OK_0112_O

DEALERS’ RESOURCEOklahoma Independent Automobile Dealers Association

Visit Us Online At www.e-oiada.com

This Is Your State.This Is Your Association.

January 2012

OIADA, P.O. Box 6905, Moore, OK 73153

PRSRT StandardU.S. Postage

PAIDDALLAS, TEXASPermit No. 2079

Change Service Requested

OIADA, P.O. Box 6905, Moore, OK 73153

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OIADAOFFICE813 NORTHWEST 34TH MOORE, OK 73160EMAIL: [email protected]

ROSE & ODELL MORGAN, Executive DirectorsJACKIE GARNER, Office Manager

AMBER SNOOK, Administrative AssistantJARED MORGAN, Electronics/Software Technician

LYNNA KAY, ProgrammerSTEVE MORGAN, ConsultantMIKE MORGAN,Technical Aide

NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATIONWWW.NIADA.COM • WWW.NIADA.TVNIADA HEADQUARTERS: 2521 BROWN BLVD. • ARLINGTON, TX 76006-5203 PHONE (817) 640-3838FOR ADVERTISING INFORMATION CONTACT: TROY GRAFF (800) 682-3837 OR [email protected]’ RESOURCE IS A PUBLICATION OF AUTOMOTIVE DEAL-ERS RESOURCE OF OKLAHOMA (ADR) PRODUCED ON BEHALF OF THE OKLAHOMA INDEPENDENT AUTOMOBILE DEALERS ASSOCIA-TION (OIADA), P.O. BOX 6905, MOORE, OK 73153. THE DEALERS’ RESOURCE IS PUBLISHED MONTHLY BY THE NATIONAL INDEPEN-DENT AUTOMOBILE DEALERS ASSOCIATION SERVICES CORPORA-TION. PERIODICAL POSTAGE PAID AT ARLINGTON, TX, AND AT ADDITIONAL OFFICES. POSTMASTER: SEND ADDRESS CHANGES TO OIADA, P.O. BOX 6905, MOORE, OK 73153. THE STATEMENTS AND OPINIONS EXPRESSED HEREIN ARE THOSE OF THE INDIVIDU-AL AUTHORS AND DO NOT NECESSARILY REPRESENT THE VIEWS OF ADR OF OKLAHOMA, THE OKLAHOMA INDEPENDENT AUTO-MOBILE DEALERS ASSOCIATION OR THE NATIONAL INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION. LIKEWISE, THE APPEAR-ANCE OF ADVERTISERS, OR THEIR IDENTIFICATION AS MEMBERS OF OIADA OR NIADA DOES NOT CONSTITUTE AN ENDORSE-MENT OF THE PRODUCTS OR SERVICES FEATURED. COPYRIGHT © 2011 BY O&R MORGAN, INC. DBA OIADA. ALL RIGHTS RESERVED. DEALERS’ RESOURCE IS A PUBLICATION OF AUTOMOTIVE DEALERS RESOURCE OF OKLAHOMA ON BEHALF OF THE OKLAHOMA IN-DEPENDENT AUTOMOBILE DEALERS ASSOCIATION (OIADA), BUT IS MAILED TO ALL DEALERS IN THE STATE IN AN EFFORT TO EDU-CATE AND ENCOURAGE NON-MEMBERS TO JOIN THE ASSOCIA-TION AND SUPPORT OUR EFFORTS TO IMPROVE THE IMAGE AND PROFIT POTENTIAL OF THE INDUSTRY. FOR 55 YEARS, WE HAVE WORKED TO REPRESENT THE INDEPENDENT MOTOR VEHICLE DEALER IN OKLAHOMA. WE NEED YOUR SUPPORT.FRONT COVER BY Mike MorganSTATE MAGAZINE MGR./SALES Troy Graff • [email protected] Andy Friedlander • [email protected]/PRODUCTION MGR. Christy Haynes • [email protected] Nieman Printing

MAGAZINECONTENTS

ADVERTISERSINDEX71B Auto Auction ..................................................11ADESA .................................................................13Albright Insurance ..................................................7AutoTrader.com ......................................................5Dealer’s Auto Auction of OKC ................. Back CoverJordan Insurance ....................................................9Loftis & Wetzel Insurance .....................................16Manheim North Texas ..................Inside Front CoverProtective ..................................... Inside Back CoverSmartAuction .......................................................15United Acceptance ...............................................17

08 Used Vehicle Registration & Licensing09 UMVPC Rule Summary16 Commission Revokes License

FOR INFORMATION ON HOW TO BECOME A MEMBER OF OIADA PLEASE CONTACT ROSE OR ODELL MORGAN AT 405-232-2947.

