oregon dealer news march 2011 - oiada.memberclicks.net · oregon dealer news march 2011 ... school...
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www.oiada.com - 1-800-447-0302
March 2011
Oregon Dealer News Oregon Independent Automobile Dealers Association
www.oiada.com 800-447-0302
September 2012
Representing all Auto, Truck, Trailer, RV, and Power Sport Dealers of Oregon
56th Annual Oregon Quality Dealer of the Year Banquet [p3]$1,500 Scholarship Opportunity [p5]2013 Oregon Quality Dealer of the Year [p7]
56th Annual Oregon Quality Dealer of the Year Banquet [p3]$1,500 Scholarship Opportunity [p5]2013 Oregon Quality Dealer of the Year [p7]
SIDET H I S I S S U E
Political Action Committee .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1
Shifting Gears with the President .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3
$1,500 Scholarship Opportunity . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 5
2013 Oregon Quality Dealer of the Year .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7
Risk Based Pricing .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9
Know Your Power of Attorneys .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .10
Education Class Schedule . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .14
Ask Val .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .16
Oregon Dealer News Corner .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .18
OIADA must be a constant presence in monitoring current legislation within our state. We need to interpret legislative activity that may impact our industry. It is the association’s responsibility to maintain an ongoing relationship with governmental officials and regulatory agencies. Your voluntary PAC contribution helps our legislative representatives work for you, the independent auto dealer. OIADA has worked on many issues affecting dealers such as stopping the 3 day right of rescission, getting temporary motorcycle permits that actually fit on the rear plate area, extension of DEQ slips from 90 days to 180 days, all new broker disclosure forms, new silver dealer plate that makes us really look like a dealer, opposing no sales on Sunday, saying no to a big increase in DMV fees, as well as ongoing dealings with regulatory agencies, just to mention a few. An added benefit to making a political contribution is the Oregon Tax Credit. You can take this directly off your state tax liability. The credit is $50 for an individual and $100 on a joint return.
We thank you for understanding the importance of a strong presence within our Legislature. Please remember the next time you renew your membership to consider your PAC contribution. Po
liti
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2 | OIADA September 2012 OIADA September 2012 | 3
oiaDa Staff
Oregon Dealer News is a publication of the Oregon Independent Auto Dealers Association, 1475 Capitol St. NE, Salem, OR 97301 and is published every month. The association was established in 1948, chartered as a non-profit organization in Oregon and is affiliated with the National Independent Auto Dealers
Association. Advertising rates may be furnished upon request.
~
The statements and opinions expressed herein are those of the authors and do not necessarily represent the views of the Oregon Independent Auto Dealers Association. Likewise, the appearance of advertisements or the identification as members of OIADA does not constitute endorsement of the products or
services featured.*For advertising information please contact OIADA at
800.447.0302
Wendy Riggi, office [email protected]
Valerie DominiciDealer [email protected]
Committee ChairsLegislative: Lisa LarkinEducation: Vince PowellImage: Tom CollierMembership: Brian HardyPast Presidents: Glen Rardin
Gary Sargent,President
Sargent’s motorsports10207 Se Foster Road
Portland, oR 97266503-775-9445 Fax 503-777-9886
Cell [email protected]
Dan nicholson (CMD), executive Vice President
Central oregon motors1123 n 6th Street
Redmond, oR 97756541-923-3961
Bryan Steward, 1st Vice President
aaa oregon autoSource6 SW Centerpointe Dr. #100
lake oswego, oR 97035503-973-6570 Cell 503-709-3835
2012 oiaDa executive Committee
Doug Blizzard2nd Vice President
Blizzard motors, inc.1604 e. Burnside
Portland, oR 97214503-238-5510
tommy WilsonSecretary
tommy Wilson motor Company, llC/9215 SW Canyon Rd.
Portland, oR 97225503-629-6000
“Shifting GEARS” With the President
Gary Sargent Sargent’s Motorsports 503-969-5228
Join Us for the 56th Annual Oregon Quality Dealer of the Year Banquet!Saturday, November 3rdThe Benson Hotel
309 SW Broadway Portland, OR 97205- 3pm Trade Show/Wine Tasting/Hors D’oeuvres
- 6pm Annual Metting/Election of 2013 OIADA Officers/OIADA Update
- 7pm Quality Dealer of the Year Dinner
- 8pm Live OIADA Scholarship Auction
- Registration is $25 per person and Includes Plated Dinner, Salad, Desert, Wine Tasting and 2 Free Drink Tickets
- Come support our past, present and future Oregon Quality Dealers!
