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Preapproval of Dealership Ownership

December 23, 2013

Some franchised dealers find it advantageous for a senior manager to have “skin in the game” – an ownership interest in the dealership that enhances the manager’s rewards and risks because of the dealership’s performance. 

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Short Cuts

December 23, 2013

New I-9 Form Dealers know that their packages for new hires must include an I-9 Form to verify the identity and eligibility of employees hired. The supplies of forms that dealers have in inventory may

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Dealership Real Estate Lease In VA

December 23, 2013

Common law gave a landlord a lien to sell abandoned personal property left on rented or leased premises by a former tenant to cover unpaid rent or damages to the property. Over the years, states

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Selling a car on eBay

December 23, 2013

One of the primary concerns of dealers doing business on the internet should be where problems with a sale are resolved. Can the dealer be sued in some court in a faraway state where a

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Downpayments – Does your Policy match your Master Agreement Requirements?

December 23, 2013

If a customer must stretch to come up with a downpayment by using a credit card or a hold check, does that pose a risk for your dealership? Apparently more than many dealers realize. A

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The Blind Leading the Sighted

December 23, 2013

What do you call it when people who know little about an industry insist on telling those who know a lot how the industry should operate? In the federal government, it is called “business as

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Short Cuts March 2013

December 23, 2013

FTC Requests Public Comments on Used Car Rule Revisions On December 4, 2012, the FTC sought public comment on proposed changes to the Used Car Buyers Guide required by the Used Car Rule.  In effect

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Credit Card Surcharges

December 23, 2013

In recent weeks, dealers have been excited by the news headlines that businesses can begin surcharging their customers for credit card purchases.  Credit card issuer rules have always been a thorn in the side for

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Trust but Verify

December 23, 2013

When asked for the one piece of advice to give to a dealer on franchise relations, President Ronald Reagan’s often repeated phrase that characterized his relations with the Soviet Union is a good choice –

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Lucky 13 in ’13

December 23, 2013

Oh, what a difference a few years make.  In late 2008, many auto pundits lamented that we might never again see sixteen million annual new vehicle sales.  Proving that their memories are as faulty as

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Advertising and the Feds

December 23, 2013

You have probably been reading a lot lately about the Consumer Financial Protection Bureau (CFPB). Its regulation of the companies that provide financing and leasing for your customers will have an impact on your business

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Government Shortcuts

December 23, 2013

Federal Update   • The Consumer Financial Protection Bureau has issued regulations revising the summary of Consumer Rights Form that must be used by employers who do background checks. Under the Dodd-Frank financial reform legislation,

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Regulatory Updates

December 23, 2013

VADA Navigates the Virginia Regulatory Maze for Virginia Dealers VADA is involved in many types of issues outside the legislative process that could have negative impacts on our dealer members. Here are several matters that

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Health Care Reform Update 2013

December 23, 2013

Required Notices to Employees and Dependents  Please contact your carrier or employment law attorney or trusted benefit advisor if you have questions about these notices. VADA Insurance is here to guide our clients and association

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12 for ’12

December 23, 2013

2011 was a better year for car dealers, and dealers hope that business will improve in 2012.  Despite continuing weakness in the general economy, customers are making their way to dealers’ showrooms.  There are a

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OSHA’s Top 10 Violations List for 2011

December 23, 2013

Attention Dealers!!   OSHA recently announced its top 10 most frequently cited violations in America’s workplaces.  Every year, OSHA compiles injury information from businesses across the country to identify injury trends, the costs associated with these

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Three Little-Known Factoids that TEAM VADA Members Need to Know…

December 23, 2013

What you don’t know can hurt you! In the car business ignorance is not bliss!  Not knowing and benefitting from the challenges and troubles of your brother and sister auto dealers can only lead to

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Supplier Contracts: Why Choice of Law, Venue, and Jurisdiction Matter

December 23, 2013

A common provision in contracts that dealers sign with suppliers covers choice of law, venue, and jurisdiction. Generally, supplier contracts provide that the law that will be applied to any dispute is that of the

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Manufacturer Construction Deadlines

December 23, 2013

Any new car dealer who has gone through the process of building facility improvements to meet a manufacturer’s requirements knows about “that letter” – the agreement letter by which the factory magnanimously lets the dealer

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Manufacturer’s Audit Completed: Now What Do You Do?

