort of servicing concessions needs to be available to all people on a nondiscriminatory basis. Most of my big clients have policies to avoid any appearance of discrimination, such as limits on the number and frequency of an extension. And in fact, at some point default may the most rational choice for the consumer. You know the consumer may just not have a way out of their financial dilemma.

Texas Dealer: On a different note, tell us what was your first car and what are you driving now?

Jean Noonan: My father spent his whole career in the auto parts business, so I have always loved cars. But not necessarily the sporty ones my high school friends all craved. I didn’t get my first car until I was a college senior, and it may have been one of the nerdiest cars ever built — a new green 1973 AMC Gremlin. I loved that car and drove it to both coasts several times. On a trip from Austin, TX, when I was moving to Washington, DC, after law school, the car overheated in the Smoky Mountains.

I stopped at a stream and let it cool down before I investigated. I soon saw that the lower radiator hose had a tear at the clamp to the water pump, but the hose had enough play I thought I could cut off the bad part and re-attach it.

All went well until I needed to force the hose back on and clamp it. The hose would not stretch to go back on, and I had no real leverage to force it. After some frustration, I thought, “If I only had a lubricant.” A light came on for me, and I applied lip balm to the hose and water pump, still very hot. The hose slid back on nicely. I refilled the radiator from the stream and was on my way! My father loved telling the story of how I fixed my broken car with a screwdriver, a pocket knife, and Chapstick.

I now live most of the year in Key West, FL. I drive back and forth to my home near DC, because my puppies travel with me. My Infiniti Q70 is great on the road, but too big for the narrow streets and tight parking in Key West. Last year I bought a 2012 Polaris GEM, a low-speed electric vehicle that is street legal, with a top speed of 25 MPH. It looks a bit like an egg with four wheels and no doors — even funnier looking than my Gremlin, if possible! At a friend’s suggestion, I named it ‘The Dude’. Now when I call out “Road Trip!” the puppies run out, jump onto the back bench seat of The Dude, and wait for me to buckle the seat belt tethers to their harnesses, so they don’t go sliding out when I take a corner too fast. The smiles I get from other drivers when they notice the puppies in the back seat with their tongues hanging out and their noses in the air are the best part of driving ‘The Dude’.

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Jean Noonan will be a featured speaker at the TIADA Conference on Tuesday, July 27, 2021 in the Cars and Coffee section of The Learning Laboratory. To register for this year’s conference, visit www.tiadaannualconference.com.

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feature

Featured Speaker

The Execution Plan

T

he sales game is constantly changing. New products, marketing ideas and technology solutions continue to flow into the market, pulling dealership decision makers in several different directions: There are the short-term and long-term issues to contend with, which oftentimes puts “right-now” strategies and long-range planning in conflict.

The right-now plans are often hatched in brainstorming meetings dealers hold with their management teams. But coming up with a plan (or the idea of a plan) is just the first step.

What happens next is critical to the success of the idea, as how that plan is executed will ultimately determine the level of success that can be reaped from your strategy.

Let’s drill down on the four key disciplines of execution.

1

Focus on the wildly important: Ultimately,

execution starts with focus. Without it, the other three will no longer matter. In the dealership environment, think about taking on a task like changing your pricing strategy or your road-to-the-sale steps.

Or just think about your business development center (BDC). Change is constant in that department, right? And when change is required, we have to figure out how to make several pieces fit together before we can make changes and realize any type of ROI. The best attack strategy is one that focuses on one or two goals that will make the most difference, rather than dividing your efforts among a dozen objectives. Now, this doesn’t mean setting aside the things you must do on a daily basis to run your dealership or department. You just need to narrow the number of goals you are attempting to accomplish beyond the day-to-day demands.

2

Act on the lead measures: The easiest

way to drill down on Discipline Two is to think of it as the discipline of leverage. Lead measures are defined by the activities most connected to achieving a given goal. How many times have you called your team in to discuss the status of a new initiative but find out that one person thought the other person was handling one of the tasks?

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Cory Mosley

Principal Mosley Strategy Group, LLC

3

Keep a compelling scoreboard: This

discipline is about keeping your team engaged in the goal at hand. And the way to do that is to make sure everyone knows the score at all times.

Everyone involved in the effort should be able to tell whether or not they are winning. Most dealerships have a sales board listing the month’s objectives and the latest individual stats. The same holds true across all dealership departments and initiatives. Great teams know their status at any given moment. If they don’t, they can’t know what they need to do to win the game.

4

Create a cadence of accountability: The

final discipline requires the establishment of a frequently recurring cycle that accounts for past performance and planning to move the score forward. Only at this stage can execution actually happen. Disciplines One, Two and Three set up the game, but your team won’t be in the game until you apply accountability.

But there’s more to execution than simply displaying an ability to set a goal and achieve it. You must also account for the raging whirlwind of daily life. To go one step further, the odds of successfully executing a strategy decrease when more people become involved.

Got any “old-school” thinkers at your dealership? Yeah, they can make it harder to succeed, too.

Ultimately, true accountability means making personal commitments to your entire team: first to move the scores forward, then to follow through in a disciplined way.

My mother use to love the term “buckle down” when she’d kindly encouraged me to get focused or get it together. It’s safe to say that no matter which department we represent in the dealership, we sometimes need to buckle down and take a more systematic approach to getting things done.

Cory Mosley will be a featured speaker at the TIADA Conference on Monday, July 26, 2021 in the Management as well as the Special Finance and Retail Learning Tracks. To register for this year’s conference, visit www.tiadaannualconference.com.

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on the cover

by Texas Dealer Staff

A Keynote Like No Other Q & A with 2021 Conference Keynote Speaker —

Roy Spence

R

oy Spence is probably best known for co-founding the GSD&M advertising agency that created numerous iconic campaigns including ‘Don’t Mess with Texas.’

But Roy’s passion is entrepreneurship, which he refers to as “the miracle of America.” He deeply believes that when America is at her best, it does not matter what your last name or zip code is. If you can dream it, you can build it.

Roy and his partners built GSD&M into a marketing, advertising, and idea machine. He has helped create some of the most memorable advertising campaigns for some of the most memorable brands like, Southwest Airlines, Walmart, BMW, The PGA TOUR, John Deere, and the United States Air Force.

