Also in this issue:
– Michael W. Dunagan: The Non-Binding Binder
– 9 Ways to Reduce Car Dealership Expenses
– How To Keep Your Dealership Out Of Legal Trouble
– Hurricane Season is Here… Is Your Dealership Ready with Business Interruption Insurance?
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TIADA Board of Directors
PRESIDENT
Eddie Hale/Neighborhood Autos
PO Box 1719
Decatur TX 76234
PRESIDENT ELECT
Vicki Davis/A-OK Auto Sales
23980 FM 1314
Porter, TX 77365
CHAIRMAN OF THE BOARD
Ryan Winkelmann/BJ’s Autohaus
5005 Telephone Road Houston, TX 77087
SECRETARY
Greg Phea/Austin Rising Fast 8024 IH 35 North Austin TX 78753
TREASURER
Brad Kalivoda/Fiesta Motors 2599 74th Street
Lubbock, TX 79423
VICE PRESIDENT, WEST TEXAS (REGION 1)
Cesar Stark/S&S Motors
7699 Alameda Ave. El Paso, TX 77915
VICE PRESIDENT, FORT WORTH (REGION 2)
Tyler Simmons/Abilene Used Car Sales, Inc.
2150 N. 1st Street Abilene, TX 79603
VICE PRESIDENT, DALLAS (REGION 3)
Greg Reine/Auto Liquidators
39670 LBJ Freeway Dallas TX 75237
VICE PRESIDENT, HOUSTON (REGION 4)
Lowell Rogers/11th Street Motors
1355 N 11th St, Beaumont, TX 77702
VICE PRESIDENT, CENTRAL TEXAS (REGION 5)
Chad Lancaster/Chacon Autos
11800 E. Northwest Hwy Dallas TX 75218
VICE PRESIDENT, SOUTH TEXAS (REGION 6)
Cesar Torres/Lofi Motors
4634 Ayers St. Corpus Christi, TX 78415
VICE PRESIDENT AT LARGE
Armando Villarreal/McAllen Auto Sales, LLC
4215 S. 23rd St McAllen, TX 78503
VICE PRESIDENT AT LARGE
Russell Moore/Top Notch Used Cars 900 East Davis Conroe, TX 77301
TIADA has always been a community united by a common passion — a passion for our businesses and a commitment to ethical and successful business practices. As we move forward in our journey, we invite dealers from all corners of Texas to join our vibrant association and become a part of this dynamic network.
Recent events I attended have demonstrated the incredible depth and breadth of quality dealers that Texas boasts. The annual golf tournament held in El Paso was a powerful reminder of the diverse and skilled professionals that make up our industry. The picturesque backdrop of the West Texas landscape served as a reminder that just as the landscape varies, so do the talents and perspectives of dealers in every region. The tournament was a testament to the unity that TIADA fosters, and it showcased the tremendous potential for growth that we have.
We understand the unique challenges that the independent automobile industry can present. From navigating legal and regulatory landscapes to staying ahead in an ever-evolving market, the journey of an independent automobile dealer can be daunting. However, through TIADA, dealers find a supportive and collaborative community ready to share insights, knowledge, and resources. Our association serves as a platform where novices and seasoned professionals alike can learn from each other’s experiences, ultimately leading
by Eddie Hale Neighborhood Autos (Decatur) TIADA PRESIDENTto the collective advancement of the industry.
The recent gathering in El Paso underscored the importance of expanding our family. It showcased the incredible camaraderie and exchange of ideas that define TIADA. By recruiting new dealers from various regions of Texas, we enrich our community with fresh perspectives and innovative approaches that have the potential to shape the industry’s future. Each new member adds a unique thread to the tapestry of knowledge that we are weaving together.
Encouraging others to join TIADA not only offers them access to a treasure trove of industry knowledge but also provides opportunities for networking, professional development, and advocacy. Our association works tirelessly to ensure that the voices of independent dealers are heard on important matters affecting the industry. Together, we can wield a stronger influence and drive positive changes that benefit all of us.
In conclusion, TIADA stands as a beacon of support and growth for independent automobile dealers across Texas. The state is teeming with quality dealers, each with their own story to tell and expertise to share. As we look to the future, we encourage dealers from all corners of Texas to consider joining TIADA and becoming an integral part of our ever-expanding family. Let us continue to shape the automotive industry in Texas, together.
Our association serves as a platform where novices and seasoned professionals alike can learn from each other’s experiences.
No matter what side of the ideological fence you fall on, climate change is one of many factors that can impact your dealership. Wildfires if you operate in drought-stricken states, tornados if your lot is in the Midwest, and with an active hurricane season predicted for this year, now is probably a good time to make sure you have Business Interruption Insurance in place and ready to protect you.
And that’s just naturally occurring weather events… there are a host of issues not related to weather that can impact your dealerships’ ability to function daily. The financial impact can be catastrophic depending on the event.
While there are no dealership-specific statistics on commercial losses due to weather, industry studies revealed that in 2022 there was an estimated $13.5 billion in commercial losses due to flooding alone.
It may seem obvious but for some dealers they may think other existing commercial insurance policies are
enough to help in case the dealership cannot open or function. But there’s more to this coverage.
Business Interruption Insurance is there to help your dealership recover financially after any number of ‘disruptive’ events that could temporarily halt your operations. No sales, no service, no parts… nothing. You are truly ‘closed for business’.
This coverage can compensate you for the lost income while the dealership cannot open and help cover ongoing expenses that unfortunately continue whether your doors are open or closed.
Salaries, rent, benefits, vendor payments, etc., don’t stop just because your lot flooded. This keeps everyone paid.
Government Shutdowns or Regulations: Over 3 years ago, no one could have imagined a global pandemic shutting down virtually every customerfacing business, but it did, and dealers across the US were temporarily closed. Government authorities
(Federal or state) may issue an order telling you to close and Business Interruption Insurance can help with lost income from these forced closures.
Natural Disasters: As mentioned above, there are a handful of weather-related events that can force your lot to close operations (some used to call this Acts of God). Flooding, blizzard conditions, tornadoes, hurricane-force winds or storm surge, and in the last decade — wildfires. Business Interruption Insurance can cover any ongoing expenses like rent, utilities, employee salaries from closures or destruction of property that are entirely out of your control. Equipment Breakdown: It’s not just Mother Nature that can shut things down…you could lose the function of critical equipment like your computer system that handles all essential sales functions across all departments. Your lifts could break down in Service. The power could go out due to grid failure. You get the picture.