PRESIDENTChris GoadRegal Motors3515 N. MayOklahoma City, OK [email protected]

CHAIRMAN OF THE BOARDJohn EasttomAuto Mart of Elk CityP.O. Box 981Elk City, OK [email protected]

SECRETARY/ TREASURERBruce BeamDealers Auto Auction of OKC1028 S. PortlandOklahoma City, OK 73147405-947-2886www.daaokc.com

VICE PRESIDENTSJohn T. Longacre, IVTaft Motors, Inc.722 S. Linden St.Sapulpa, [email protected] Julian CoddingReliable Motors, Inc.9201 S. ShieldsOklahoma City, [email protected]

Monte ShockleyShockley Auto Sales2605 N. BroadwayPoteau, OK [email protected]

Glenn McDanielI-35 Credit Auto1113 SE 51st St.Oklahoma City, OK [email protected]

David McQuerryMcQuerry Motors, Inc.1302 N. Harrison St.Shawnee, OK [email protected]

OIADA BOARD OF DIRECTORS

Primary Number (OKC): 405-232-2947Toll Free: 800-346-4232BUSY SIGNAL? The 405-232-2947 number is designed to roll over to any of four other lines in our office, but has recently not been working correctly. If you encounter a busy signal at the 232 number, please call the 800 number or any of the following:

405-799-7116

405-799-1113 405-799-8115 405-799-3759

For your convenience, we have recently added a toll-free fax number: 877-804-3449.

OIADA CONTACT INFO

WHAT’SNEWR A2Z EDUCATION SERIES - AutoZoneEducating the independent dealer to deliver the highest quality service levels to your customers, manage your shop efficiently, train your technicians and maximize profits.niada.tv

R TURBO TIPS – Cars.comProvides Independent Dealers with practicable and actionable tips to help you sell more cars now! niada.tv

R World Automobile Auctioneers Championship Live online coverage of the event begins at 11 am ET on Friday, March 3O, 2012 and is free for all online viewers. visit www.niada.com and click on the “EVENTS” tab or call (303) 807-1108.

New vAuto Tool Blends AutoTrader, Manheim ToolsVAUTO HAS INCORPORATED THE DATA TOOLS of AutoTrader.com and Manheim in Provision, its new used car inventory management tool, designed to give dealers a comprehensive way to find used cars to stock at the right price.

The company’s first major product introduction since it was bought by AutoTrader last year, Provision blends the resources of AutoTrader and Manheim to help dealers tackle the three “W’s” of inventory management: What cars to stock, what to pay and where the car can be found.

“This is a business intelligence breakthrough for the automotive industry, made possible through our alliance with AutoTrader.com and Manheim,” vAuto founder Dale Pollak said. “Provision brings game-changing insights and tools to help dealers efficiently and effectively know what vehicles to stock, what to pay and where to find them—all with a real-time, precision approach.”

Provision allows dealerships to set targets for used inventory value, age, turn rates and gross profits. The tool then conducts a seven-point diagnostic test for all available used units, basing the test on supply and demand in the market. It also offers recommendations on pricing based on market response, reconditioning costs and the dealer’s profit goal and can check auction run lists.

Pollak said automatic transport scheduling with vendors will be offered in the future.

“Provision goes a long way to eliminating the ongoing pain of used vehicle sourcing and management challenges at dealerships,” Pollak said. “We’ve built a bridge between the top retail and wholesale marketplaces and made it easy to cross.”

“It’s a perfect blend of our people and respective market intelligence, technologies and resources to create a win-win for everyone,” Manheim president Sandy Schwartz said. “Provision will be a transformative force for the industry.”