December 23, 2013

Your dealership has just been though an audit by your franchisor. You and your team sat with the auditor, you received a recap of the findings, and the amount of the chargeback was presented to

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Seal Your Information Leaks

December 23, 2013

There are a lot of marketers out there claiming that they perform magic. There is no end to those who claim to have a secret formula to get customers to flock to your showroom. Whether

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Bank Fees: They’re Not Just for Consumers Anymore

December 23, 2013

There has been a great deal of publicity concerning fees that financial institutions have sought to impose as a result of new laws such as the Dodd Frank financial reform legislation. Sometimes, the fees have

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Once Again, Know Your Customer

December 23, 2013

The Federal Trade Commission’s Red Flags Rule requires a dealer to know its customer in a credit transaction.  For a number of reasons, it is important that a dealer know its customers no matter what

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Employment Laws Every Manager Should Know – Part 1

December 23, 2013

This is the first of a two-part series dealing with federal employment laws.  It is critical that employers comply with these regulations to provide fair treatment to employees and to avoid costly penalties in the

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Backdating is Often a Management Issue

December 23, 2013

There has been a substantial amount of publicity recently concerning backdating retail installment sale contracts. The practice can lead to serious problems. The problem can arise when a dealership spot delivers a vehicle to a

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Census Results May Affect Your RMA

December 23, 2013

The results of the 2010 federal census are finally making their way into some manufacturers’ relevant market area descriptions for dealers.  This could impact the measurement of your sales efficiency.  The make-up of your RMA

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FTC to Dealers: “Pay Us a Penalty No Matter How Much You Owe”

December 23, 2013

You’ve seen (and maybe even used) ads claiming that a dealer will pay off customers’ trades no matter how much they owe. The Federal Trade Commission has announced consent agreements with five auto dealers who

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Generation Gap May Cause Workplace Conflicts

December 23, 2013

We as know, distinct differences often exist in the values held by members of a one generation compared to the values of a different generation.  Individuals experiencing the great depression have a different perspective than

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Healthcare Costs for American Families Jump in 2012

December 23, 2013

Healthcare costs for a family of four will exceed $20,000 annually in 2012 for the first time, as reported by Milliman Medical Index (MMI). This is a 6.9% increase over 2011 and an increase in

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Hiring Winning Talent

December 23, 2013

In its most simple definition, talent is any individual who has the capability to make a significant difference to the current and future performance of the organization. It is no wonder that more and more

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Franchise Law: It’s Never too Early to Derail Termination

December 23, 2013

The best strategy for protecting against a franchise termination is to aggressively make your case when you get the first factory letter critical of your performance. If you wait until the termination notice is issued,

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Protect Your Right to Spot Deliver

December 23, 2013

Have you noticed the upsurge in publicity concerning so-called “yo-yo sales”? About how oppressive and damaging they are for consumers? Do you think it’s a sign that these problems are suddenly multiplying? It is not.

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Physical Protection of Your Dealership Data

December 23, 2013

Whenever a factory repurchases a dealer’s franchise, it always wants a computer readable copy of the dealer’s customer information. Dealers often ask why, since the factory already has information on every customer who bought a

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Supplier Agreements – Indemnity Provisions

December 23, 2013

From time to time, we like to cover critical issues in supplier agreements to which a dealer should give attention. This month we will cover indemnity provisions. What is an indemnity provision? It is an

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Dueling Dealers

December 23, 2013

Two Toyota dealers in overlapping markets have been involved in overly aggressive competition that has led to lawsuits, and their activities provide lessons for all dealers. One of the cases has had significant publicity. A

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Performance Evaluation Traps

December 23, 2013

This time of year, many organizations begin implementing a year-end performance evaluation process for employees.  Supervisors should understand that this is a critical responsibility, and they should be careful to avoid the following common traps

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Get Ready for Tax Changes on July 1st

June 10, 2013

VADA will be conducting its annual Legislative and Legal Update webinar on Tuesday, June 11th from 11:00 am until 1:00 PM covering issues such as the comprehensive bill to increase transportation revenue.

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Preapproval of Dealership Changes in Virginia

June 10, 2013

Learn the advantages and disadvantages of having “skin in the game” – an ownership interest in the dealership that enhances the senior manager’s rewards and risks.

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How to Handle New Vehicle Damage

June 10, 2013

Virginia Code 46.2-1571 governs the procedure for damage to new vehicles as follows: D. On any new motor vehicle, any uncorrected damage or any corrected damage exceeding three percent of the manufacturer’s or distributor’s suggested

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Help us help you by participating in the 2013 NADA Workforce Study

June 10, 2013

The NADA Workforce Study is now available online and we need your dealership(s) to participate. Participating dealers will receive their dealership-specific Basic Report and Industry Report at no charge.

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Dealership Real Estate Lease

June 10, 2013

Include a Waiver of the Landlord’s Lien Common law gave a landlord a lien to sell abandoned personal property left on rented or leased premises by a former tenant to cover unpaid rent or damages

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