- Limited seating available so call OIADA office for registration and questions (503) 362-6839
OIADA September 2012 | 5
$1,500 Scholarship ApplicationOregon Independent Auto Dealers Association
Deadline: October 15th, 20121. To be eligible, you must: (a) be a High School Senior in the year previous to the award, (b) be the son or daughter of an OIADA member in good standing for a minimum of 2 years, (c) possess an excellent High School record of academic achievement measured by your performance in valid
secondary school courses including English, Mathematics and Physical Sciences, (d) demonstrate an aptitude for college work which will be measured by performance on the Scholastic Aptitude
Test (SAT).2. Please complete this form and return it to the Oregon Independent Auto Dealers Association by October 15th,
along with a photo at least 3” x 5” (larger preferred), High School transcript and Scholastic Aptitude Test scores. You may also include Letters of Recommendation from your High School principal, teachers, clergy, employers, etc., to a maximum of 5 letters. All information supplied by you is for use by the Selection Committee of OIADA and will be treated as confidential. (The Willamette University Office of Admissions acts as the Selection Committee)
3. Be sure that you have filed an application for admission to the accredited college(s) of your choice. It is the nominee’s responsibility to make all arrangements for college admission.
4. Attach a statement of the applicant’s major interests, future plans and goals.5. Attach a statement of the applicant’s extracurricular activities, offices and distinctions.6. Attach a statement detailing to which colleges or post secondary education institutions to which you have applied for
admission.7. A scholarship will be awarded in the amount of $1,500. The scholarship will be funded to the institution upon
notification of enrollment by the college. Scholarships are for education tuition, fees and books only, and if not used for education purposes are to be refunded to the Association. Scholarship awards are made at the OIADA Annual Convention in November. The winner of this scholarship will be notified in advance.
APPLICATIONDate of Application __________________
Name: (First, Middle, Last) _____________________________________________________________________
Home Address ____________________________________________ Phone # _________________________
City _____________________________________________ State _____________ ZIP ___________________
High School last Attended _____________________________________________________________________
Dates of Attendance ____________________________________Date of Graduation ______________________
Other High Schools Attended __________________________________________________________________
Parents Names ______________________________________________________________________________
Member Business Name ______________________________________________________________________
OIADA September 2012 | 76 | OIADA September 2012
OIADA Members:Once again it is that time of year for OIADA members to nominate a fellow
dealer for consideration as The Oregon Quality Dealer of the Year! We will be naming that dealer the 2013 Quality Dealer to match up with the NIADA award process.
The 2013 Quality Dealer winner will go to the NIADA Convention in June of 2013 for consideration as the National Quality Dealer, with hotel, travel and registration for the Quality Dealer and spouse paid by the Association.
Below are the Quality Dealer nomination prerequisites Image Committee outlined to choose the Quality Dealer of the Year.
Quality Dealer Award ProcessAny member of OIADA may submit a nomination for Quality Dealer. From
the nominations, the Image Committee shall select the State Quality Dealer.
Qualifications: • At least 5 years as a successful independent dealer• Recommendation from any OIADA member dealer• Attractive appearance of lot and inventory• Involvement in civic and community affairs• Ability to attend the OIADA and NIADA Conventions
We must have your nominations in to the OIADA office as soon as possible, and further information can be developed and received for proper consideration in the selection of the State Quality Dealer.
How do you nominate a dealer? Just call the OIADA office to make or fill out the form in your monthly magazine. The staff takes care of the details.
If you have any questions please contact Tom Collier at 541-317-3403 or OIADA at the Salem office at 1-800-447-0302. Deadline is __________ for nominations.
Thank you for your participation in this honored event.
Name of Nominee:_____________________________________________
Dealership:____________________________________________________
JuneAlbany Auto SalesAtlas Motors LLCAuction Services of America, Inc.Auto Liquidators of OregonCar Smart, LLCCross Point NW Dealer Auctions LLCDon Johnson Auto WholesaleE T & Auto IIElite Auto WholesaleGeneral EquipmentHappy Motors Inc.Itel & ItelJeff D. McClellandM J L Leasing IncO K Motor SalesOntario Auto BrokersOregon Roads IncQuality SpecialistsRollin’s Motor Co.SmartWay AdvisorsSouth Pacific Auto SalesStar Body WorksStolz Motors, LLCThe Equipment CenterTHE OREGONIANTonnings Auto Wholesale
JulyAutomotive Profit BuildersAutonet, LLCAutoSports of OregonB & R Auto Sales & WreckingBend Park and SellBrady MotorsCredit Union Auto BrokerD E A LDan’s AutomotiveDealers Auto Auction Exclusive Motors LLCFoster Auto Parts IncGlenwood Foreign Auto PartsHecht & Hecht Insurance AgencyH-H AutoHillsboro Auto WholesaleLight Truck SalesManheim Portland Auto AuctionMike Milam Auto WholesaleMike Walsh AutoNationwide Northwest LLCNorthwest Auto BrokersProtective-Asset Protection DivisionSeabreeze MotorsSeaport Auto Wholesale Inc.Strick Family Auto WholesaleSuperior Motors Inc.Tims ToysVans and More Auto Sales, Inc.W W Auto Woodburn Auction
June and July New & Renewing Members - OIADA Thanks You! 2013 Oregon Quality Dealer of the Year
8 | OIADA September 2012
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UCC-OIAD0112.Orgeon.pdf 1 1/5/12 4:43 PM
A recent federal court ruling upheld at the Federal Trade Commission’s requirement that an auto dealer who uses a credit report to offer materially less favorable credit terms to buyers but does not directly obtain credit reports in three-party financing dealers must nonetheless provide a risk-based pricing notice to those consumers.