Business Interruption Insurance will cover expenses while you’re waiting for systems and equipment to be repaired or replaced. It’s good peace of mind as fixing major systems could take a day or could take 2 weeks.
Fire or Structural Damage: It may seem like this falls under ‘Natural Disasters’ noted above but this is just different enough to warrant a separate mention. The weather could be absolutely perfect and then a fire breaks out in the dealership causing extensive damage to the showroom or other areas of the building. You can’t sell cars in a charred environment and you wouldn’t want anyone working under those conditions.
Suppose you live in an earthquake zone (rare but it could happen). Again, the weather could be perfect but if there was structural damage to the building or its foundation, it’s unsafe to be open and operating. Business Interruption Insurance covers expenses while those important repairs are handled so that all employees and customers are safe being back in the building.
Supplier Disruption: Imagine one of your main suppliers or vendors experiences their own catastrophic event that delays or cripples their production. If you’re unable to receive new vehicle or parts shipments for a period of time. Sounds familiar?
Another after-effect of the pandemic was severe (an understatement, really) supply chain issues and dealer lots were bare as a result. Parts for repairs were slow to trickle in and many shops simply could not fix enough cars as a result. This coverage can help in these rare but costly situations when you have nothing to sell and no parts to fix or maintain customer cars. Hopefully it will never happen again but if it did, this policy is meant to help.
If you’re considering this policy, be sure to look for exclusions and limits to the amount of time you are not in operation before the coverage kicks in. This can vary depending on the carrier and policy terms.
Be sure to remember that while there are plenty of coverages designed to replace or repair structures or inventory in case of events like those mentioned above, this policy will help pay the bills that occur as a result of the damage or event.
When is an insurance binder non-binding?
For many dealers who require property-damage insurance to cover their collateral, and who believe the receipt of an insurance binder (or declaration page) will protect them in case of damage to their collateral, a surprise may be in store when a damage claim is made.
The Texas Finance Code authorizes car creditors to require property damage insurance to protect their collateral as a condition of financing a vehicle. A typical term of a motor vehicle retail installment contract requires the debtor to obtain coverage prior to delivery of the vehicle, and further requires that the debtor maintain the coverage during the term of the contract and send proof of coverage to the creditor.
Since the processing of an insurance application and issuance of a policy usually takes some time, most insurance companies authorize their agents to issue a document called a “binder” or “dec page” that is addressed to the creditor confirming that coverage is in place, at least temporarily, while the application is being processed. Theoretically, the seller or lender can rely on the binder in delivering the vehicle to the buyer/debtor. Most insurance policies provide for ten-days’ notice before cancellation of coverage.
A number of dealers and lenders have recently faced the denial of what appeared to be routine claims following damage to their collateral. Based on binders sent by the agent who placed the coverage, the car creditors assumed that coverage was in place when the accident
occurred. Yet, in some reported cases, the insurance companies took the position that the binder was in fact void and no insurance coverage was ever in effect, and the 10-day notice was thus not required for cancellation.
The insurance companies based the denial of coverage on the fact that the actual policies (which, of course, the car creditors had never seen) included terms to the effect that, should the initial payment of premium be on a check that bounced or was otherwise dishonored, the insurance contracts were void, retroactive to the dates of issuance, as if the binders had never
by Michael W. Dunagan TIADA COUNSEL
existed. Of course, no notices of the existence of the bad-check policies, or notices of the actual bad checks, had been given to the car creditors prior to the accidents, or the denials of the claims.
It was just such a fact situation that the Court of Appeals at Dallas considered in the case of Progressive County Mutual Insurance Company v. Budget Motors, Inc. In that case, Progressive had sent a “confirmation of coverage” to Budget covering the husband-and-wife buyers, effective the day it was sent, providing coverage for six months. No conditions or restrictions to implementation of coverage were mentioned on the
Car creditors who require insurance coverage to protect their collateral should read binders and “confirmation of coverage” letters very carefully to determine if “retroactive cancellation” language has been included. If so, coverage will be subject to the validity of the check given by the customer for the premium, or a stop payment after damage is done.
confirmation document.
Unbeknownst to Budget, the buyers had applied for insurance with Progressive over the phone, with an application form sent to the buyers. The application contained a clause providing that payment of the first premium was a condition of coverage, and that dishonor of a check would mean that Progressive would be deemed not to have accepted the payment and, thus, the policy would be void from inception.
As might be expected, the vehicle was wrecked days after purchase and declared a total loss. The buyers then stopped payment on their premium check (No need to pay for insurance on a wrecked vehicle). Eight days after the accident, Progressive sent Budget a notice that the policy would be cancelled 10 days later because of non-payment. The day after receiving that notice, Budget received a notice that the policy had actually been
cancelled as of the day the binder was issued.
When Budget filed a claim, Progressive denied it on the grounds that coverage never existed because of the stop-payment check. Progressive argued at trial, and on appeal, that Budget should never have relied upon the binder (we would wonder what purpose a binder could possibly serve if it can’t be relied upon by a lien holder) and should have been aware of the terms and conditions of the application sent to the buyers/debtors.
The Court of Appeals rejected Progressive’s arguments, pointing out that a named loss payee is entitled to rely on a binder, and that an insurer can not use documents that the loss payee never sees to provide an escape clause. The Court further concluded that: “(1) Progressive made a promise to [Budget] by verifying insurance coverage of the vehicle with Budget as a loss payee, (2) it was foreseeable to Progressive that the named loss payee would rely on the confirmation that insurance coverage was in place, [and] (3) the evidence conclusively shows Budget relied on the promise of coverage in releasing the vehicle to [the buyers] and has been harmed by loss of the vehicle.”
Our firm has handled lawsuits against insurance companies who refused to pay claims to loss payees based on similar facts. Most have been settled favorably to the loss payee. Yet it is clear that insurers will continue to attempt to avoid liability by denying coverage, after the accident takes place, based on a retroactive claim of non-payment of premium. Obviously, as the Dallas Court of Appeals pointed out, binders are worthless if the insurer can deny coverage because of something that happens outside the knowledge of the loss payee for which no prior notice is given.