In his Wall Street Journal bestselling book, It’s Not What You Sell, It’s What You Stand For: Why Every Extraordinary Business is Driven

by Purpose, he explains why purpose is key to creating and maintaining a high-performing organization, deserving as much attention as strategy, execution, and innovations. He is passionate about helping organizations find their core purpose and, in 2017, we were lucky enough to have Roy as the keynote speaker for

22

the TIADA Conference and Expo. No speaker before or since has received the same level of adulation. We are excited to bring him back for the 2021 Conference and we took a minute to sit down with him for this Q & A.

Texas Dealer: A lot has happened since

you first spoke at the TIADA Conference & Expo in 2017. First, how have you been, particularly over the last 14 to 15 months?

Roy: I’m grateful every day for the wellbeing of my family and friends. I remind myself and others that my parents and grandparents lived through the great depression for eight years and then World War II for another five. They persevered through 16 years of daily crisis — we have been in this crisis for 16 months. I find walking and looking up (without looking at my phone for an hour) is the best routine for being grateful and not gloomy.

Texas Dealer: You have so many unique accomplishments and accolades, from winning a Texas high school football state championship while in Brownwood, working on T e x a s

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the ‘Don’t Mess with Texas’ slogan, being inducted into the McCombs School of Business Hall of Fame and being named “Adman of the Year” and later “Adman of the Century” by Texas Monthly. Is there any one accomplishment or accolade that stands out more than the other?

Roy: Of course, my marriage of 43 years with Mary, my three grown-up kids: Courtney, Ashley, and Shay and my two grandkids, Charlie and Scarlett. In business, the fact that my partners of 50 years, Steve, Judy, Tim and I are still together and still best friends. This kind of partnership through good times and not so good times is the one I’m most proud of.

Texas Dealer: We know it’s a common practice for auto dealers to glance at their competitors’ websites, pricing, services and other business practices in an effort to stay competitive. Last time we heard you speak, however, you told Conference attendees not to worry about what their competition was doing, but to instead focus on the purpose of their own businesses. Can you expand a bit on your philosophy?

Roy: Yes, while it is critical to know what your competitors are doing, never try to be like them or envy them. The best you will be, trying to be like them, is a worst them. Be the best you and kick their butts.

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Texas Dealer: Many of your ad campaigns,

Southwest Airlines, Walmart, BMW, the PGA Tour, U.S. Air Force, just to name a few, are famous because of the emotional connection you make between the customer and the service or product. Without taking anything away from your presentation in July, can you briefly walk us through that process or thinking?

Roy: The bottom line is… become the best in the world at “walking in your customers’ shoes” before you try to sell them a car, airline ticket or anything. In today’s world especially, empathy NOT sympathy, is the most important connection. Also, I deeply believe that the best empathy concept is that “no one is too good, and everyone is good enough.”

Texas Dealer: We cannot wait to see you again at the Conference on July 26, but one last question. What was your first vehicle and what do you remember about it?

Roy: My mother’s used car that she and Dad gave me, a 1964 Red Ford Falcon. God Bless them.

Roy Spence will be the Keynote speaker at the 2021 TIADA Conference and Expo. He will speak on Monday, July 26 at 8:00 AM. To register for this year’s conference, visit www.tiadaannualconferenece.com.

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Dealer Roundtable Topics • All Things Retail • Best 20 Group Ideas Ever

for BHPH Dealers • Marketing & Advertising: Where is Your Best Spend?

• Pandemic in the Rearview Mirror – What to Carry Forward and What to Leave Behind • All About CPI, Debt Cancellation Agreements, and GAP • Compliance – Balancing Risk with Profit • Struggles of A Starting (Brand New) Dealer • Collections: Balancing the Carrot and the Stick • Employee Compensation Plan that Works for BHPH Dealers • Sourcing Inventory: Facing the Challenge • Before You Choose a New DMS (Again)…

• Nothing Works Without Money but Acquiring Capital is a Challenge 24

The Learning Laboratory Texas Panels

2021 LEGAL TRENDS PANELISTS:

ERIK WILSON (HOUSTON) ERIK WILSON AND ASSOCIATES, PLLC SUSAN WHITE & BRANDON STARLING (AUSTIN) SHACKELFORD, BOWEN, MCKINLEY & NORTON, LLP

CARLOS MIRANDA

(EL PASO) MIRANDA AND MALDONADO LAW

Hands-On Demos

SPOTTING DOCUMENT FRAUD DARREN SCHLOSSER

SERGEANT HOUSTON POLICE DEPARTMENT, AUTO THEFT DIVISION – VEHICLE FRAUD UNIT

JENISSA RICE COO AUTO LIQUIDATORS

July 25-27, 2021

The best dealers in Texas, the best education anywhere.

National Dealer Panels

Cars and Coffee

Live Podcasts

IN-DEPTH Q&A WITH TWO MASTERS OF COLLECTIONS

SOURCING INVENTORY IN A POST-COVID WORLD

PANELISTS TO INCLUDE:

ELSHAN BAYRAM (VIRGINIA)

DARRYL JACKSON (NORTH CAROLINA)

STUART LANDSVERK (ARIZONA)

BILL METZINGER (PENNSYLVANIA)

CHAD RANDASH (MONTANA)

DONALD SULLIVAN (VIRGINIA)

MILO TREVIZO (ARIZONA)

KERRI & STEVEN WATKINS (MISSISSIPPI)

MARK WEIDA (COLORADO)

BRENT CARMICHAEL CONSULTANT, NCM ASSOCIATES

CHUCK BONANNO VICE PRESIDENT OF DEALER DEVELOPMENT, NIADA

LUKE GODWIN AND JEFF WATSON

THE INDEPENDENT DEALER PODCAST 25

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2021 TIADA Conference & Expo July 25 –27, 2021 Kalahari Resorts & Conventions – Round Rock, TX Customize your conference experience by selecting from the options below. Please complete the registration form and return it with payment in full to the address listed or for online registration, go to www.TiadaAnnualConference.com.

EARLY BIRD RATE

CONFERENCE OPTIONS

through June 18th

Register by June 18th,

Full Conference Pass—Dealers Only (includes Welcome Reception, Monday & Tuesday Education /Sessions, Expo Hall, Lunch on Monday & Tuesday, and Awards Reception & Dinner)

1st Registrant 2nd Registrant* 3rd + additional Registrant*

Save $100 per attendee.