For more information, visit www.vauto.com/provision.

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BHPHNews

What’s in Store for 2012

WHAT’S IN STORE FOR YOUR STORE IN 2012? If it’s anything like 2011, it should be another good year to be in the Buy Here-Pay Here industry. The coming year will not be without its challenges, though. In fact, there are certain areas of the industry that could be more challenging than ever.

To get an idea of what to look forward to in 2012, we first need to review how 2011 treated the BHPH world. It was probably the weirdest year I can remember in the 15-plus years I’ve been in the business. Tax season was sporadic at best, which pretty much set the tone for all facets of the business for the rest of the year.

From a profitability standpoint, the dealers I have the distinct privilege of working with enjoyed an 11 percent overall increase in 2011 versus 2010. This increase was due mostly to the rightsizing of operations. Dealers focused on their entire operations, from top to bottom, on cutting the fat and running their operations based on the cash they were generating instead of relying on lines of credit.

I expect this focus to continue in 2012. Though funding sources have become more readily available, most dealers will be focusing again on generating the capital necessary to run their businesses from their businesses. As always, there will be dealers looking to grow aggressively through borrowing, and rates will continue to make this a very viable option. I don’t see rates rising drastically in the coming year, so it will still be a good time to borrow.

Having said that, I still see it being more difficult to secure new lines of credit in 2012. It’s going to take some patience and the willingness to educate some institutions about our industry.

Our dealer clients saw sales volume increase by almost 6 percent in 2011 despite

a sporadic tax season. Not a record-setting year by any means, but this was driven more by cash management. Dealers seemed to want to sell what their cash flow dictated rather than sell as much as possible. We all know we can sell as many vehicles as we want or have the financial resources to in this industry. There doesn’t seem to be a lack of customers needing or wanting what we have to offer.

The same will hold true for 2012. We should have the customers in the market to sell as much as we want. The biggest question will be inventory availability. Now, I’m normally a glass-half-full kind of guy, but when it comes to this, I think the glass may be half empty. Even though the prices somewhat leveled off the last half of last year, the numbers seem to be dwindling even more than usual.

Portfolio performance in 2011 included some stabilization from a dollar-loss standpoint, but from a number-loss standpoint, there was a slight increase or worsening in 2010. This was driven by a couple of factors, beginning with the need for inventory. Some dealers accelerated their repo times when a desirable unit was involved. This also helped stabilize the dollar losses, as vehicles were repossessed earlier and in better condition and thus earned higher recovery amounts.

The other factor was a renewed focus on underwriting and the overall collection process. Dealers remained more disciplined in both areas, seeking quality over quantity.

There will be more of the same this year. Dealers have seen the error of their past ways and are enjoying the spoils of their more disciplined labor. I expect the average charge-off to remain essentially the same and the number as a percent of sold to remain higher than in past years,

and collections dollars to improve as well as overall collection effectiveness.

The biggest thing to affect our industry in 2012 will come from the compliance front. The Consumer Finance Protection Act was signed in July 2010, establishing the Consumer Finance Protection Bureau. The rules of the Act were to have been drafted by August 2011, so we were hoping to know what kind of field we will be playing on. But, as with most things in our government, the rules are behind schedule. In the interim, I have already heard from a few dealers who have received a letter from the FTC – the Bureau’s governing body – informing them of pending audits.

That has dealers debating whether to remain in the industry, and is causing some who are looking at getting into the industry to delay their entry until the rules are set. This act and bureau are going to separate the men from the boys, so to speak. The dealers who are trying to the best of their ability to do the right things will survive, while those who operate in the gray areas will fall by the wayside. And the waysiders are going to cause the cost of doing business to increase for everyone else.

So here is the best advice I can give to dealers, as well as those wanting to get into the business in the coming year: Don’t wait. Don’t wait to get compliant. Don’t wait to spend a little money to do so. Don’t wait to review all processes and procedures. Don’t wait to review all expenses. Don’t wait to review all of your employees. Don’t wait to train. And definitely don’t wait to sell cars, collect money, and make money.

THE DEALERS WHO ARE TRYING TO THE BEST OF THEIR ABILITY TO DO THE RIGHT THINGS WILL SURVIVE, WHILE THOSE WHO OPERATE IN THE GRAY AREAS WILL FALL BY THE WAYSIDE.