Congress passed the Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”) with a stated goal of improving the use of, and consumer access to, credit information. The FACT Act amended existing federal law by providing consumers with a risk-based pricing notice when those consumers are offered credit at “materially less favorable [terms] than the most favorable terms available to a substantial proportion of consumers.”
The risk-based pricing notice is designed to alert consumers to the potential existence of negative information in their credit reports so they can check their credit histories and correct any inaccuracies. Through the notice, the creditor is required to inform consumers that information in a credit report was used in settling the interest rate, along with how the consumers can obtain their credit report and how false or incomplete information can be corrected.
The FACT Act directed the FTC to enact regulations that would carry out the risk-based pricing requirements in the law. The FTC published a proposed rule and solicited comments from interested parties.
NIADA, NADA and other industry groups submitted comments to the FTC contending that dealers should be exempt from providing a risk-based pricing notice when the
dealers engage in three-party financing transactions.
The FTC rejected that argument and took the position that dealers use the credit reports to determine which third-party financing source to approach for financing, even if they do not set the risk-based price.
Shortly after the rule took effect, NADA sought formal guidance from the FTC on whether that requirement applied to auto dealers who are initial creditors in three-party transactions and do not obtain a copy of the credit report, but instead leave it to the financing sources to obtain one. NADA argued that in that scenario, the financing source usually obtains the consumer report but the auto dealer does not, and therefore the dealer is not actually “using” the report.
In an amended rulemaking process, the FTC rejected that suggested interpretation of the word “use” and expressly required dealers to provide the risk-based pricing notice even when the dealer does not directly obtain the credit report but instead takes action based on the decision of a third-party financing source that relies on the consumer’s credit report.
NADA sued the FTC over its interpretation, arguing the FTC exceeded its statutory authority to promulgate the rule and the interpretation was arbitrary and capricious. On May 22nd, U.S. District Judge Ellen Segal Huvelle held the FTC’s interpretation did not exceed its statutory authority. The judge stated that the FTC position was reasonable because it was consistent with the FACT Act language and “goal of increasing consumers’ access to accurate information about their credit reports.”
The court also said the FTC’s position was reasonable because it avoided the possibility of the consumer receiving multiple risk-based pricing notices or, worse, none at all. The judge found the FTC’s approach avoided an incentive for creditors in other industries to arrange financing through third parties in order to avoid being required to provide the risk-based pricing notice.
The court recognized that the FTC’s interpretation can create inconveniences for dealers because dealers might now have all of the information on hand for the risk-based pricing notice, a point which the FTC concurred. However, the court agreed with the FTC that dealers have pre-existing channels of communication with financing sources such that the dealer could get the consumer’s credit report information from the financing source.
Though our colleagues at NADA valiantly attempted to get the FTC’s interpretation set aside, the result is every dealer engaging in three-party financing is required to provide a risk-based pricing notice to its customers when offering materially less favorable credit terms to buyers based on a credit report, regardless of whether the dealer actually pulls the credit report or it is pulled by a finance source. Dealers should ensure their relationship with their third-party lenders is such that the financing source will provide the information necessary for the dealer to provide an accurate risk-based pricing notice.
Shaun Petersen is a partner with the law firm of Mac Murray, Petersen & Shuster LLP and head of the firm’s automotive practice. He is legislative/regulatory/compliance counsel to NIADA.
Risk-Based Pricing Noticed in Three-Party Financingby Shaun Petersen
10 | OIADA September 2012
We get asked quite frequently, by new dealers especially, what exactly a power of attorney form is, what the difference between is between a special and a secure POA, how to know which one to use and when. The following information is available to you at any time via the Oregon DMV’s Title & Registration Handbook—which you should have, update, and reference at all times! This information describes the Secure POA form and the different types of non-secure POA’sPower of Attorney (POA)
A POA appoints, to a specific person or entity, authority to act on someone else’s behalf.
This person or entity is an “agent” or an “attorney-in-fact.”
The agent may use a POA to release interest in a vehicle, to disclose odometer, or to sign the application for title and other forms. The agent must exercise the POA on the title or other document.
Only the agent granted power of attorney may use the POA. The agent may only use their authority in the way specified on the POA.
Secure POA The use of a secure POA form is allowable only when
the title is not available because it has been lost or is in the possession of a security interest holder.
Using the secure POA for lost titles If the title for a vehicle that is subject to odometer
requirements is lost, and the seller (owner) has traded it in or sold it, the seller can appoint the buyer (dealer) power of attorney. The dealer can use the secure POA to apply for replacement title on behalf of the owner of record. DMV will issue the replacement title in the name of the owner of record.
The dealer can have the replacement title mailed directly to their dealership’s address.
Complete the one-time mailing address area on the Application for Replacement Title,
Form 735-515, with “c/o” and the dealership’s address.
When the dealer receives the replacement title, they must
exercise the secure POA on the title. The dealer records the odometer disclosure and releases on the back of the title itself as named attorney for the owner shown on the title.