After a settlement was reached for one of our loss-payee clients, opposing counsel advised us that, to avoid having to pay claims in these situations,
insurers would be changing their binder and dec-page notices to include the retroactive cancellation right when a check given as the initial premium bounces or is otherwise dishonored. We are now seeing binder agreements and cancellation/reinstatement notices sent to loss payees that incorporate such language, as well as language that makes cancellations retroactive when a renewal check is returned unpaid.
Car creditors who require insurance coverage to protect their collateral should read binders and “confirmation of coverage” letters very carefully to determine if “retroactive cancellation” language has been included. If so, coverage will be subject to the validity of the check given by the customer for the premium, or a stop payment after damage is done. Creditors may want to consider refusing coverage that is conditioned on factors out of their control. See “Alternatives
to Traditional Property Damage Insurance Offer Options to Dealers,” Texas Dealer, the July 2021 edition, for a discussion of some of the other types of denials to coverage and what some car creditors are doing to address the problem.
Any notices from an insurance carrier, including reinstatement notices, should be screened for “retroactive cancellation” language which puts the creditor at risk. That binder that the car creditor relies upon may just turn out to be non-binding.
Any notices from an insurance carrier, including reinstatement notices, should be screened for “retroactive cancellation” language which puts the creditor at risk. That binder that the car creditor relies upon may just turn out to be non-binding.
•40 Years Serving Texas Dealers
• 4.9 Star Avg. Customer Rating
W h y C h o o s e U s ? M
. C O M
Check the committee(s) you wish to join. All Dealer Members are welcome to participate. We need your input! Please complete form and return to info@txiada.org or fax to 512.244.6218.
Committee members will be appointed at the October 2023 board meeting
Standing Committees:
Awards Committee
Budget and Finance Committee
Legislative Committee
Political Action Committee (INDEPAC)
Bylaws Committee
Ad hoc Committees:
Ad hoc committees will be appointed by the president to focus on specific issues and given a specific timeframe. Issues may include but are not limited to: education, conference, compliance, member services, membership recruitment, website, magazine and surveys. Committee members will be notified prior to a committee being appointed to determine interest.
Name ___________________________________________________________
Dealership_______________________________________________________
Title
by Andrew Smith CEO of AutoRaptor
Peter has a reputation around town as a savvy dealership business owner. He’s the top-selling auto dealer in his county, is known for his inventory of high-demand vehicles, and the customer service scores for his employees are off the charts. In addition to that, he spends a pretty penny on all types of advertising and has become a bit of a local legend for his one-of-a-kind television commercials.
From the outside, Peter appears to be doing everything right. He’s the envy of other local dealership owners; they all wonder what he’s doing to make
so much money.
The truth? Peter’s profits are abysmal. He wants only the best for his dealership business — the best cars, employees, advertising — and he’s willing to spend big money to make that happen. Unfortunately, he’s spending too much, and his expenses aren’t in sync with his gross profits.
He likes to reason that, “You gotta spend money to make money!” but he has to get a grip on his expenses before his business implodes.
Your situation may not be as dire as Peter’s, but if you think there’s room to trim your
When you’re running a dealership, business expenses are always going to be there— but it’s up to you to determine how much you’re willing to spend.
dealership costs, you’re probably right. Even if you think your input versus output is a well-oiled machine, it’s certainly worth your time to look at your books and see where you may be able to reduce your expenses — you could be very surprised.
“Someone in your organization has to get into the weeds with your expenses… if not, you are clearly leaving as much as 25% on the table day after day, week after week, month after month, and year after year,” writes Doug Austin, founder and President of StrategicSource, Inc.
First, look at a month-by-month income statement for the last year of business. This spreadsheet will allow you to compare your sales, cost of sales, gross profits, and expenses. Do you notice any trends?
Now, you’re going to want to start digging deep into your expenses. These costs should be separated into two different groups because not all expenses are created equal. You’ll have:
Expenses directly related to sales and inventory
carrying costs. These should change proportionately to your sales and gross profits.
Types of variable expenses may include floor plan interest, demo expense, delivery expense, advertising, personnel, employee benefits, absentee wages.
These expenses remain pretty consistent month after month.
Types of fixed expenses include office and shop supplies, credit card interest, legal, postage, repairs and maintenance, insurance, utilities.
Once you’ve narrowed down your expenses for the last year, don’t just skim over the numbers to see if everything “looks good.” You need to take each category, one by one, and evaluate the money that was spent and why. If you’ve never done this before, you’re probably going to find a lot of areas that you could easily reduce without affecting your normal flow of business.
Where you ultimately choose to reduce costs will depend on your individual dealership, but here are some common areas where others may cut back:
Advertising is essential when you’re running a dealership, but it needs strategic management. You can’t just throw money into commercials, print ads, and pay-per-click ads without also measuring results and ROI. You love producing your TV commer cials, but you may find that the numbers aren’t adding up and they simply aren’t bringing in the amount of business they need to.
Don’t go firing anyone, but an easy area to save money is by watching how much overtime your employees are clocking. Have management sign off on all overtime before it goes to payroll. Also, be smart about who you hire. Dealerships tend to have a lot of turnover, and that gets expensive — try to minimize that as much as possible by taking the time to hire the right people.
How can you reduce the cost of supplies if you need them to do business? Two simple ways are to shop around for discounts and keep supplies locked up at all times — appoint specific employees to be keyholders. Employees can sometimes get sticky fingers, especially when it comes to office supplies — “who’s going to miss an envelope?!” — but the costs add up over time and can impact your bottom line.
Those used cars sitting on your lot cost you money every single day. A 60-day rule on your lot could help (though it should preferably be 30 days) so your inventory keeps moving, but your money doesn’t. You’re going to find that by taking the time to review your expenses and tightening the purse strings a little, your dealership business profits will vastly improve without too much effort.
Another practical avenue to explore for cutting costs is to renegotiate your vendor contracts. Be it the IT support services, janitorial services, or vehicle maintenance equipment, there’s a good chance that you can find a more competitive rate than what you’re currently paying. By leveraging the prospect of a long-term relationship, you may be able to negotiate better terms with your current providers, or switch to a cheaper vendor that can deliver the same quality of services. Streamlining your business processes is another great
way to cut costs. By identifying inefficiencies and redundancies in your operations, you can devise methods to increase productivity while reducing overhead. For example, using dealership management software can automate a lot of tasks, minimizing errors and freeing up valuable time that can be better utilized. Digitalizing your documentation process, for instance, can help save costs on paper and printing, as well as make retrieving and sharing information more efficient.