BY BRENT CARMICHAELEXECUTIVE CONFERENCE MODERATOR

NCM ASSOCIATES INC.

[email protected]

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NHTSANews

CHG CF250T V3, MY 2005-2009CHG CF250T V5, MY 2005-2009NHTSA ID Number: 11V544000Service brakes, hydraulicUnits affected: 6,405CFMoto is recalling certain model year 2005 through 2009 CF250T V3 and CF205T V5 automatic motorcycles manufactured from January 1, 2005 through December 31, 2009. These models were built with a left hand rear wheel brake instead of the required right foot-operated rear wheel brake. Therefore, these vehicles fail to comply with the requirements of federal motor vehicle safety standard number 123, “Motorcycle Controls and Displays.” The absence of standardized motorcycle controls may hinder the operator’s ability to effectively brake, increasing the risk of a crash. CFMoto will notify owners, and dealers will install a right foot control rear wheel brake kit, free of charge. CFMoto is still developing its notification and recall remedy schedule. Owners may contact CFMoto at 1-888-823-6686.

Infiniti G37 Coupe, MY 2011-2012Nissan 370Z, MY 2011NHTSA ID Number: 11V538000Visibility: Power window devices and controlsUnits affected: 1,788Nissan is recalling certain model year 2011 and 2012 Infiniti G37 coupe vehicles and certain model year 2011 Nissan 370Z vehicles manufactured from July 2, 2011, through August 29, 2011. Due to a programming error, the power window switch controller in the subject vehicles was manufactured out of specification. The threshold for auto reverse activation is higher than the Nissan specification. Should a body part become trapped by a closing window, a pinch injury may result. Nissan will notify owners, and dealers will replace the power window switches with new ones free of charge. The safety recall is expected to begin on or about November 28, 2011. Owners may contact Nissan at 1-800-647-7261 or Infiniti at 1-800-662-6200.

Lexus ES330, MY 2004-2005Lexus RX330, MY 2004-2005Lexus RX400H, MY 2006Toyota Avalon, MY 2004Toyota Camry, MY 2004-2005Toyota Camry Solara, MY 2004-2005Toyota Highlander, MY 2004-2005Toyota Highlander Hybrid, MY 2006Toyota Sienna, MY 2004-2005NHTSA ID Number: 11V539000Engine and engine coolingUnits affected: 420,326Toyota is recalling certain model year 2004 Avalon vehicles; 2004 and 2005 Camry, Camry Solara, Highlander and Sienna

vehicles, 2006 Highlander hybrid; 2004 and 2005 Lexus ES330 and RX330; and 2006 Lexus RX400H vehicles manufactured from June 1, 2004 through March 31, 2005, equipped with the 1MZ-FE or 3MZ-FE engine. The amount of adhesive agent applied between the outer ring and the torsional rubber damper (inner ring) in the crankshaft pulley may be inadequate. If the adhesive is insufficient, there is a possibility the outer ring may become misaligned and it may not properly rotate with the inner ring, causing noise and/or illumination of the battery discharge indicator light. In some cases, the belt for the power steering pump may become detached from the pulley, which could result in a loss of power steering and a sudden increase in steering effort, increasing the risk of a crash. Toyota will notify owners, and dealers will check the crankshaft pulley to identify whether it was produced by th e U.S. supplier. If so, the dealer will replace the pulley with a new one at no charge. The safety recall is expected to begin during early January 2012. Owners may contact Toyota at 1-800-331-4331.

Yamaha XVS1300/CT, MY 2007Yamaha XVS95/CT, MY 2009-2012NHTSA ID Number: 11V533000Fuel system, gasoline: DeliveryUnits affected: 2,800Yamaha is recalling certain model year 2009-2012 XVS95/CT (V Star 950/V Star 950 Tourer) motorcycles, manufactured from October 2008 through August 2011, and model year 2007 XVS1300/CT (V Stsr 1300/V Star Tourer) motorcycles, manufactured from August 2006 through March 2007. There may not be a proper seal between the fuel pipes for the fuel injectors and the fuel hose that connects them due to an improperly molded fuel hose. Over time, pressurized fuel can begin leaking at the hose connection points, which could result in a fire hazard. Yamaha will notify owners, and dealers will replace the fuel delivery pipe free of charge. The safety recall is expected to begin on or before November 11, 2011. Owners may contact Yamaha at 1-800-962-7926.