$595 $495 $495 $395 $395 $295

One Day Dealer Pass

$300 $400 non-members

(Monday 7/26 or Tuesday 7/27) (includes Monday or Tuesday Education, Expo Hall and lunch on your selected day)

Non-Member (Dealers only)

$895 $795

TADA and out-of-state IADA members are eligible for TIADA member rate

*Registrants must be from same dealership to receive discounted rate

Discounted guestrooms are available for $199/night with a waived resort fee for TIADA Conference attendees.

Please contact the hotel directly to book your room. Must be reserved on or before June 18th to receive discounted rate. Room reservations that are cancelled 72 hours, or more, prior to arrival will receive full refund less $30.00 processing fee. Less than 72 hours prior to scheduled arrival forfeits entire deposit. No-shows will also be charged one-night’s room & tax.

Kalahari Resorts / 3001 Kalahari Drive/ Round Rock, TX 78665 Call 512.651.1000 or book online TiadaAnnualConference.com/KalahariResorts 28

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Dealership: ______________________________________________________ Phone: ____________________ Address: ________________________________________________City/ST/Zip: ______________________  Primarily BHPH Dealer

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dealer spotlight Name: Florence Salazar-Bruner Dealership: Firehouse Auto Sales Location: Haltom City, TX Joined TIADA: April 2018 Texas Dealer: Are you a seller finance or retail dealer?

Salazar-Bruner: We’re retail with a concierge service.

There’s a story behind our business name, Firehouse Auto Sales. We are proud parents of two United States Air Force firefighters.

Texas Dealer: How long have you been a car dealer and

how did you get into the business?

Salazar-Bruner: In 1995, Kars Yes (what later became Ugly Duckling then DriveTime) had just come into town. I was a young, single mom and my friend was working for them in collections and she encouraged me to apply. I went in for an interview, got the job and ended up staying there for 17 years.

I was loan manager, service manager, sales manager and did some collections, loan underwriting and repossession — you name it, I did it. I had the best 17 years of training not ever knowing I was going to open up my own dealership.

My grandparents raised me and I grew up in a house full of men — I’m a big tomboy and love cars. My grandfather was always in the backyard working on cars. He taught me about motors, engines, transmissions, so I can spot a bad car anywhere. I remember him showing me how to do an oil change on a 1969 Chevy.

Texas Dealer: What is the worst decision you ever made

in the business?

Salazar-Bruner: The first five cars I put on my lot.

I overpaid, ended up selling them all, but didn’t make anything. It cost me, but it was a lesson learned. From then on, I had a buyer teach me how to buy cars.

Texas Dealer: Biggest challenge your dealership has faced?

Salazar-Bruner: In June 2019, I was in a horrible car

accident that nearly left me paralyzed. I started walking around this time last year. I was selling cars the entire time while I couldn’t move my legs for almost a year. Then, when I started walking the first week of March 2020, COVID hit.

Prior to these two events, I had created a concierge service 30

to offer our customers the convenience of having their vehicles delivered to their homes. Customers were saying they did not have time to come into the dealership, so this is a service I wanted to make available to them, not knowing that when COVID hit, we were already set up to get customers their vehicles without them needing to stop by the dealership. So it worked out for us and we had a decent year last year.

During COVID, we also had time to slow down and learn our systems, including our dealer management software, which helped me implement easier processes for signing up customers, getting finances, looking at new lenders, new ways of doing business with customers and taking a closer look at our marketing and social media.

Texas Dealer: Most memorable vehicle sold (or

transaction)?

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Salazar-Bruner: I have people who buy cars from me and trust me without seeing their cars before they’re delivered to them. They can give 100% of their trust to me. That excites me.

Word of mouth, referrals, integrity — this is what sells my vehicles.

Texas Dealer: How long have

you been a TIADA member and what do you think are the primary benefits of the membership for you and your dealership?

Salazar-Bruner: I have been a member for a few years. TIADA is basically a resource for us. I met the TIADA staff one day at the auction. I didn’t know much about the association at the time. If I’m looking to connect with a dealer, I can network through TIADA. I can call TIADA and the team gives me the number I need, so I can make that one-on-one connection. If I have a compliance question, I’m put in contact with the Compliance Team.

You need a resource and these kinds of connections — that’s what the TIADA team is there for.

Texas Dealer: General thoughts on the auto industry right now?

Salazar-Bruner: I don’t know what we’re going to do with this market. I had never said it’s challenging, until now. I’m pulling favors from everybody to get cars. All my wholesalers, rental cars are wiped out — they don’t have cars. We’re returning to the auctions, but it’s not surprising to see a car go for $3,000 or $4,000 above asking. The sellers don’t seem to be putting money into their vehicles — they’re no longer frontline ready. Floorplan folks provide me with a market analysis, so we can see May 2021

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what’s happening in different markets.

That said, there’s always a solution, we just need to find it.

Texas Dealer: What are your thoughts on the age of the Internet?

Salazar-Bruner: My kids are in their thirties, twenties and teens, so social media is very much a part of our lives. Before COVID, I was at meetings three times a week. During COVID, all of a sudden, the world stopped and no one was seeing me around the community anymore. So it was important for us at Firehouse to post updates on social media of things we were doing, so that the public could get that reminder of who we are.

Texas Dealer: If you had one

piece of advice for a dealer getting into the business today what would it be?

Salazar-Bruner: Look for a mentor. Even if you have been in the industry, still look for a mentor because if you’re starting your business, everything is new again. Get out of your box, move around, never remain stagnant, persevere and give back to your community.

635 Fritz Dr. Ste 210 Coppell, TX 75019 469-637-0150

Texas Dealer: What do you like to do in your spare time?

Salazar-Bruner: I’m a big foodie and love trying new restaurants — that’s my biggest thing. I’ll make the trip down to Austin or San Antonio to try out a new place. I don’t care about the distance.

Want to share your story in an upcoming issue of Texas Dealer?

info@txiada.org #TXDealerSpotlight 31

feature

Be a Leader, Not a Boss (Adapted from Fearless)

A

re you a leader, or are you a boss?

There’s supreme value in knowing the difference between the two terms. Unfortunately, most people in sales leadership positions don’t have that understanding. If you have people reporting to you and don’t know what the difference is, you owe it to yourself and your team to figure it out.

By reading the rest of this article, you’ll begin to realize what being a leader really means... and why you definitely don’t want to be a boss. After that, enjoy the results of having a happier, healthier, and higher-performing team, along with less stress and aggravation in your own role.

