Compliance

Stolen Any Good Forms Lately?

Thomas B. Hudson - “No. Why should we pay ABC Forms Company 58 cents a form for those things? My brother-in-law says he knows a printer who’ll run them off for us for 12 cents each. Give me a copy of one of the ones you have left, and I’ll get us a bunch made.”

Winding Down Your New Car Dealership

David Keller - What a month it has been! For the past three to four weeks, we have been busy assisting our GM dealers who received a “non-renewal agreement” letter to effectively close their new GM franchises down by October 2010 ...

Ka-Boom

Thomas B. Hudson - I was conducting an on-site dealership compliance audit of a buy here pay here store, looking over the dealership’s sales and F&I process from A to Z in an effort to decrease the dealership’s potential liability for violations of state and federal law. It’s a good thing that it was only lil’ ole me probing this dealership’s operation. If, instead, an FTC SWAT team had descended on the car lot, the dealer would be out of business ...

A Diminishing Cash Position

David Keller - This past year, most dealers struggled to make a profit or attempted to keep losses at a minimum, conserve cash and basically just stay alive. They were hit with some strange tax consequences generated by the headlines noted earlier in this article. Used vehicle wholesale prices, in most instances, were drastically reduced at December 2008 versus December 2007 due to diminished demand from customers. This resulted in LIFO income, rather than normal LIFO expense ...

The Internet and Its Effect on Accounting Departments

Dave Keller - You, your accounting personnel or your accountant can access your data from any Internet connection using communication software such as PC Anywhere, VPN, VNC and terminal services connections. This enables real-time analysis of your dealership data with your accounting personnel. The Internet also lets you download the data to other software or third-party vendors you have authorized to receive your data ...

Warning Bells: The Internet, Pricing and Discounting

Thomas B. Hudson - "Dolly" saw a 2006 Nissan Murano advertised on the Internet. When she contacted the dealer about the car, a dealer representative quoted the purchase price as $15,500. When Dolly drove to the dealership to pick up the car, a second representative told her the purchase price was actually $21,500. “Molly,” Dolly's sister, agreed to act as a co-signer so that Dolly ...

The Bank Defrauded, So I get a Free Car

Thomas B. Hudson - The bailout mentality seems to be everywhere. Here’s an example. Customers borrow money from a bank to finance their car purchases. They default on their loans, and the bank undertakes court actions to recover the vehicles. The consumers discover that the loan officer they dealt with had pled guilty to defrauding the bank. The consumers decided that was reason enough to let them keep their cars ...

Thoughts on the New and Used Vehicle Market

Dave Keller -Chrysler and GM have yet to prove how eliminating dealers is going to save them to a profit. They should let the economics of business weed out the dealers who are not profitable. Sooner or later, the non-profitable and under-capitalized dealers won’t be able to ...

Hangin up the Keys

Ron Smith - If, for whatever reason, you have decided that the time has come for you to exit the industry as a franchised new car dealer, the following is a very brief synopsis of things to consider. The following is a checklist I have given to some clients considering exiting...

Your Vendor Agreements

Dave Keller - ... dealers use many third-party vendors which have DMS access for downloading information to their software to furnish dealers with add-on products and/or reports. Maybe it is time to inventory all these programs to find out if you are still utilizing them and if ...

How Employee F&I Fraud Can Come Home to Roost

Thomas B. Hudson - So, your dealership’s employee dummies-up a credit application with bogus income information in order to get the bank to buy the deal, enabling the employee to earn his commission. No one else at the dealership is aware of the fraud. Then, the employee’s acts are discovered ...

The Misdiagnosed Dealer Plague

David Keller - I have talked to many banks in the past few months, and guess what? They don’t seem to be in the business of loaning money anymore. Seems strange, as they should have a hard time making a profit if they pay depositors and...

Good Lawyering Pays Off in Defense of GAP

Thomas B. Hudson, Esq. - Lawyers who make their livings suing car dealers have latched onto yet another way to get their hands into dealers’ wallets. A slew of class action lawsuits around the country allege claims against dealers when...

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