Thomas B. Hudson, Cathy Brennan - Often a plaintiff’s lawyer has a choice about where to file his or her client’s lawsuit. Those choices can involve whether to file the suit in state court in an urban or rural county or whether to file the action in a federal court rather than in a state court.
David Keller - Review your year-to-date income statement as compared to the prior year, specifically whether vehicle gross profit percentages remained consistent or were lower than the prior year.
Thomas B. Hudson - When we do a dealer F&I compliance audit, one of the things we do is to go dumpster diving, or at least “trash can rummaging.” That’s because there seem to be an awful lot of dealers out there who haven’t yet gotten the word that we have laws protecting the privacy of their customers.
David Keller - During the course of a year, accountants are asked many different questions. Some of the more frequent questions are: What should I pay myself for salary? What should I pay myself for rent, and what should the lease term be? Should I consider starting a buy here pay here (BHPH) operation if I am a new car dealer? Getting to the FAAQs
Thomas B. Hudson - There’s “new,” and there’s “used,” but sometimes even a seemingly black-or-white determination like this can turn more than a little bit gray. Here’s one court’s attempt to resolve the question of, “How new must a car be to be ‘new?’”
David Keller - On November 6, 2009, the President signed the Worker, Homeownership, and Business Assistance Act of 2009 (WHBAA). This and many other factors can affect your business’ taxable income for 2009 and beyond. Some of the below changes are beneficial, and some are not.
Thomas B. Hudson - The old adage says there’s more than one way to skin a cat. The following plaintiffs sought to have the court hold the dealer liable for their injuries. First, they claimed that the dealership couldn’t disclaim the implied warranties of sale with respect to a safety defect.
David Keller - I just finished attending a couple of conventions where I spoke on various expert panels and met with hundreds of dealers. I have spent many hours on the phone with dealers who have called wanting help to “stay alive.”
Thomas B. Hudson - Could we make this stuff up? The plaintiff thinks that “certified pre-owned” means “new,” is handed a CARFAX report by the dealer that shows two accidents for the car, but relies on a salesman’s assertion that the car has been in only one wreck and drives the car 80,000 miles before suing the dealer.
David Keller - As we all know, 2009 is a year we are willing to lock away in the attic and forget. There have been many changes in management styles, efficiencies, inventory values, personnel, sales, income, et cetera this year, and there will probably be more to come in 2010.
Thomas B. Hudson - I’ve done a bit of sailboating on the Chesapeake Bay, and the current mess in Washington brought back a memory from those sailing days.
Thomas B. Hudson - “Throw enough of it against the wall, and something will stick,” says the adage, and plaintiffs’ lawyers heed that advice. In a recent case, the lawyer claimed that the dealer violated the Magnuson Moss Warranty Act’s (MMWA) anti-tying provisions, and also claimed that the MMWA violation constituted a separate violation of a state “unfair and deceptive acts and practices” or “UDAP” law.
David Keller - Now the Cash for Clunkers promotion is over, you can breathe a little. Wrong! You’d better get going and decide what to do now that customers are not walking rapidly into your store ready to sign contracts without expending a lot of sales effort or advertising on your part.
David Keller - The most important, and very disturbing, thing I see happening in the automotive industry right now is the lack of lenders willing and or able to loan funds to dealers to capitalize their operations, finance a dealership purchase or new equipment, or just loan money on existing collateral.
David Keller - Here we are and our automotive world has changed so much we hardly recognize it anymore. Who would have thought a few short years ago we’d be in this spot today?
Dealers and F&I professionals from across the nation gathered at the Caribe Royale Orlando on Monday, Oct. 8, for Compliance Summit 2018. Attendees enjoyed a full day of advanced training, keynotes, and networking sessions, followed by Automotive Compliance Education (ACE) certification on Tuesday.
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