Promotions Do Not Make Leaders

The world is overflowing with bosses. In sales, this is usually a person who has been promoted based on past performance and experience. Unfortunately, promotions do not — on their own — create leaders.

Just because you can sell the stuffing out of your product or service doesn’t mean you have the skills to coach, motivate, and support people. Those are qualities of leadership, and they take more than the ability to perform; they require training and plenty of it.

Great leadership is about mentoring and training, but what if you’ve never been trained in the first place?

For all of the training we’re supposed to do as leaders, we’re often the least trained people in our organization.

Whether you’re in the car business or any other industry, the practice of promoting people into leadership based on past performance, without ever teaching them how to lead, hurts us all.

Training the Trainer

The first time I went to a train-the-trainer course, I wanted to go back and apologize to all of my people for getting it wrong for so long. Later, when I took a break from being a trainer and hit the floor again, that feeling was even worse. All I’d ever done was tell people what they needed to do. I rarely showed them how to do it. I didn’t get to know who they were, help them set goals, work to bring the team together, or coach them toward success.

I had been a boss, not a leader. Can you tell the difference yet?

32

Featured Speaker Tim Kintz

President The Kintz Group

I’ve only had two or three managers in my career of over twenty years who have ever truly exhibited leadership skills. I’m talking about the kind of person who knows where they’re headed and brings everyone around them along for the ride. The person who isn’t worried about getting their hands dirty and trying something out. The person who is fearless.

If you’ve been lucky enough to work with someone like that, you know exactly what I’m talking about. You also know the opposite: The other 90 percent who create fear instead of easing it. They’re problem-focused instead of solution-oriented. They’re hotheaded and shortsighted.

This is a ‘Seagull Manager’ — the one who flies in, makes a lot of noise, dumps on you, and flies out.

Nobody wants that.

Instead, be the opposite of a ‘Seagull Manager’, like head coach of the San Antonio Spurs, Gregg Popovich.

In 2013, when the San Antonio Spurs had just defeated the Miami Heat for yet another of their many championship wins, Popovich sat at the end of a bench while his players celebrated at center court. All through the year, after games that they lost, he had always been the first in front of the camera taking blame for not preparing them well enough. That night, when asked what he did to make the team succeed, he wouldn’t take any credit at all. “Anyone could win with these guys; all I had to do was roll the ball out there and they made it happen.”

That’s what real leadership looks like.

Five Rules Great Leaders Follow

Now that you know what great leadership looks like, how can you practice it yourself? The good news is, I believe there are some simple rules we can follow to get there. Five of them, to be specific:

1

You know exactly what your expectations are. If you don’t know what you expect out of your people, there’s not a chance you’ll be able to lead them anywhere.

2

Your team knows exactly what your expectations are. Trying to hold someone accountable to phantom goals doesn’t work. Ever.

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3

You teach your people how to execute what you expect. Even if you know where you’re going and your people do too, if they don’t know how to get there, none of it matters.

4 5 job.

You coach and support your team as they develop skills. Shoulds don’t help anyone get better at their

You inspect what you expect. Engaged leaders are great leaders because they’re always working to ensure everyone is doing their job.

You know the rules. Now, ask yourself that same question that opened the article. Are you a leader? Or are you a boss? If you suspect it’s the latter, it’s never too late to reap the rewards from an earnest intention to make yourself and everyone around you better.

The Answer

Titles alone can only make you a boss, and that’s where most people stop. Bosses rigidly stick to what they’ve always done and how they’ve done it. They check the boxes and meet the obligations, but they never connect with their people. Bosses want to look good and be

right, while leaders would rather win with the team than be right on their own.

Bosses create fear. Leaders demonstrate fearlessness.

You might have been promoted to the role of somebody’s boss, but I don’t think you want to stay there.

Does anybody really want to be the guy who is always stressed out, swooping in to point the finger or take the credit, and never really listening to or understanding their people?

Bosses take credit. Leaders take the bullet.

Follow the rules of a great leader by setting clear expectations, teaching people how to execute, coaching and supporting them, and be engaged in the team’s performance and attitude. After that, you’ll definitely have the answer to what the difference is between being a boss and being a leader.

Tim Kintz will be a featured speaker at the TIADA Conference on Monday, July 26, 2021 in the Special Finance and Retail Learning Track. To register for this year’s conference, visit www.tiadaannualconference.com.

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33

resource guide The TIADA Website: www.txiada.org

Members can log in with their username/ password and access our Dealer Member Directory, Legislative Action Center, 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

DEALER MEMBERS

210 Auto & Truck Sales

Omar Ortiz . . . . . . . . . . . . . . . 6927 S Flores St., San Antonio, TX 78221

A&J Auto

Ashley Eggleston . . . . . . . . . . . . . 9834 W Lake Rd., Abilene, TX 79601

Aaron’s Auto Sales

Jose Vargas . . . . . . . . . . . 1242 E Business Hwy 83, Mission, TX 78572

Autos Bravos LLC

Jean Bravo . . . . . . . . . . . . . 2131 NE Loop 410, San Antonio, TX 78217

BellaCars LLC

Joseph Hockaday . . . . 9555 Lebanon Rd., Ste. 302, Frisco, TX 75035

Best Car Find

Guadalupe Arrazolo . . . . . . . . . . . . 3115 Pecan St., Houston, TX 77087

Bolton CDJRF Port Arthur LLC

Jordan LeLeux . . . . . . . . . . . . . . . . P.O. Box 1627, Nederland, TX 77627

888.368.4689 www.txdmv.gov

Central Texas Select Autos LLC

Office of Consumer Credit Commissioner

Leo Segev . . . . . . . . . . . . . . . . . . . . 7525 Airline Dr., Houston, TX 77037

800.538.1579 occc.texas.gov

Texas Comptroller

800.252.1382 www.window.state.tx.us

NIADA

800.682.3837 www.niada.com

REPOSSESSIONS

American Recovery Association 972.755.4755 www.repo.org or contact TIADA state office

FORMS Burrell Printing

800.252.9154 www.burrellprinting.com

34

Please Welcome Our Newest TIADA Members

Crista Morris . . . . . . . . . . . . . . . . . . . . . P.O. Box 5548, Bryan, TX 77805

Mainland Investment Segler Auto, LLC

Amber Segler . . . . . . . . . . 1131 North Hwy 288B, Richwood, TX 77531

Texan Cars, Inc.