Using the secure POA when title is held by security interest holder If a security interest holder holds a title, a secure POA can make possible the odometer disclosure between the seller and buyer: 1. The owner (seller) shown on the title completes the
odometer information on Part A of the secure POA and signs the form.
2. The buyer also signs Part A. 3. When the buyer receives the title from the security
interest holder, the buyer as named attorney discloses odometer for the seller, by POA, and as themselves as buyer.
Required information on the secure POA The following is information required on the secure POA: • A vehicle description that clearly identifies the
vehicle. This must include at least the plate number or VIN.
• Printed names, signatures, addresses of buyer and seller, and date of sale.
• Certification of the odometer reading on the title compared to the odometer reading on the POA. (This is Part C on the Form. Complete Part C if both Parts A and B were completed.)
Completing the sSecure Power Of Attorney, Form 735-402 Complete Line 1 providing the vehicle description.
Part A: Lines 1-7 - Power of Attorney to disclose mileage
Part A appoints the buyer as attorney-in-fact to transfer the odometer disclosure to the title and to release the seller’s interest on the title when the buyer receives the title.
The seller completes the odometer disclosure on line 4 of the POA, their printed name and signature on line 5, and address and telephone number on line 6.
The buyer must complete their name and date of sale on line 2, their address on line 3, and print and sign their name on line 7.
Know your Power of Attorneys!
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12 | OIADA September 2012 OIADA September 2012 | 13
How to file copies of the secure power of attorney The secure POA form has an original and three secure
carbon copies. Use them as follows:
• Original (top) – Attach this to the title when you receive the title. Submit the original of the POA form with that title when a new title is applied for.
• First carbon copy – Use this to make a separate odometer filing with the state, if needed. If the appointed attorney does not submit the title and original secure POA to the state or submits them to a state other than Oregon, one of the secure copies of the POA (usually the first copy) must be submitted to Oregon DMV with a copy of the front and back of the title with the $4 filing fee.
• Second carbon copy – Kept by the attorney for a period of five (5) years.
• Third carbon copy – May be used to apply for a replacement title on behalf of the seller under PART A or to give to the seller as their copy. If you use it to apply for a replacement title, provide another copy (photocopy) to that seller.
• Additional photocopies - Additional photocopies may be made of the completed secure POA (to meet federal requirements for PART B, the buyer must be given a copy).
DMV may reject a secure POA if: • The secure POA does not contain any vehicle
information. • Not all parts of the secure POA were completed. • The secure POA is not an original or secure carbon
copy. • The secure POA and the title do not match. • The odometer disclosure on the POA is less than the
odometer on the copy of the title. • With a separate filing: 1. If there is no $4 filing fee, or 2. If a copy of the front and back of the title,
completed by the named attorney to show the odometer disclosure, is not submitted.
Non-secure power of attorneyDisinterested party using for odometer disclosure
A named attorney may use a regular (non-secure) POA to make an odometer disclosure only if the named attorney is a disinterested third party. A vehicle buyer, seller, or an employee or agent of the buyer or seller, is a not a disinterested third party. Examples:
- Title clerk at the selling dealership may not be the named attorney on a non-secure POA.
-A loan officer at a bank may be a disinterested third party since the bank is not a seller or buyer.
A disinterested third party cannot use a secure POA
because they are not the seller or buyer.
When disinterested third parties use regular POA forms, their use is limited to signing an odometer disclosure for either the buyer or seller but NOT both. Examples:
- There is a new buyer for a vehicle but the security interest holder is remaining the same. That security interest holder may sign for the buyer or seller. The other party must sign the disclosure for themselves, or someone else may sign for them by POA.
- There is a new buyer for a vehicle and there is a new security interest holder. The new security interest holder may sign the disclosure on behalf of the buyer and the old security interest holder may sign the disclosure on behalf of the seller if each are granted POA.
- The parents of a person in the military could use a non-secure power of attorney to disclose the mileage for their son or daughter.
Other types and uses of a non-secure POA The attorney named on a non-secure POA may release
interest or to apply for title, depending on what the POA indicates.
DMV provides the Power of Attorney, Form 735-500, but any POA form is acceptable as long as it contains:
- The signature of the person granting the power to sign on their behalf; and
- The name of the person or firm acting as attorney; and - Unless it is a general power of attorney, a sufficient
vehicle description to identify the vehicle, including at least the plate number or VIN.
General power of attorney A general POA permits the named attorney to sign any
transaction for the person authorizing the POA.
Durable power of attorney A “durable” power of attorney is one that does not
contain words that limit the time that the power of attorney is effective. The power of attorney is effective even if the person who initiated the power of attorney later becomes disabled or incompetent. Some POA forms may have “Durable” printed on them, but it does not change the requirements or the use of the POA.
Limited or special power of attorney A limited or special POA is the kind most often used in
vehicle transactions. It authorizes a person or firm to act on a person’s behalf on a specific transaction, such as to sell or buy a specific vehicle. It must have enough information to identify the vehicle and match the vehicle to the ownership document submitted with the POA. It must indicate who the named attorney is and have the signature of the person giving the power.