Digital marketing presents a cost-effective alternative to traditional advertising mediums like television commercials or print ads. According to Google, 95% of car buyers use digital as a source of information. Hence, shifting your marketing efforts towards channels like social media, search engine optimization (SEO), and email marketing could yield substantial savings.
Moreover, digital platforms offer advanced analytics tools, allowing you to track the performance of your campaigns and fine-tune your marketing strategies
based on data-driven insights. By focusing on highperforming channels and eliminating underperforming ones, you can significantly reduce your advertising expenses while still reaching your target audience effectively.
While this might seem counterintuitive, investing in your employees can lead to cost savings in the long run. Properly trained employees are more efficient, make fewer mistakes, and provide better customer service, leading to more sales and less waste. Additionally, providing opportunities for growth and development can increase employee loyalty and reduce turnover, which can save significant costs related to hiring and training new employees.
Energy costs are another area where you can potentially save. Implementing energy-saving measures like using energy-efficient lighting, insulating your buildings, and encouraging employees to turn off equipment when not in use can lead to substantial savings over time. Investing in renewable energy sources like solar panels
can also yield significant returns in the long run, and they’re beneficial for the environment too.
Preventive maintenance of your dealership’s equipment and infrastructure can save you from costly repairs and replacements in the future. Regular maintenance can prolong the lifespan of your assets and ensure they’re running at optimal efficiency. This can be as simple as regular oil changes and tire rotations for your demo vehicles, or timely servicing of your HVAC systems and other utilities.
Reducing dealership expenses isn’t just about cutting costs — it’s about optimizing your resources to achieve the best results. With careful analysis and strategic planning, you can significantly reduce your expenses without compromising on the quality of service you provide to your customers. This way, you not only improve your dealership’s profitability but also its sustainability in the long run. Remember, every penny saved is a penny added to your bottom line.
TIADA designed and implemented some important on-demand courses to give dealers quality educational programs they can access throughout the year. These programs are essential for dealers to stay compliant. They offer flexibility, so you can complete them according to your schedule. These courses are designed for any dealers with questions related to various regulations that affect their businesses.
In this two-part video course TIADA counsel Michael Dunagan answers repossession related questions for both the dealer starting out and those dealers who want a refresher. Dunagan goes through the basics of self-help repossession, repossession when a client has filed bankruptcy, and using the courts to regain collateral through sequestration. The course also covers all the repossession letters and includes a downloadable deck of slides to follow along with the course.
$ 98 for two 1-hour videos
Want to avoid having your title transfer paperwork rejected at the tax office? This online course is designed to walk you through the title transfer process and is best suited for people new to transferring titles or those who want to brush up on the basics. This course has been reviewed for accuracy by the Tax Assessor-Collectors Association of Texas.
$ 48 for the course
* Also available in Spanish
In the ever-evolving world of independent automobile dealerships, there exist exceptional individuals whose journeys reflect the resilience, innovation, and dedication that shape the industry. In this article, we pay homage to four such remarkable figures: Phillip Lathrop, Paul Scott, Tommy Gregory, and Armando Villarreal. Their stories exemplify the diverse paths dealers can tread within the automotive landscape, from unexpected beginnings to soaring achievements, all underscored by a steadfast commitment to community, advocacy, and excellence. Join us as we explore the inspiring narratives of these dealers, each of whom has left an indelible mark on the independent automobile ecosystem and beyond.
Phil Lathrop’s journey into the world of automobiles is a testament to seizing opportunities and a commitment to community and advocacy. His story, filled with twists and turns, has made him a notable figure in the automotive industry. Phil’s journey began in an unexpected manner. Armed with a Bachelor of Science in Radio, TV, and Film from the
University of Texas, he set out to find a job in his field. However, a chance conversation with his neighbor, who had extensive experience in the car business, led Phil to a Chevrolet dealership in 1976, where he embarked
on his career as a salesman. Little did he know that this would be the start of his lifelong automotive journey.
Phil’s career path has evolved over the years as he climbed the ranks in the new car business, serving in
various managerial roles at different dealerships. However, a turning point came in 1988 when he decided to venture into the independent dealership world. It was not a planned transition but a response to a unique opportunity. After a career that had already spanned over a decade, Phil found himself as one-half of VP Auto Sales, a dealership named after its founders, with Vernon Shoemaker being the “V” in VP Auto Sales. The duo initially started with a third-party financing model but quickly pivoted to the buy-here, pay-here business within eight months. This transition marked the beginning of VP Auto Sales, which would operate from a single location in Garland, Texas, for its entire existence. Their commitment was clear: they aimed to treat their customers right, especially those who may not be as financially savvy or have the best credit.
Phil’s philosophy as a buy-here, pay-here dealer revolves around trust and repeat business. He understands that his customers often face unique challenges, and it
is his responsibility to guide them through the process, ensuring fairness and transparency. This approach has not only sustained his dealership but has also garnered a loyal customer base, with some even becoming second and third-generation buyers.
“My philosophy has been to always work for the long haul,” Phil said. “Don’t get in it just to get in it and make money. When you’ve established yourself in business, you’ve got to do everything you can to treat people right.”
Phil’s contributions extend beyond his dealership. He has invested significant time and effort in the Texas Independent Automobile Dealers Association (TIADA), including serving as President of the assocation in 2016. His commitment to promoting inclusion, representation, and legislative advocacy has helped to turn TIADA into a powerful industry force. Phil’s efforts help protect dealers’ rights and advance key legislation, including crucial initiatives like deferred sales tax and related finance companies. Outside of the dealership and TIADA, Phil remains actively engaged in his community. He serves as a deacon in his church and is part of the Garland Automotive Business Association, working to protect dealers’ interests. He coached his son’s baseball team and continues to make a positive impact in various aspects of his community.
Paul R. Scott has carved a remarkable path in the automotive industry. Recognized as the 2019 Quality Dealer Award Winner by TIADA, Paul’s journey from humble beginnings to becoming a prominent figure in the world of car sales exemplifies dedication, innovation, and a commitment to excellence.