Edward Okwueze . . . . . . 906 Peachwood Bend Dr., Houston, TX 77077

Walken Auto Credit

James Kennedy . . . . . . . . . . . . . 4501 North 1st St., Abilene, TX 79603

Worldwide ASAP dba Worldwide Auto

Gary Jackson . . . . . . . . . . . . . . . . . . 101 Depot St., Meridian, TX 76665

ASSOCIATE MEMBERS American Auto Protection

Jack Estes . . . . . . . 860 W Airport Fwy., Ste. 205, Fort Worth, TX 76116

DealerAdmin.io

Bart Carpenter . . 8940 Fourwinds Dr., Ste. 610, Windcrest, TX 78239

Digital Downforce, Inc.

Drew Lind . . . . . . . 13809 Research Blvd., Ste. 500, Austin, TX 78729

SurgeMetrix

Adam Dennis . . 4613 N. University Dr., #125, Coral Springs, FL 33067

ThirtySixteen Group, LLC

Cassie Struck . . . . . . 6210 N Belt Line Rd., Ste. 150, Irving, TX 75063

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Is Your Dealer Website Hurting Your Bottom Line?

P

ull up your average dealer website and you typically find a bunch of stuff besides the core content and inventory: A slider with multiple promotions that load every few

seconds.

A range of calls to action (CTAs) across the home

page, with many treated equally whether they are important or not.

A boat load of third-party tools or scripts that are ac tivated when the page loads. Some are invisible (such as tracking pixels) while others are embedded into the page providing various functionality.

Video which shows activity at the dealership, a car

driving down the highway, you name it.

Or pop-ups that can include anything from the latest

promotion to content about COVID.

But you have to ask yourself: Is all of this stuff worth it, or does it hurt the overall performance of my website, and thus hurt my bottom line?

Why Do You Have a Website?

Let’s look at why you have a website. What is its core purpose and does your website serve that purpose? If you are a car dealer, then your primary objective is to sell vehicles. If you have a service bay, then your secondary purpose is to keep it full at all times. Finally, other sources of revenue, such as your body shop, parts department and F&I, will get included as part of your offering.

Let’s be clear: Unless someone can convince us otherwise, the primary purpose of your website is to sell vehicles and keep your service bay full, if you have one. This should guide all of your decisions about your website and influence you to avoid things that will blunt that purpose.

What’s Important?

If we agree about the primary purpose of your dealer website, then we should now look at what’s important to ensuring that that purpose is fulfilled at every opportunity.

Here are 5 things you should optimize for your website to optimally perform:

SPEED No joke. The slower your site is, the more

money you will waste. You want your mobile and desktop versions of your website to load quickly at all times. As May 2021

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Featured Speaker Adam Dennis SurgeMetrix

far back as 2012, Amazon was reporting that the slower the page load, the more money they would lose. A Fast Company article in March of that year discussed how Amazon calculated that a page load slowdown of just one second could cost it $1.6 billion in sales each year. That was over 8 years ago. The need for speed was important then, and even more so now, with the vast majority of people using their cell phones to shop online. Read on and you will see our findings for study that we recently did with some of our customers on the importance of having a fast website. The results are promising for those who recognize that fast websites make money.

SEO RATING As Google expands the available space it

uses for paid content, it is getting harder and harder for anyone to get on page one of a search. This makes it even more important to take care of your SEO fundamentals: Keep your content fresh and relevant.

Make sure your site has all of the technical components

Google wants to see. This requirement can get in the weeds, if you don’t have this expertise, you should seek professional advice.

As I mentioned earlier, ensure that your site loads as

quickly as possible.

Make sure that you are optimizing your Google My

Business (GMB) listing by updating your content and maintaining your Google reviews above a 4/5. (While this last item might seem disconnected because it is not actually your website, a well optimized GMB profile is critical for driving traffic to your site and calls to your dealership. Think of it as a form of modern SEO that is getting more important every day.)

GOOGLE PERFORMANCE Truthfully, if you focused

on how your website behaves from Google’s point of view, then you would be in a good position to ensure that your website is fast, and your SEO rating is solid. One of the simplest ways to monitor your site’s performance is to use Google’s Lighthouse app. If you have Chrome, you will need to add the Chrome extension (just look it up on the Chrome Web Store). Once the extension is loaded, visit your site and then tap on the extensions icon in the top right of your Chrome window and select Lighthouse.

When you do this, Lighthouse will analyze your website and give you a report on the mobile and desktop speed of 35

your website along with ratings on its accessibility, SEO performance, and best practices. All ratings are based on a scale of 100.

Here is what the main dashboard of a Lighthouse report looks like when your site is running well. Not bad when you focus on doing things correctly. But doing things right is not always easy when you have content clutter and third-party APIs (...think little programs that talk with each other) that slow down performance.

A Good Example:

This example shows great marks across the board, the most important of which is the page load performance of 96/100. This means the site loads within 2–3 seconds, which is uncommon for most dealer websites.

(See Fig. 1)

Figure 1

An Example That Should Worry You:

The 5/100 performance means that the site takes a very long time to load.

Suffice it to say, you don’t want this rating because your bounce rate and leads will suffer. (See Fig. 2)

CTAS WITH MINIMAL DISTRACTIONS For his 2003 TED

Talk, marketing master Seth Godin said that in a world where we have too many choices and too little time, the obvious thing to do is just ignore stuff.

This logic is as true today as it was 17 years ago. In order to get your customers to do what you want them to do (look at vehicles), you need to: Understand your shoppers

Prioritize your Calls-to-Action

Use clear, concise language that your

customers understand (e.g. — New Vehicles instead of New Inventory) Make the Calls-to-Action stand

out from their surroundings Limit motion, video, animation,

and bright colors, except for the Calls-to-Action Limit the number of options that

a shopper will see on their device at a given time.

And test, test, test (or, more

36

Figure 2

accurately, ask your provider to test and verify)

USABILITY We’re sure that you

have had the experience where you visit a website and the information is provided like that artist from the 70s who would throw paint at a wall and call it art. The information is jumbled and hard to understand.

Thus enters the concept of usability, or “ease-of-use.” The point of a usable site is that a shopper can quickly figure out what to do without experiencing much mental friction (Think of mental friction in the context of not having to think. Your site should make it easy for your potential customers to do what you want).

So, let’s try this out. Pull up your website on your device. Can you quickly understand what to do if you are searching for a car? Have you

asked your customers these questions? Have you asked them if they could navigate your website to find what they needed with little effort?