Part B: Lines 8-13 - Power of Attorney to review title document and acknowledge disclosure
Use Part B only when the previous seller and buyer used Part A and the buyer in Part A sells the vehicle before they receive the title from the security interest holder or a replacement title.
By signing on line 13, the new buyer authorizes the new seller (dealer) to transfer the odometer disclosure on the title when the seller receives it. Part B also appoints the seller as attorney-in-fact to sign the buyer’s name to transfer the vehicle’s title and to transfer the odometer disclosure from Part B to the title. The seller must sign on line 11
Part C: Lines 14-15 - Certification If sellers and buyers used both Parts A and B, the agent
exercising the POA on the title must complete Part C when they receive the title.
The agent exercising the POA reviews the title. They compare the mileage on the title to the mileage stated on the POA to determine if any mileage discrepancy exists. If there is no discrepancy, the agent certifies in Part C that they received and reviewed the title and that there is no mileage discrepancy.
If the mileage disclosed on the POA is less than the mileage shown on the title, the POA is void for making an odometer disclosure. The seller who granted the POA must complete a new disclosure. The only exception is when Oregon or another state’s DMV made an error in recording the mileage on the title, and the mileage reported at the time was less than that reported on the current POA. If another state made such an error, you must obtain a letter of explanation from that state’s DMV.
If a secure POA is void for making an odometer disclosure, the attorney named can still use the POA to apply for title, or release interest as indicated on the POA.
Exercising the POA The agent (attorney-in-fact) granted the POA must always
exercise the POA.
The agent completes the assignment on the title. Where allowed, the agent may complete a secure odometer disclosure form. The agent records the disclosure exactly as if the buyer and seller were individually completing the disclosure, and must include all the required information. The mileage disclosed must be exactly as disclosed on the POA. If there were two transfers (Part A and Part B of the Secure POA, Form 402, are completed), the agent must complete two separate assignments and disclosures.
DMV considers the POA properly exercised if:
1. The agent exercises the POA on the proper form and all applicable assignments and disclosures were completed.
2. When sellers and buyers completed Part A and B of the Secure POA, Form 402, the named attorney:
a. Completed two assignments and disclosures on the title and/or on secure odometer disclosure forms, and
b. Completed Part C of the POA (if the odometer disclosure on the secure POA is greater than the disclosure on the title).
3. The mileage the attorney discloses on the title is exactly as disclosed on the POA.
4. The disclosures as exercised contain at least the minimum information required to be on a disclosure.
Secure power of attorney filing process Within 30 days of the sale or other transfer, the attorney
named on the secure POA must file the POA with the state that issued the secure POA form. The exception would be if you used a secure POA but the vehicle was not subject to federal odometer (because of the year of the vehicle). If the title is non-conforming, a filing is not required.
The secure POA filing requirement is not restricted to dealers. Anyone who uses a secure POA to process a title transaction and does not apply for title in the state that issued the POA must submit the original POA for filing.
The attorney can meet this requirement when they: 1. Submit an application for title and transfer in the state
that issued the secure POA, or 2. File the secure power attorney separately. A separate filing is required when:
• The named attorney (dealer) sells the vehicle to a new purchaser (such as another dealer) and gives the transaction documents to the new purchaser; or
• The title and application are submitted to a state other than the one that issued the secure POA form.
The separate filing must include:
1. A secure copy of the secure POA, and2. A copy of the front and back of the conforming title,
which the named attorney completed to show the odometer disclosure, and
3. A copy of the separate secure odometer disclosure, if the attorney exercised the secure POA on that form.
Submit separate filings of the secure POA through the mail to Oregon DMV, 1905 Lana Ave NE, Salem OR 97314. The filing fee is $4. continued on p. 15
POA... continued from p. 10
14 | OIADA September 2012 OIADA September 2012 | 15
August 20123 – Manheim Portland Auto Auction – Pre-licensing17 – OIADA Salem Office – Title & Registration/
Compliance Class 31 – Brasher’s Portland Auto Auction – Pre-licensing CANCELLED
September 20127 – Manheim Portland Auto Auction – Pre-licensing 21 – OIADA Salem Office – TITLE & REgISTRATION 28 – Brasher’s Northwest Auto Auction, Eugene – Pre-licensing
Brasher’s NW Auto Auction: 90485 Auction Way, Eugene, OR 97402
Manheim Portland Auto Auction: 3000 N Hayden Island Drive, Portland, OR 97218
Brasher’s Portland Auto Auction: 23585 NE Sandy Blvd, Portland, OR 97238
OIADA: 1475 Capitol St NE, Salem, OR 97301
PRE-LICENSING IS AVAILABLE IN A “LIVE CLASSROOM FORMAT” OR “HOME STUDY” COURSE
• Pre-licensing classes begin at 8:30 a.m. unless otherwise noted
• Title & Registration classes begin at 9:00 a.m. unless otherwise noted
• All dealers must complete 5-hours of Continuing Education per year
• All persons who desire to be licensed as a motor vehicle dealer must complete an
• 8-hour pre-licensing seminar before DMV will issue a dealer’s license.