Paul’s automotive journey began in 1979 when he joined a VW-Porsche-Audi dealership in Lubbock as a Finance Manager and General Sales Manager. This initial pathway laid the foundation for a career that has spanned decades. In 1981, he further honed his skills at a Cadillac-BMWLexus-Mercedes-Benz dealership, where he ascended to the role of General Manager. During his tenure, he set the stage for his own venture, Fiesta Motors, in 2001.
Fiesta Motors quickly became a prominent name in Lubbock, providing quality vehicles and financing solutions to the local community. Paul’s ability to navigate the complex world of consumer finance, coupled with his experience, allowed Fiesta Motors to thrive. His deep understanding of the industry is evident in his impressive track record, including five Lexus Elite designations, eight Cadillac Master Manager awards, two Mercedes-Benz Best of the Best awards, and eight Cadillac Master Dealer awards.
Fiesta Motors, operating both as a retail and wholesale business, has become a formidable presence in Lubbock’s
Phil Lathrop at his dealership, VP Auto Sales.automotive landscape. With a sales split of 60% retail and 40% wholesale, the dealership consistently delivers outstanding results. Fiesta Motors has achieved an average yearly retail sales figure of over $20,000,000 and over $16,000,000 in average yearly wholesale sales.
The physical footprint of Fiesta Motors is equally impressive, boasting three sales locations — Fiesta Downtown, Fiesta On Frankford, and Fiesta on Q — as well as a dedicated Service Department. Their commitment to customer satisfaction and ethical business practices has garnered them thousands of 5-star reviews online, a testament to their dedication to fair treatment and exceptional service.
Paul’s influence extends beyond the showroom floor. He’s deeply involved in civic and community activities, serving as a past Board Member of Lubbock United Way and Chairman of the United Way Leadership Giving Division. He also co-founded “Backyard Missions,” a local non-profit that provides essential home improvements to those in need, reflecting his commitment to giving back.
Paul’s impact is not limited to his community; he’s also engaged in political service, currently representing independent dealers as a Member of the Texas Department of Motor Vehicles Board of Directors. Additionally, he’s been a longstanding supporter of Texas Tech University, contributing to various scholarship programs and the Texas Tech Red Raider Club.
Tommy’s automotive career began during his middle school years when he started pumping gas at his uncle’s Exxon station. This early introduction to the world of automobiles ignited his passion for the industry. Later, he worked for his father, R.D. Gregory, in his auto repair
Paul Scott speaking with a local legislator at the 2019 Lobby Day. Paul Scott with Rep John Frullo at TIADA Lobby Day in 2015.Paul’s journey from humble beginnings to becoming a prominent figure in the world of car sales exemplifies dedication, innovation, and a commitment to excellence.Tommy Gregory receiving the 2022 National Quality Dealer of the Year Award.
business. Tommy’s strong work ethic and commitment to learning led him to participate in a high school work/ study program, allowing him to gain hands-on experience in the automotive field while pursuing his education.
Continuing his pursuit of automotive excellence, Tommy earned his ASE (National Institute for Automotive Excellence) certification, eventually becoming an ASE Master Technician. His dedication
Tommy Gregory’s life and career embody the spirit of a Quality Dealer. His journey, from a young gas station attendant to a successful entrepreneur, is a testament to the power of determination.Tommy Gregory with Ricardo Gardea (Car Plus) at 2016 TIADA Conference and Expo.
to mastering his craft laid the foundation for his successful career in the industry.
The oil bust of 1986, with oil prices plummeting to below $10 a barrel, posed a significant challenge to West Texas. Tommy’s resilience and innovative thinking led him to explore other avenues to support his family. He recognized an opportunity in the oil field cars and trucks, purchasing, repairing, reconditioning, and selling them. In 1991, Tommy, along with his wife Wanda, took a bold step. They emptied their savings account to establish Abilene Used Car Sales alongside Tommy’s father. Tommy’s relentless determination and vast experience in auto repair fueled their growth. What began with a handful of cars a month at a repair shop soon transformed into a thriving independent used car dealership, a reconditioning facility, and a related finance company.
Beyond his dealership, Tommy and Abilene Used Car Sales are deeply involved in their community. They organize an annual backpack and school supply giveaway, ensuring that hundreds of children start the school year with essential supplies. Despite the challenges posed by the pandemic, they continued to support the Abilene Independent School District program for children in need. Tommy and his dealership have touched lives in various ways, from sponsoring local sports teams and trunk-or-treat events during Halloween to supporting at-risk families and participating in random acts of kindness, such as paying for groceries or gas for unsuspecting individuals. Abilene Used Car Sales also goes above and beyond to help customers in need, providing assistance during difficult times. Tommy is active with INDEPAC having served on its committee and always
a top donor to the advocacy efforts of TIADA. He is a deeply dedicated family man and attributes much of his success to his wife, Wanda.
Tommy Gregory’s life and career embody the spirit of a Quality Dealer. His journey, from a young gas station attendant to a successful entrepreneur, is a testament to the power of determination. His commitment to his industry, community, and customers showcases the impact one person can have when driven by a sense of purpose and a desire to make a difference. Tommy’s legacy is one of excellence, advocacy, and heartfelt generosity, leaving a lasting impression on all he encounters.
Armando Villarreal, the proud owner of McAllen Auto Sales, has a journey into the world of independent automobile sales that’s as unique as it is inspiring. Originally an engineer by trade, Armando relocated from Mexico to the United States, where he found his passion in selling cars, following the inability to find an engineering job due to the non-recognition of his foreign degree. His story exemplifies the entrepreneurial spirit and dedication that are hallmarks of Quality Dealer Award winners.
Armando’s journey in the automotive industry began in 1988 when he landed a job as a used car salesman at MCMC. His innate talent for sales quickly shone through, making him one of the top performers in just three months. His fascination with cars, combined with his sales acumen, had already paved the path for his future endeavors. After gaining valuable experience, Armando moved to McAllen, Texas, and took a position
Armando Villareal has been successfully running McAllen Auto Sales since 1995. Tommy and Jason Gregoryat the Mitch Ford Motor Company (not to be confused with the Ford Motor Company), where he managed a lot and honed his expertise in finance and contract sales. Armed with this newfound knowledge, he ventured into entrepreneurship and started his own dealership in McAllen, initially named A&J Motors, in 1995.