Pontiac G8, MY 2008-2009NHTSA ID Number: 11V534000Air bags, frontal: Sensor/control moduleUnits affected: 38,444General Motors (GM) is recalling certain model year 2008-2009 Pontiac G8 vehicles manufactured from November 2, 2007 through January 22, 2009. A fifth percentile female anthropomorphic test device (ATD) in a 30 mph frontal barrier test exceeded the head injury criteria (HIC) requirements of the standard. With the front passenger seat positioned full forward, the seat

position sensor will cause a 30 milliseconds deployment delay between the first and second stages of the dual-stage frontal passenger air bag. In the event of a crash, this delay may result in increased head injury to certain front seat occupants. GM dealers will reprogram the sensing and diagnostic module free of charge. The manufacturer has not yet provided an owner notification schedule. Owners may contact Pontiac at 1-800-620-7668.

Jeep Wrangler, MY 2008-2012NHTSA ID Number: 11V528000Air bags: FrontalUnits affected: 5,334Chrysler is recalling certain model year 2008-2012 right hand drive (RHD) Jeep Wrangler vehicles manufactured from February 1, 2007 through October 10, 2011. Some vehicles may be equipped with driver’s airbag clockspring assemblies that could experience a compromised airbag circuit resulting in an airbag lamp illumination, which indicates that the airbag may not deploy. A broken electrical circuit in the airbag clockspring wiring assembly can lead to non-deployment of the driver frontal airbag and will not be able to properly protect the driver in the event of a crash, increasing the risk of injuries. Chrysler will notify owners and remedy the vehicles as necessary free of charge. Chrysler will mail to owners an interim notification on or before November 2011. Owners may contact Chrysler at 1-800-853-1043. Chrysler’s recall number is L37.

Honda NT700, MY 2010NHTSA ID Number: 11V526000Equipment: LabelsUnits affected: 120Honda is recalling certain model year 2010 NT700V motorcycles manufactured from November 26, 2009, through November 27, 2009. A tire information label applied to the swingarm may display incorrect tire size and air pressure specifications. Improper inflation of tires may affect vehicle handling and lead to premature tire failure, increasing the risk of a crash. Honda will mail the correct tire information label along with installation instruction. At the customer’s option, a dealer can perform the installation for them free of charge. The safety recall began on November 10, 2011. Owners may contact Honda at 1-866-784-1870. Honda safety recall number is S02.

FOR MORE INFORMATION, GO ONLINE TO WWW.NHTSA.GOV

OR WWW.SAFERCAR.GOV.

Learn More

NHTSA Recalls

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* FOR ACCOUNTS THAT QUALIFY / ACCEPTABLE WITH UNDERWRITING

Need Help? State, National Associations Can Provide It

NEED HELP…Showcasing your inventory? Participate in

the NIADA Certified Pre-Owned (CPO) Vehicle Program available to OIADA/NIADA members. This program allows independent dealers of all sizes to offer their customers certified high-quality vehicles, get higher resale value, raise their profits and finally compete with factory certification programs. CPO vehicles can be offered to your customers with a comprehensive 12-month, 12,000-mile warranty, fully insured direct to your dealership through an A-rated insurance company.

Growing your dealership? Enroll in the Certified Master Dealer program available to OIADA/NIADA members. One of the industry’s most respected training programs, it was developed in 2001 to help dealers manage and grow a profitable business. During the three-day course, successful strategies in business management, merchandising, financial management, business planning and human resources are presented and discussed.

Cutting expenses? Take advantage of the discount services and products offered through OIADA and NIADA. Members receive a 10 percent discount off most forms and supplies ordered from OIADA. In addition, member discounts are available from a wide variety of suppliers and providers, including ADP, CheckToHire, Choice Hotels, FedEx, Hertz, Office Max and Thrifty Car Rental.