* * * * * * * * * *
TO REGISTER FOR A CLASSCall 503-362-6839 or 1-800-447-0302 (All times, dates, locations subject to change)
Driver’s license or other positive ID required BEFORE class begins
WWW.OIADA.COM
OIADA EDUCATION CLASS SCHEDULEPre-License - Continuing Education – Title & Registration
Educational Instructor Bobbi Cockeram Born and raised in Eastern Oregon in the little town of Vale,
Bobbi worked for the local GMC dealership in Ontario, Oregon at the age of 18 selling to the local “Good ol’ boys” farmers and ranchers. This is where her love for the Auto Industry started. She relocated to the Portland area in 1996 where she entered her career as a “Title and Registration Specialist.” It was a very challenging time back then as there were no classes or training of any sort, so after years of hard work, dedication, and making it her business to become as knowledgeable as she could from whatever resources she could find, she successfully graduated from the school of “Hard Knocks,” and took off in the world as an independent Auto Dealer Consultant/Title and Registration Specialist for Oregon auto dealers. Bobbi has not only had the opportunity to work with Oregon auto dealers, but with Dealer Auctions, and several other states dealers as well. Additionally, she is well versed in other state laws and DMV statues. Bobbi started instructing Title and Registration classes as well as Pre-licensing Courses and other forms of Continuing Education for us at the OIADA 3 years ago and the classes just keeping better and bigger. She brings to us a great deal of knowledge and experience to our members and staff. We are very excited about partnering with Bobbi. Her addition to the team has taken our educational and consulting programs for our members to the next level.
Services Provided by Bobbi:Dealer-to-Dealer and Dealer-to-
Consumer Mediation
Title Training
CarFax and Auto Check Cleaning
Lost Duplicate Titles (in all states)
Title clerk fill-in
Dealer Setups
Title Preparation/Processing
Notary Services
Book Keeping Services
Title Corrections/Problem Titles
V-3 Training/ Setup
Deal Jacket Compliance Audits
Bobbi L CockeramPo Box 727 Gladstone, Or [email protected]
hecht_autoins_ad_final_out.indd 1 2/3/11 10:23:10 AM
The person given the authority to sign cannot delegate this authority to someone else.
Photocopies or faxes of a power of attorney General or durable power of attorney (non-secure): DMV accepts
photocopies and faxes of this kind of POA if it contains a certification stating that this power of attorney is a true and exact copy of the original power of attorney. Either the person giving the power or the named attorney must sign the certification with an original signature.
Limited or special (non-secure): DMV accepts photocopies and faxes of this kind of POA if it contains a certification stating that the original power of attorney is lost, destroyed, or otherwise unavailable, and the original power of attorney is not, and will not, be used to apply for a title or to transfer ownership of a vehicle. Either the person giving the power or the named attorney must sign the certification with an original signature.
Secure: Not acceptable by photocopy or fax. The secure copies of the Secure POA are acceptable.
Minors and power of attorney
A minor (under the age of 18) may initiate a power of attorney, as well as act as an agent under a power of attorney as authorized by someone else. The power of attorney is valid until the person who initiated the power of attorney dies or there is a revocation (withdrawal) of the power of attorney.
How long a power of attorney is valid A POA is no longer valid:
- When the person granting the power of attorney dies, or
- When the person granting the power of attorney revokes the POA, or
- If it is past the ending date specified, if one is provided, or
- When all copies of the document are destroyed, or - The person appointed the attorney fails to exercise the
POA before the person granting the POA dies. - If the person appointed the attorney exercises the POA
on a document before the person granting the POA dies, the document is acceptable.
POA... continued from p. 13
16 | OIADA September 2012 OIADA September 2012 | 17
Surviving an
IRS Audit
Hey There Dealers and Associates! Earlier this summer I received a call from one of our members about a sticky situation he was in with one of his customers. The customer was looking for a truck, found one he liked on our dealer’s lot, however the two could not come to an agreement on price. Several days later the customer called in and an agreement on price was made, however, the customer was now out of state for a few weeks but was going to send a family member to act on his behalf to complete the transition. The dealer emailed the customer the proper paperwork and the customer filled out, signed and returned it and afterwards could not be reached. Eventually the dealer heard back from the customer who told him his bank would not cut a check to his family member while he was out of town. During this standstill the dealer began to receive new inquires on the vehicle so he called us asking if the sale has or has not been officially completed—a very tricky situation! No moneys have been transferred, but documents have been signed by both parties, though they were emailed and faxed, not originals. While researching the details of this situation to find an answer for our dealer, I reviewed all of our forms to find one that could help prevent something like this from even happening to begin with and came upon the Option Receipt Non-Refundable Form# 712/811. What a life saver this would have been for our dealer from the get go if he had them on hand! He ended up being patient with the customer and waiting for the customer to come through when he returned from out of state, which he did, and the sale was made. The following write-up is taken from the OIADA Pre-Licensing course, describing how, why and when to use Option Receipt Non-Refundable form. Hopefully it will be helpful to some of you now and in the future.