Have you tested your site with a tool such as Hotjar to see what people do when they visit your site?

Talk with your vendor and ask them to run a test using Hotjar or a similar tool. We do it all the time so it shouldn’t cause any pain, but it will give you information that you can use to improve how easily people use your site, find what they need, and submit a lead.

The State of the Industry

Now that we’ve done a cursory review of what you should be doing, let’s take a look at what’s actually happening in the industry.

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Figure 3

the website’s four key performance parameters (Speed, Accessibility, SEO, and Best Practices) on a scale of 1 to 100. We do this so that we can provide an authoritative benchmark for the website as we help improve the website’s performance.

Earlier this summer we did a series of nationwide searches using Recon to look at how Independent and Franchise dealer websites performed.

This survey included most of the biggest website vendors in the market.

The results were not good, and in some cases downright horrible.

The Recon app crawled and analyzed over 9,800 dealer websites and discovered that the average mobile site speed rating by Google was 13/100. Yes, that’s correct, 13/100! (See Fig. 3) Think about it: an average of 13/100 for almost 10,000 websites!

Now some might tell you that Google’s ranking system is inaccurate or irrelevant, but as you will see from our case study below, this is simply not true. A rating of 13/100, according to Google, represents a Speed Index of about 13.40 seconds (for the site to fully load)! From our experience, however, there is wiggle room by a few seconds each way… but does that really matter if the load time is that far above the goal of 2-4 seconds? We don’t think so. Other data from Google shows that as load May 2021

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time increases from 1-10 seconds, the bounce rate increases by 123%.

For those who want a metaphor, a bounce is like a shopper walking up to your dealership’s door and then quickly walking away. Not good.

A Brief Case Study

We decided to test our philosophy by putting our websites on the line. Our hypothesis was simple: sites that have a good Google speed index rating of 80/100 or above, should have lower bounce rates, more sessions, and more leads.

We took a small group of dealers and cleaned up their websites

following Google’s recommendations. When we took over these dealers in March of 2019, Google ranked them in the 20s and 30s (out of 100).

Over the year, their site performance on Google improved ending with only one in the 70s, most in the 80s and one in the 90s. Improving the one in the 70s was limited by third party tools that slowed down the load time. That’s a conversation for another article… (See Fig. 4) What we discovered was that our hypothesis, however simple, was correct. For the sampling of sites we studied, we found that: Our average mobile page load

speed was nearly cut in half from about 8 seconds to 3.8 seconds.

Average sessions increased by

over 1,000/month and the average session duration increased by 27 seconds/user.

Bounces decreased by 1,280/month

and the overall average bounce rate decreased by almost 8%.

And, finally and most important ly, average leads/month increased by 34!

Think about it: an increase of 34 digital leads/month for free. That’s over 400 more leads/year! What would you do with an extra 400 leads/year, especially during this unpredictable time?

Figure 4 37

A Shift in Priorities?

Now let’s have a difficult conversation. Why is the average mobile speed so slow across the industry? This is a mind boggler of a question if you really think about it.

The extra work required to make sure your website performs well for Google and your digital shoppers is nothing to you, and really not that much for your provider. It just takes focus to correct the problems and adjust the code to make things hum.

Why is it so rare that dealer

websites do well against Google’s benchmarks? Is it that Google’s algorithms are bad and the results are irrelevant so vendors ignore them?

No. When we tested the sites in our sample, we didn’t just use Google, but also tested manually to validate the load times. There were variations, no doubt. We’re not doing perfect science here, but from our results it was clear that Google — on average — wasn’t that far off the mark.

So what is it? In our view, the cause of this may just be that most dealers

assume that their site performs well since they are paying someone to maintain it for them. And, given how busy that average Independent car dealership is, most people don’t have time for always cross-checking every little thing.

If this is true, and you are one of these dealers, then you might want to rethink your time management and confirm that your site is performing well. Follow the recommendation below regarding Google Lighthouse and you will find that a few minutes a month might serve you well. Think of it this way: if you walk your lot every day, every week, or every month, you should treat your website the same way; it’s your virtual lot.

Conclusion

.

Fast websites are a prerequisite for success. What makes this idea profound is that most web providers ignore it, or in a few cases that we found, even fudge the data by providing questionable results when their websites detect a Google scan.

Your dealer website is your primary vehicle for getting customers into your dealership. Don’t you think that it should meet simple fundamentals such as a fast load time on desktops, and most critically, on mobile phones? You don’t need to be fanatic about it. A 2 second load time is fantastic, but 3-4 seconds are fine as long as the user perceives that the site is quickly loading in front of their eyes as they look at their screen.

So, our advice is to load Lighthouse on your Chrome browser, do some tests, and then talk with your vendor to see how they might improve the performance of your site starting with speed and then going through the other items covered above. You have nothing to lose, and only leads and customer satisfaction to gain.

Adam Dennis will be a featured speaker at the TIADA Conference on Monday, July 26, 2021 in the Management Learning Track.

To register for this year’s conference, visit www.tiadaannualconference.com.

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legislative bulletin

by TIADA

Staff

Bills We are Watching

T

he 87th Legislative Session has really picked up speed in the last month and things are moving fast at the Capitol. TIADA’s legislative team is working hard on behalf of dealers, but more importantly you rose to the occasion when called into action

by TIADA. Whenever TIADA reached out to dealer members, they were happy to help our efforts by calling and emailing their elected officials. Legislators often brought up those calls and emails when we met with them. No matter how big our association gets, our greatest strength will remain our members. Here are just a few of the many bills TIADA is following and their status as of print time:

SB 15 (Nichols) This bill would limit the ac-

cess to TxDMV records to help eliminate unwanted telemarketing calls. Senator Nichols and his of-

fice worked with TIADA to ensure legitimate dealer uses were excluded.

STATUS: As of print time, this bill as amended does not harm our industry, however TIADA is still following the bill in case amendments are offered.

SB 876 (Hancock) This bill would allow a motor vehicle dealer to apply for the registration of and title for vehicles sold by the dealer with any county assessor-collector who is willing to accept the application. TIADA supports this bill.

STATUS: TIADA is working closely with other stakeholders to help move this bill through the legislative process. This bill has passed the Senate, had a hearing in the House, and is eligible to be voted on by the whole House. Should it pass the House, the bill would then go to the Governor for his signature.