McAllen Auto Sales officially opened its doors in 1995 with just two cars and a steadfast commitment to providing affordable, reliable vehicles to the local community. Armando’s business philosophy has consistently revolved around catering to the needs of his customers, predominantly focusing on budget-friendly, dependable vehicles such as automatic four-cylinder cars. His understanding of the community’s economic dynamics has enabled him to tailor his inventory to match their requirements.
What sets McAllen Auto Sales apart is its dedication to customer satisfaction and loyalty. In the early years of the business, Armando personally oversaw the servicing and repair of his customers’ cars, often at reduced costs. This approach fostered trust and goodwill among his clientele, creating a loyal customer base.
Armando Villarreal, along with his wife Maria Elena, extends his generosity to support the less fortunate, even beyond the borders of the United States. They sponsor a school in a small town south of Monterrey, Mexico, ensuring that the students receive essential supplies, including pencils, pens, and even computers. During holidays, they organize giveaways to
spread joy within the community. McAllen Auto Sales, under Armando’s leadership, hosts an annual Halloween festival, where they bring in local vendors, for an event that is free to the public. They also hold Thanksgiving and Christmas giveaways.
Armando’s commitment to TIADA is evident through his longstanding membership, which dates back to 1995. His journey within TIADA includes serving on the board for the past six years. Armando believes in giving back to the industry that has shaped his life and success. He acknowledges that TIADA has played a pivotal role in his business’s growth and compliance with changing rules and regulations.
Armando Villarreal’s story exemplifies the spirit of Quality Dealer Award winners. His journey from a foreign engineer to a successful independent dealer showcases the resilience and adaptability that define a true entrepreneur. His commitment to serving his community, both locally and internationally, reflects a deep sense of social responsibility. Armando’s dedication to TIADA underscores his belief in industry cooperation and advocacy, ensuring that the independent dealer community remains strong and well-supported.
Armando Villareal and wife Maria Elena enjoying the Expo Hall at the 2015 TIADA Conference and Expo.
by Bill Springer President of DriveSure
Editor’s Note: **Please note that the information in this article is for informational purposes only; it does not and is not intended to constitute legal advice. For legal advice relating to this information, please contact a licensed attorney.**
Most dealerships today operate honestly, and wrongdoing is much rarer than it used to be. With that in mind, you would think dealerships are fairly safe from any legal trouble. However, from service departments to F&I, dealerships must follow a myriad of regulations to stay within the law, and even honest dealers make mistakes. Even without ill intent, a law broken is still a law broken, and costly legal action can follow. If a customer or employee files a formal complaint, it doesn’t make much difference to the government that the law was only broken accidentally.
To make matters worse, there are of course still people with unethical intentions. Sometimes it’s a single employee trying to cut corners or get ahead, and sometimes this behavior grows like a cancer in your company, where multiple people are working together. They’ll lie to customers, telling them optional purchases
are mandatory, or add in hidden costs for products the customer didn’t want.
In the service lane, issues often stem from a lack of designated safety responsibilities or neglecting to set up a formalized safety system. Employees are often tempted to ignore safety violations to save time, and these can cause major legal issues if left untreated (This is an unnecessary step for profitability, which can just as easily be achieved by expanding service lane capacity or increasing its efficiency).
To steer clear of these issues, dealers need to learn the most common mistakes to avoid, understand their own products better, and practice a level of transparency that might seem counterintuitive to some.
Let’s go over some of the most common areas to keep an eye on, and some steps you can take to prevent investigations and lawsuits from happening.
Most dealership-related regulations today focus on F&I, in part because there are so many more opportunities for scams to happen there. These issues are usually handled by your state’s Attorney General (AG), who has a great deal of authority to issue penalties for deceptive or unfair practices.
The second area dealerships get into trouble, usually with the Federal Trade Commission (FTC), is for misleading advertising practices.
Some potential legal issues include:
Discriminatory interest rate quotes
Payment packing (such as adding F&I products or services into a monthly vehicle payment, when the customer didn’t ask for them)
Engaging in unlicensed car sales
Selling unroadworthy vehicles or “lemons”
Making false statements about products, services, or payments to a customer (such as claiming it’s mandatory to buy gap insurance)
Running deceptive advertising
Inflating a customer’s income on a credit application (legal action here can even target managers who didn’t have direct involvement)
Separately, there are protections that expand to employees, such as by the Occupational Safety and Health Administration (OSHA). OSHA investigations usually happen when someone reports an imminent danger, or if a serious accident occurs on your premises. Most OSHA violations are fairly easy to fix proactively, but are often overlooked.
When OSHA comes to investigate, they don’t give you prior notice, so it’s especially important to stay compliant, even if you consider your workplace safe.
Some of the most common OSHA violations Service Directors should be aware of include:
Lack of slip and fall precautions (from lack of appropriate signage and equipment to unaddressed oil slicks on the shop floor)
A service bay hoist that doesn’t meet safety standards
Insufficient ventilation in the paint shop (or anywhere with gasses, vapors, smoke, aerosols, etc.)
Improper forklift use (such as not adhering to rules on maximum loads, vehicle speed, load balancing, operator training)
Improper installation or labeling of electrical wires (such as a lack of warnings)
Unlabeled or improperly labeled chemical containers (acids, disinfectants, glues, paints, etc.)
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Fire code violations (these can extend to other areas of your dealership too, such as file boxes stacked dangerously high, or blocked exits)
While there’s plenty you can do to reduce your risk of encountering legal trouble with the AG, FTC, or OSHA, it can mostly be broken down into 3 central areas: transparency, education, and proactively putting systems in place.
When it comes to customer protections, the best way to avoid trouble with the law is to be as transparent as possible. As a rule of thumb, anything that misleads customers has the potential to get you into serious legal trouble.
This requires you to honestly present terms and conditions of any transaction, for starters. If a customer might encounter any surprises that could lead to a complaint, that surprise is worth addressing.
On the admin side, transparency requires you to keep your deal jackets updated and accurate, showing any documentation and signoffs. If investigators arrive from the TxDMV or OCCC, this will be the first thing they look at, and doing these correctly can be what saves you.
Where the FTC is concerned, deceptive dealer advertising is low-hanging fruit. If they accuse you of it, you may not even have the funds on hand to mount a solid defense. Any misleading claims in your advertising is highly risky, no matter what your competitors are doing.