The Option Receipt is a “dealer protection” form for many reasons, three of which probably affect you regularly already. The Option Receipt Form:
1. makes clear to both dealer and customer what the stipulations of a vehicle sale are
2. keeps you from losing a sale based on verbal assumptions and/or a non-committal customer
3. lets you know for certain if you already have a sale or if you can legally sell that vehicle to another person
Example: John Customer comes
in on Wednesday and wants to buy that Cavalier but he doesn’t get paid until Friday. Will you hold it for him with a $250 deposit? Sure—BUT—if John doesn’t show up Friday with the promised balance and both you and John Customer signed the Option Receipt Form, you, the dealer, are free to keep the $250 or to sell the car Saturday or later someone else.
Are you going to be hard nosed if he comes in Monday or Tuesday and the car hasn’t been sold to someone else? Probably not. Because you’re a savvy businessperson and you remember: every customer talks to family, friends, co-workers, and
nowadays the entire Internet, so John Customer’s good or bad experience with you will have a thorough airing in his neighborhood. A good experience can result in future sales—and repeat sales are the backbone of your business.
But on the other hand, how many times have you seen a deal where a dealer takes some money to hold a vehicle and the customer comes back in a few days driving another dealer’s car they bought an hour after leaving the first dealer’s lot. The second dealer was successful in finding out what was originally offered John Customer and was able to out-sell the first dealer.
Option Receipt Non-Refundable Form# 712/811
If John decides to buy a vehicle from another dealer, can you keep the money? You made it clear to him—full disclosure—that if he didn’t come back or contact you, you’d keep the $250. You were sure to make certain that he understands under the agreed upon conditions that he $250 is non-refundable. However, if you don’t have the Option Receipt Form filled out and signed by both you and John customer, and he decides—within or outside of the agreed upon 48 hours—to either:
-buy a car from another dealer
or
-decide not to buy a car at all
and request that $250 deposit back, the Attorney General would require you to make that refund! You lose a sale and perhaps a line of future customers.
Points to Remember:● You should not keep any money
a customer gives you to hold a vehicle unless you have an Option Receipt filled out and signed.
● The maximum amount payable for an option using the Option Receipt form is 10% of the cost of the vehicle, or $500, whichever is less.
● If a customer signs a form, you are required to give him a copy.
Ask Val! via…..1) email: [email protected]) written letter sent to the OIADA Office: 1475 Capitol St NE. Salem, OR 973013) tweet for short and/or immediate feedback (@oiada) 4) facebook: www.facebook.com/OregonIADA
18 | OIADA September 2012 OIADA September 2012 | 19
ADVERTISINGAffiliated Media LLC Ronald Massey, 503-705-9497
AutoTrader.com Amelia Goldman, 360-303-8407 [email protected]
Carsforsale.com Aaron Oestretch, 605-306-3302
Cars.com 312-601-6134
The Oregonian Rich Fryback, 503-221-8486
UCMLink www.ucmlink.com Allison Pittman, 601-812-5876
UsedCars.com by Dealix Tamara Garris, 704-243-6652
AUTO ACCESSORIES Northwest Auto Accessories Craig Lessard, 503-288-5700
Auto Marketing Associates Northwest Gary Palaniuk, 503-519-7725
PRIVATE AUCTIONSBrasher’s Portland Auto Auction Jerry Hinton, 800-300-3200
Brasher’s Northwest Auto Auction Lisa Larkin, 800-905-3901
CrosspointNW Dealer Auction Brian Hardy, 503-457-4000
Manheim Portland Auto Auction 503-286-3000
OUT-OF-STATE AUCTIONSAdesa Seattle Auto Auction Jason Arcaro, 253-735-1600 x 213
Dealer’s Auto Auction Northwest Steve Doyle, 509-244-4500
Manheim Seattle Auto AuctionJulie Picard, 206-762-1600
PUBLIC AUCTIONS Insurance Auto Auctions, Inc. Ryan Hall, 503-253-1500
Petersen Auction Group of Oregon Curt & Susan Davis, 541-689-6824
Woodburn Auction Steve Morin, 503-981-8185
CAR RENTALSCanon Investments, Inc. Joe Canon (Salem), 503-580-0473
DEALER SOFTWARESkywerks Martyn Olliver, 425-738-0234
Frazer Computing Michael Frazer, 888-963-5369
FEE-BASED INCOME PRODUCTSMile High Consulting Inc. Mike Cintron 720-838-7400 Cell
FINANCINGCredit Acceptance John Bragg, 253-279-3230
Credit Concepts Jason Moon, 541-342-8545
JP Morgan–Chase Auto Finance Jeff DeGarmo, 503-201-4370
Nationwide Northwest, LLC Mark Tischer, 503-339-4165
Reliable Credit Association David Marx, 503-462-3022
Gold Acceptance/ Oregon Auto Finance 1700 Valley River Dr. #300 Eugene, OR 97401 Gary Veum, 541-868-0472
United Finance: Burnside, 503-232-5153 Eugene, 503-342-7671 Salem, 503-585-6411 Medford, 541-779-7391
SmartwayAdvisors Sheldon Harris, 503-795-7700
FLOORPLAN FINANCINGDealer Services Corporation Garrett Jorewicz, 866-230-0820