SB 935 (West) This bill would allow a metal

recycler or used automotive parts recycler to purchase a vehicle for crushing or parting without obtaining title to the vehicle or notifying a lienholder if the vehicle is at least 12 years old and the lien is at least 4 years old.

TIADA opposes this bill.

STATUS: TIADA has worked hard to ensure members of the legislature are aware that 12-year-old vehicles are very common and not clunkers and that this bill would hurt the ability of lienholders to ensure their collateral is safe from bad actors. As of press time, this bill had passed the Senate and is being referred to the House Transportation Committee. For more information on this bill, please see our policy brief on page 41.

Policy briefs are an important tool that helps TIADA inform members of the legislature.

HB 2879 (Landgraf) As introduced, this bill would change the notice requirement to lienholders before the sale or disposition of a motor vehicle by allowing the later of the 30th day after the date on

TIADA has attended numerous hearings, met with other stakeholders, and provided information to members of the legislature on your behalf.

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ensure unimpeded regulatory oversight. TIADA sup-

which the charges accrue or the 30th day before the data of a proposed sale or disposition of the motor vehicle. Current law requires notice prior to the 30th day on which the charges accrue. This bill would have significantly slowed down the current process for lienholders to be notified about the threat of a mechanic’s lien. TIADA initially opposed this bill, but after

ports this bill.

STATUS: TIADA and numerous lenders think dealers and lenders have shown they are capable of working from home and still ensure the safety of customer data and would like this to continue. TIADA is working with lenders and other stakeholders to help this bill through the process. As of print time, this bill is still in the House but appears to be poised to pass the House.

amendment is neutral.

STATUS: TIADA issued a call to action when it was on the House calendar and our members rose to the occasion by sending hundreds of emails and making calls.

Thankfully, Representative Harless offered an amendment to the bill that was acceptable to the author to address our concerns by limiting the change in law to vehicles with GVWR equal to or over 19,500 pounds, this was later amended down to 16,000 pounds. The bill has passed the House as amended, does not harm lienholder’s rights for most vehicles and still addresses the concerns of heavy equipment mechanics.

Your best source of up-to-the-minute information on legislative issues that will affect your industry is the Legislative Action Center, found under Advocacy at the TIADA website, www.txiada.org. As always, we welcome the input of our members regarding legislative matters.

TIADA’s legislative team will update you in a future article. Should you want to help our future efforts, here are two of the best ways to do so: (1) Make sure TIADA is aware of any relationship you have with a member of the legislature even it is being a third cousin twice removed, and (2) Donate to INDEPAC online (under the Resources tab of the TIADA website), but keep in mind state election law requires all donations to be from private individuals and company checks cannot be used.

HB 3510 (Lambert) This bill would allow employees of businesses licensed by the Texas Finance Commission, including the OCCC to have employees work remotely as long as licensees appropriately safeguard data, appropriately monitor employees, and

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RE: SB 935: Relating to an exception to the titling requirement for certain vehicles; creating a criminal offense.

The Texas Independent Automobile Dealers Association (TIADA) would like to express our opposition to SB 935. TIADA currently has over 1300 members. Our members are mainly Texans with small family-owned car dealerships; yet, despite our small size individually we collectively helped remit almost $5 Billion to our state coffers this past Fiscal Year.

TIADA opposes SB 935 because it fails to protect property rights. SB 935 fails to ensure property rights of lienholders and consumers by allowing the parting, dismantling, and scrapping of vehicles without obtaining a title or lien release. These failures include not protecting (1) older vehicles of high value, (2) half of all vehicles on the road, and (3) vehicles financed for more than 4 years.

Older vehicles can be of high value. This bill does not differentiate between a 2008 F-350 Diesel, 2009 Lamborghini Murcielago, 1965 Shelby GT350, and a 2000 KIA Sportage. Therefore, we suggest adding language setting a maximum value of vehicles that can be purchased without title to protect diesel trucks, specialty vehicles, and classics.

This bill fails to recognize the average age of a vehicle on the road is approximately 12 years.1 The average age of a pickup in 2017 was 13.1 years and the overall overage age of all light vehicles was 11.8 years. In 2001, the average age of a pickup was 10.1 years, and the average overall was 8.9 years. The average age of vehicles continues to rise as does the cost of vehicles and longevity of vehicles does.

Therefore, we recommend striking the number “12” on page 1, line 11 and inserting in lieu thereof the number “15” or indexing the age to 1.25 times the average age as reported by the Bureau of Transportation Statistics.

Most vehicles are financed for more than 4 years. According to Experian, in 2019 84.4% of used vehicles were financed for more than 48 months.2 Furthermore, 20% of all vehicles were financed for 73-84 months. Therefore, we recommend protecting at least 80 percent of all liens by striking the word “4” on page 1, line 20 and inserting in lieu thereof the word “six.”

Lastly, TIADA recommends striking subsection (g) because it unfairly transfers loss due to fraud or theft to the owner and lienholder of the vehicle from the recycler who profits from the transaction.

1- A verage Age of Automobiles and Trucks in Operation in the United States | Bureau of Transportation Statistics (bts.gov). https://www.bts.gov/content/average-age-automobiles-and-trucks-operation-united-states 2- E xperian Auto Loan Debt Study | Experian. https://tinyurl.com/54a95v38

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regulation matters Money Matters

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ometimes bad money decisions are not always apparent at the time to the person involved. When I think bad money decisions, the first thing that comes to my mind is Steve Martin’s quote “I love money.

I love everything about it. I bought some pretty good stuff.

Got me a $300 pair of socks. Got a fur sink. An electric dog polisher. A gasoline powered turtleneck sweater. And, of course, I bought some dumb stuff, too.” Unfortunately, Steve Martin is not the only one to make bad decisions with money. Here are a few ways to handle some common money mistakes.

Nonrefundable Deposits

The question on accepting deposits is a tough one.

I understand why a dealer who takes a car off the lot would want to be compensated for the possibility of lost sales during the hold period, but ultimately, I agree with my old sales managers who always said, “we are in the business of selling cars not taking deposits.” The Office of Consumer Credit Commissioner has said that you are not supposed to keep any money until you have a signed contract, so without a signed contract, you must refund the deposit. Also, even if you do have a signed contract, the risk of a complaint over a nonrefundable deposit is just not worth it. Why end up dealing with a complaint being filed with a lawyer, OCCC, or the DMV for the reward of keeping someone’s deposit?

by Earl

Cooke

TIADA DIRECTOR OF COMPLIANCE AND BUSINESS DEVELOPMENT

“Although you are legally allowed to accept credit cards for a down payment, TIADA cautions and reminds dealers that consumers sometimes unfairly dispute legitimate charges.”