Sometimes when everyone has the best intentions, employee ignorance still causes issues. We’re all human after all, but oftentimes this ignorance is addressable.
For instance, less than 10% of F&I employees who present a contract to customers have actually read the contract. How are you supposed to accurately explain a contract if you don’t know what’s in it?
Learning proper compliance is essential. It may seem like a chore to review your products and contracts, or the relevant regulations in the industry, but it’s a much better use of time and resources to proactively learn how to be compliant now rather than deal with a lawsuit that might negatively impact your business later on.
F&I managers in particular need to educate themselves about the products they’re offering, because again, ignorance of the law doesn’t grant you immunity from it. For instance, legally you must itemize a customer’s monthly payments for their car, separate
from any extras. Failure to do so can have serious consequences.
In the service center, the same rule applies. Learn about the equipment your team is using, and the associated regulations with who can use it, how to use it, and the safety precautions you need to take.
Sometimes, in the event of a violation, investigators are more likely to forgive you (or reduce penalties) if they can tell you’re making a genuine effort to stay compliant.
An example of this might be setting up a system to handle customer complaints. This way, you can resolve problems before they get more serious, such as leading to the involvement of law enforcement. Mistakes happen, but they’re more likely to become real problems if negligence is to blame.
When it comes to workplace
safety, the same principle applies. Many dealerships establish a safety committee to designate who is responsible for monitoring potential violations. Ultimately, OSHA wants
to see commitment to safety. When you can present them with training records, formalized written programs, and evidence of an established culture of safety, a oneoff mistake becomes less of a problem. The absence of these practices is a big red flag for investigators.
Safety training programs need to stay up to date, and include any new hires along the way. An oversight here increases the risk of an accidental violation, such as when you fail to train a new employee on correct safety procedures or forget to update your training programs regularly.
Practicing fair and full disclosure is the best way to proceed. Failing to do so can not only cause expensive legal issues, but the bad experience also ruins customer trust in your company.
It will get publicized, and it will be embarrassing.
While some shady individuals might chase short-term gains in F&I, an honest and transparent culture leads to greater profits over the long term. This can seem counterintuitive, because many people falsely believe that compliance gets in the way of profitability.
However, consider for a moment the reputation of dealerships among consumers. People are distrustful, and have learned to expect some level of deceit. But when you stay compliant with laws, overdisclose costs, and avoid pushing products a customer doesn’t need, you get a massive credibility boost. People realize they can trust you, and as any seller can attest, a customer who trusts you is more likely to buy from you — whether it’s a new vehicle or an optional F&I product.
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Safety training programs need to stay up to date, and include any new hires along the way.
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Bforms. You are either convincing someone to buy the same product from you or convincing them to buy a different product from you, instead of your competition. Either way you look at it, all marketing, outside of your current customer base, should be considered conquest.
Some people might consider a person who owns your product, but purchased it from another independent dealer, a non-conquest customer, but they are not part of your customer retention program, so for our purposes, we will consider it conquest.
Going past the definition of conquest marketing, we will be looking more in-depth at creating conquest strategies and how to use different tactics. Then we will review some successful conquest campaigns we have used in the past.
Whether it’s a competing business or product you should definitely do your research, so you know what you are up against. This seems like a pretty basic step, but can often get overlooked.
The key to defining the customer is understanding their plight. You need to walk a mile in their shoes and know the problems they face or need to overcome. You can begin by segmenting your customers into buckets based on demographics or similar interests and then reorganize them by common problems.
Once you have clearly defined the target and the problem you hope to solve, now you can begin crafting the message. There are two important things to consider when creating a conquest message.
First, your message should be more focused on the benefits of buying from you specifically. Second, you will also have to include features and benefits that address a problem and solve it for them. In either case, this is the most important part of the conquest marketing strategy!
You should also think about the buying stages when creating your message. If your target is in the awareness and research stage, you can focus more on features. If your prospect is farther down funnel, price and value will come into play.
Most importantly, don’t forget about people in the post-purchase part of the funnel. If your product requires post-purchase service, then you have an opportunity to create a relationship, and at the end of the day, people buy from people they like.
Your service department is absolutely the most effective conquest
opportunity you have. In fact, there is an entire industry dedicated to this customer need. You can service almost any car at your dealership. Target the customers you want. Obviously it makes sense to target people driving the cars you sell, but what about targeting those you wish to sell to.
For instance, a dealer in a particular market can target a potential customer with an incredible service special that only they offer. Once they get to the dealership, you can
try and determine their equity position and make them an awesome deal. If they don’t bite, no problem. You are creating an extremely valuable marketing list. If they do, you traded on a competitive make, and you could also be building up a used car fleet for another conquest campaign (more on that in a minute).
Going back to conquest strategy development, think about how you can solve a problem. Look at competitive sales within a short distance to your dealership. Convenience is a huge factor when it comes to servicing your car. Think about what you can offer to make people’s lives easier.
Service Campaign Tactics: TV and Radio, Paid search, Display, Direct Mail, Email, Social, Geo-Targeting, Content Marketing, Video Pre-Roll
Fleet-Tail
Partner with local businesses, and offer their employees perks and benefits for doing business with your dealership. Now, this isn’t a new or revolutionary strategy, but I am surprised how few dealers dedicate resources to developing a good B2B program. The caveat to creating a fleet-tail program is commitment. You probably won’t see immediate results from a program like this, but long-term you can really reap the benefits.
Fleet-Tail Tactics: Direct Mail, Email, Personal Relationship Building, Social Media
Trade Campaigns
Trade Value campaigns are an absolute goldmine. It is easily worth 1–2 leads per day. Most dealers think that having a “Value Your Trade” page is enough. If you put a little paid search budget behind this, you can absolutely kill it.
The key to success is to create a custom form that requests the least amount of information possible and still provide you with enough to
have a meaningful conversation.
Trade Campaign Tactics: Paid Search, Display, Direct Mail
Used Conquest
First, the bait. Using paid search, target all searches in your area for a model on your lot. The goal is to offer a much better deal on that model than your competition. Create a custom landing page that focuses on the benefits of buying from you, but still shows off your inventory.
Benefit #1: Since you are targeting a similar search, your CPC won’t be nearly as high.
Benefit #2: There are no compliance rules regulating what you can price and sell another brand for.