HEALTH CARE & BENEFITSThe Summit Group of Oregon, LLC John Petrie, 503-581-2825
INSURANCE & BONDINGConsumer Insurance USA Robert Wells, 877-431-0970
Hecht & Hecht Insurance Evelyn [email protected], 800-609-0979
Kelly Martin Insurance Agency, Inc. Kelly Martin, 503-625-2615
LEASINGOregon Roads, Inc. New & Used Vehicle & Commercial Leasing Joseph McKinney, 541-683-2277
RECONDITIONINGE & N, Inc. Marco Segura, 503-850-4730
SERVICE CONTRACTSA.U.L. Corporation Gina Eagerton, 800-826-3207
Automotive Business Developers Shannon Meany, 541-944-9186
Auto Marketing Associates Northwest Gary Palaniuk, 503-519-7725
Auto Services Company Dick Proudfoot, 503-705-7597
A.U.L. Corp/ D.P.C. Inc. Jim Bangert, 360-834-3333
Protective - Asset Protection Division Dylan Doran, 818-836-1455
GWC Warranty 800-482-7357 ext. 767
TRAININGOIADA: Continuing Education, Title & Registration, & Pre-licensing Wendy Riggi, 800-447-0302
Automotive Business Developers Shannon Meany, 541-944-9186
ASSOCIATE MEMBER LIST: Your Dealer Products and Service Oregon Dealers News Cornercontinued from p. 5
Giving back is what we are all about! In recognition of this OIADA cordially invites you to our summer barbeque, cruise-in, and part-time sales meeting! Come bask in camaraderie while enjoying a free chicken barbecue hosted by the Executive Committee of OIADA
Any OIADA member and/or nonmember. Members: meet your OIADA Executive Committee, bring a nonmember to join us.
If you have something cool to drive be sure to arrive in it! Show off points count and are in this instance…encouraged!!
Barbecued chicken, salad, sides and refreshments served at no cost to members. Nonmembers get charged the same!
Blizzard MOTORS, 1604 E Burnside, Portland Or 97214
Friday, September 28th, 6pm-8pm
20 | OIADA September 2012
I certify to OIADA that I have personally read these articles in The Oregon Dealer News Magazine for #9-2012
My Name __________________________________________________________________________(printed)
Dealership Name ___________________________________________________________________________
Dealer License Expiration Date:_______________________________ Dealership #_____________________
Signed: __________________________________________________________Date _____________________
FAX TO: 503-364-7331 or mail to OIADA, 1475 Capitol St. NE, Salem, Oregon 97301
Read & Respond and Certify BelowOIADA CONTINUING EDUCATION PROGRAM
Complete this test and Certify below that you have read the articles for September 2012
NORTHWESTAUTO AUCTION
Think Eugene, Think Brasher’s Northwest
� Eugene is the home of the University of Oregon...Go Ducks! � Eugene is the birthplace of Nike. � Eugene is home to the Oldest Saturday Market in the USA.
� World class fisheries including the Willamette River and McKenzie River run through Eugene.
� Eugene is located in the Southern Willamette Valley, also known as the “Grass Seed Capital of the World”.
� Eugene is TRACKTOWN USA, home of the USA Olympic Track and Field Trials 2012.
Eugene
www.brashersnw.com • 800.905.3901
Brasher’sNorthwest
� Location: Brasher’s Northwest is centrally located in the middle of Oregon just off Interstate 5. Our dealer base is large and diverse.
� Inventory: Brasher’s Northwest is a founding member of AuctionPipeline. Source vehicles 24/7/365 online. View photos of every unit and CR’s on every Fleet/Lease/Bank unit. Purchase and Make Offers online anytime! Live Auctions Every Wednesday!
� Excellence: Brasher’s Northwest consistently records top sales percentages and retention in the Northwest.
� Experience: Our Management Team has over 160 years combined experience at Brasher’s.
Brasher’s Northwest
POA
POA
POA
POA
Risk-based Pricing
Option Receipt
Within 21 days of the sale or other transfer, the attorney named on the secure POA must file the POA with the state that issued the secure POA form. T_____ F_____
A named attorney may use a regular (non-secure) POA to make an odometer disclosure only if the named attorney is a disinterested third party. A vehicle buyer, seller, or an employee or agent of the buyer or seller, is a disinterested third party.T_____ F_____
The second carbon-copy of the secure power of attorney is to be kept by the attorney for a period of five years.T_____ F_____
A “durable” power of attorney is one that does not contain words that limit the time that the power of attorney is effective.T_____ F_____
The risk-based pricing notice is designed to alert consumers to the potential existence of negative information in their credit reports so they can check their credit histories and correct any inaccuracies.T_____ F_____
The maximum amount payable for an option using the Option Receipt form is 10% of the cost of the vehicle, or $500, whichever is higher.T_____ F_____
1475 Capitol St. neSalem, oR 97301503.362.6839 ●800.447.0302Fax: 503.364.7331
PRSRT STDU.S. POSTAGE
PAIDAlbany, OR
PERMIT NO. 188