Disputed Credit Card Down Payment

Although you are legally allowed to accept credit cards for a down payment, TIADA cautions and reminds dealers that consumers sometimes unfairly dispute legitimate charges. The Fair Credit Billing Act allows a consumer to dispute a credit card transaction for 60 days after the first bill with the error was mailed to them. The FCBA applies to disputes about “billing errors,” including unauthorized charges, charges that list the wrong date or amount, and charges for goods or services you didn’t accept or that weren’t delivered as agreed. However, consumers often use this right to dispute legitimate charges.

Should you receive a dispute from credit card company, you should provide as much necessary information as possible to help remedy the dispute in a timely manner with the credit card company. Each step in the 42

dispute process has a defined time limit during which action can be taken. VISA outlines the different types of disputes and the necessary documents in their “Dispute Management Guidelines for Visa Merchants.” This document is available online at no charge and is probably the best resource for the proper steps to take when you receive a dispute from a consumer regarding a credit card transaction.

Often, TIADA receives inquires from dealers as to taking the customer to court and this is possible; however, as anyone who has ever dealt with litigation knows, it can be expensive. Before seeking a remedy with the courts, it is best to go through the dispute process with VISA. T e x a s

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Non-Sufficient Funds Check

Texas criminal code is extremely strict on NSF checks and treats NSF checks as theft. To have someone convicted of “issuance of bad check or similar sight order” the state must show the person passed the check with knowledge that the consumer did not have sufficient funds in or on deposit with the bank. The prosecution can show knowledge by either showing the customer did not have an account with the bank or payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. To meet the notice requirement a dealer should send a notice by (a) first class mail, evidence by an affidavit of service or (b) registered or certified mail with return receipt requested mail. The notice must be addressed to the issuer’s address shown on (a) the check, (b) the records of the bank or other drawee, or (c) the records of the person to whom the check or order has been issued.

The notice must contain the following statement: “This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.”

If payment is not received after 10 days of sending the notice, you should contact local law enforcement and ask for their help. I will note a lot of district attorneys use prosecutorial discretion to avoid criminal actions against bad check writers.

Postdated Checks

A postdated check offers little to no recourse under Texas law. Texas law provides that an “issuer’s knowledge of insufficient funds is presumed (except in a case of a postdated check or order).” Without this presumption, prosecution for a bad check is nearly impossible and the threat of criminal charges cannot be used to collect on the check. Therefore, TIADA recommends you do not accept post dated checks.

How to Proceed

Sir John Templeton, a famous investor, once said “The four most expensive words in the English language are, ‘This time it’s different.’” With that in mind, May 2021

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“To have someone convicted of “issuance of bad check or similar sight order” the state must show the person passed the check with knowledge that the consumer did not have sufficient funds in or on deposit with the bank.” my best advice is no matter what the situation is, remember that this time is not likely to be different. Have a policy in place based on lessons learned from your past experiences, advice from TIADA, and counsel. Finally, remember that no matter how great of a job you do at creating a policy, it is ineffective if you do not adhere to it.

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behind the wheel Yes, I Am Excited Too

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very year about this time I start getting questions about our Conference & Expo. But nothing, I mean nothing, compares to the number of questions I am getting this year. Most questions have an obvious answer, like “The conference will be live this year, right?” or “Do you think this will be TIADA’s largest event ever?” or “Are you and the staff excited about this year’s conference?” YES, YES and YES. Since we are receiving so many questions, I thought I would address the most common ones here.

Is there a special hotel rate for attendees?

Absolutely. Special rates are available at the Kalahari Resort. Discounted guestrooms are available for $199/night with a waived resort fee for TIADA Conference attendees. That’s a pretty hefty discount.

If you reserve a room today on your own for the same dates, it will set you back a little over $365/night. Make sure you book online through our conference website or call 512.651.1000. And you must reserve on or before June 18th to receive the discounted rate.

What kind of education can I expect at this year’s conference? The heart and soul of the TIADA Conference is our education — over 30 hours’

by Jeff

Martin TIADA EXECUTIVE DIRECTOR

worth, in just two days. And while the quantity is impressive, attendees always leave talking about the quality.

From owners and GMs to your newest greenhorn staffers, the TIADA Conference has something for everyone.

LEARNING TRACKS: On Monday you’ll find 15 hours of quality education, with concurrent sessions offered across five different time slots. Learning tracks will include BHPH, Special Finance & Retail, Compliance, Management and Technology.

DEALER ROUNDTABLE DISCUSSIONS: These

discussions are held by dealers for dealers, creating a remarkably open environment where some of the top professionals in the country will discuss best practices, share their honest opinions about the industry, and give you a chance to do the same.

THE LEARNING LABORATORY: This is a new one for

us. Tuesday morning is packed with 15 hours of education offered in a variety of learning environments that include: Live Podcasts, Hands-on Demonstrations, Cars & Coffee and Panel Discussions. We are listening to our past attendees and offering more hands-on and interactive sessions.

Will I be required to wear a mask?

Man, I hope not! I will be looking for some smiles.

From owners and GMs to your newest greenhorn staffers, the TIADA Conference has something for everyone.

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However, we will monitor face-covering guidelines and will provide any updates prior to the conference. If you just feel more comfortable wearing a mask, put that mask on and come on down. No one loves you more than we do, and we will do everything we can to make this a safe environment.

Who should I bring from the dealership?

The best dealers in Texas, the best education anywhere.

Can I bring my friends and family?

Hey, it’s a resort! Bring your spouse, guests, and kids, if that makes it easier for you to attend, and let them enjoy the Resort. To make it even more enjoyable for you, we have options to purchase extra Expo Hall passes and awards dinner tickets if you want to bring the family to any of these events, too.

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July 25-27, 2021

Look, conferences are just more fun if you bring someone with you. As I said before, we have something for seasoned owners and top-level managers as well as the newest person in sales, IT, collections, make ready or compliance.

You will also find the largest dealers in Texas as well as the mom and pops at the conference, and yes, tiered pricing is available for groups attending from the same dealership.

If you have any questions about this year’s Conference, check out www. tiadaannualconference.com or simply give us a call at 512.244.6060. Yes, we are really excited.

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