Now the switch. Give them all the info on the used vehicle they wanted and offer a competitive deal. Either way, you can sell a car and get the opportunity to retain the service.
Used Conquest Campaign Tactics: Paid Search, Content Marketing
Special Finance Campaigns
Like the trade campaigns, special finance campaigns are great because
the potential customer isn’t looking for any particular brand or vehicle. They have a need, or a problem, and you can provide the solution. There are a lot of dealers who are not interested in special finance business. Certainly, for different reasons, that is understandable.
A certain percentage of people who need financing help are good customers and can become great customers. The question is, will they be your customer, or do you want your competition to get that business?
If you want to take it to the next level, you can create a program to help coach these people back to good credit standing. Not only will you create a good long-term sales funnel, but you will also be creating brand advocates and get a lot of local PR from it.
Special Finance Campaign
Tactics: Paid Search, Display, Content Marketing
Competitor Events
When your competition spends money to create awareness, it presents you with an opportunity to ride the wave.
While they are creating interest
for their product and/or brand, you can provide a competitive option. Create a specific landing page that highlights the benefits of your inventory over the competition. Don’t forget to provide your visitors with a logical next step, “Call Brian today at 555-555-5555 to answer any questions.” Or “Download our complete guide here.”
Before you launch your first campaign, take a little time to go through the research and setup process. It will seriously improve results. Now don’t wait around for your competition. Get started using these strategies and tactics to win your market today!
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LUFKIN DEALERS AUTO AUCTION
www.lufkindealers.com
2109 N. John Reddit Dr., Lufkin, TX 75904
936.632.4299
GM: Wayne Cook
Thursday, 5:30 p.m.
$AVE : $200
IAA PERMIAN BASIN*
www.iaai.com
701 W. 81st Street, Odessa, TX 79764
432.550.7277
GM: Sheila Gray
Thursday, 9:30 a.m.
$AVE : up to $200 Sell Fee
ADESA SAN ANTONIO**
www.adesa.com
200 S. Callaghan Rd., San Antonio, TX 78227
210.434.4999
GM: Clifton Sprenger
Thursday, 9:00 a.m.
$AVE : $200
IAA SAN ANTONIO*
www.iaai.com
11275 S. Zarzamora, San Antonio, TX 78224 210.628.6770
GM: Paula Booker
Monday, 9:30 a.m.
$AVE : up to $200 Sell Fee
MANHEIM SAN ANTONIO**
www.manheim.com
2042 Ackerman Road, San Antonio, TX 78219 210.661.4200
GM: Mike Browning
Wednesday, 9:00 a.m.
$AVE : $100
SAN ANTONIO AUTO AUCTION**
www.sanantonioautoauction.com
13510 Toepperwein Rd., San Antonio, TX 78233 210.298.5477
GM: Brandon Walston
Tuesday, 9:00 a.m
$AVE : $200
Tyler
GREATER TYLER AUTO AUCTION**
www.greatertyleraa.com
11654 Hwy 64W, Tyler, TX 75704 903.597.2800
GM: Wayne Cook
Tuesday, 5:00 p.m.
$AVE : $200
ALLIANCE AUTO AUCTION WACO**
www.allianceautoauction.com
15735 I-35 Frontage Road, Elm Mott, TX 76640 254.829.0123
GM: Christina Thomas
Friday, 9:45 a.m.
$AVE : $200
Wichita Falls
DAX of WICHITA FALLS**
www.daxofwichitafalls.com
NE W
2206 Sheppard Access Rd., Wichita Falls, TX 76306 940.720.0435
GM: Lisa Shelton
Every Other Wednesday, 5:00 p.m.
by John Frullo TIADA EXECUTIVE DIRECTOR
relationships while stepping away from the competitive environment of the auction lanes. It is an opportunity to enjoy some golf and beers as friends at the golf course.”
From all accounts, President Stark was spot on. In addition to shoring up the chapter’s financials, they have donated thousands of dollars to organizations such as The Child Crisis Center, Rancho Los Amigos, The Rio Grande Cancer Foundation, and the Center Against Sexual & Family Violence, to name a few.
The beautiful yet unforgiving Painted Dunes Desert Golf Course was a postcard picture of the type of course you would expect in the high desert. As one entered the clubhouse, the smell of authentic Mexican food permeated the air, with old friends catching up, new friendships starting, and the expected “smack talk” of golfing prowess
being bantered about. As you would expect from automobile dealers, there were some very nice cars parked outside of the range of stray golf balls to view on this “Chamber of Commerce Day” of mild weather that, uncharacteristically of El Paso, was kicked off by a light rain and a colorful rainbow in the western sky.
The fact that our team did not even receive a “participation trophy” for our efforts was not totally unexpected. However, the prior day was an exciting “Win” as Cesar and Jose “Pepe” Munoz took Eddie and me to several dealerships to highlight a few of the great businesses in the city. I would suggest that if you have not attended this outing, you should consider it. You will find a great time in a fun atmosphere with super folks who help the industry and some great charities.
One of the quickest ways to ruin a dealership’s profit margin is to be hit with a fine from a regulatory agency, or to lose a lawsuit filed by a customer. This seminar will focus on the practical side of compliance that understands you have a business to run — and you want to run it right.
This seminar from TIADA attorney Michael W. Dunagan is the final answer in BHPH compliance. Mike speaks dealer, and with 45 years of experience representing hundreds of BHPH dealers, he knows your business inside and out.
Attend this workshop and learn all about:
• How to prepare for (and survive) an OCCC exam
• What to do when the Bankruptcy Notice arrives
• Repossessions: from A to Z
• Properly handling financing on repairs
• Real-life DTPA court cases
• Body shops, mechanics, towing and storage issues
A Lien Holder’s
Time 9:00am - 4:00pm
Cost
$249 Members, Each Additional $199 (must be from same dealership) $498 Non-members
Sponsored by:
• TxDMV Enforcement –Title Management Issues
• Most common advertising violations
• Your right to insurance proceeds
• Using the courts to get your car back
• Procedures to stay off the CFPB’s radar
• Techniques to avoid
• Specific lien-protection steps
• Federal regulations affecting BHPH dealers
• Alternatives to traditional insurance
• Most common OCCC customer complaints
• How to respond to an attorney demand letter
• Dealer issues in Comptroller audits
Monday, December 4, 2023
Houston, Texas
Location TBD
consumer lawsuits