Getting or keeping employees? Offer your employees valuable insurance and retirement benefits. Through OIADA and NIADA, members have access to group health insurance plans for their employees. Dealer members, their employees and spouses also qualify for preferred rates on auto and home insurance. In addition, dealer members can offer employees a state-of-the-art 401k retirement plan administered by NADART, a division of the National Automobile Dealers Association.

Staying abreast of industry rules and regulations? Hire the professional staff at OIADA and NIADA. They work full time for dealer members doing tasks you simply don’t have time to do. They serve as industry liaisons to governing agencies, representing your interests in legal and regulatory matters. They persistently track legislation and research regulations, then make pertinent information available in both print and digital media. And when dealer members have a question about rules or regulations, they can call the Association office and reach a real person who will either provide an answer or will direct the member to the appropriate resource.

If you are an independent dealer facing these or similar business issues, find the help you need through membership in your state and national independent auto dealers associations. Take advantage of the programs selected and developed specifically for independent dealers. Rely on the state and national association staff – experienced teams of industry specialists, attorneys, lobbyists and executives – to promote and protect your business interests. Membership in your state association automatically entitles you to membership in the national association. Join today and find the help you need.

BY ADR STAFF

AssociationNews

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Used Vehicle Registration & Licensing

USE OF TEMPORARY LICENSE PLATES (30-DAY TEMPORARY TAGS) FOR ANY OTHER PURPOSE THAN OUTLINED BELOW IS A VIOLATION OF STATE LAW.

BY ADR STAFF

THE OKLAHOMA TAX COMMISSION is the state’s governing authority for vehicle registration. Their rules with respect to vehicles acquired and sold by used dealers provide the following guidance:

Renewal not required; registration to be current when vehicle acquired: A licensed used trailer dealer or used motor vehicle dealer is not required to renew the registration of a vehicle that expires on his lot while being held for resale, provided the registration was current when the vehicle was assigned to him. However, any dealer who is assigned a vehicle when it is in the registration penalty period must renew the registration for a full year, paying any penalty due. Manufactured home dealers are required to keep all manufactured homes registered.

Used vehicles acquired from other states: Used vehicles from other states acquired for resale by Oklahoma used dealers require an Oklahoma title in the dealership name. No registration is required. Used motor vehicles acquired from other states by licensed Oklahoma motor vehicle dealers may either be titled in the dealership’s name, or ownership may be reassigned by the dealership on the out of state title. When reassigning an out of state title, the motor vehicle dealer must satisfy the inspection and dealer reassignment provisions of 47 O.S. § 1105. Oklahoma dealers may reassign on another state’s reassignment sheet only when ownership was assigned to the Oklahoma dealer by a dealer in that other state, on that other state’s reassignment sheet and attached to that other state’s title. An Oklahoma dealer may not reassign ownership on another state’s reassignment sheet if that sheet is attached to either an Oklahoma title or any other state’s title that does not correspond both to the reassignment sheet and the state in which the assigning out of state dealer is licensed.

Exemption from transfer registration fee; revenue stamps required: Used vehicle dealers are exempt from the transfer registration fee when getting a transfer title in their name. However, each time a used dealer makes an assignment, a revenue stamp must be attached on the back of the Oklahoma title. Commercial trailer dealers or manufactured home dealers are not required to attach tax stamps.

Removal of out-of-state license plates: If a dealer obtains a vehicle with an out-of-state tag, it should be removed. If the vehicle has an Oklahoma tag, it shall remain on the vehicle.

Procedure on sale of vehicle: When a used dealer sells a vehicle, he shall advise the owners to title and register the vehicle within thirty (30) days. If the Oklahoma plate is still current, the new owner shall title, pay excise and a transfer registration fee. If, on the assignment date, the decal has expired, the new owner must register from the month of assignment. The transfer registration fee would be due at the time of registration.

UMVPC AND TEMP TAGS: The Oklahoma Tax Commission is the governing agency with

respect to vehicle licensing, although the Used Motor Vehicle & Parts Commission is the approving authority with respect to the format of used dealer temporary license plates. The following guidance applies to used vehicle temporary license plates, commonly referred to as “30-day temporary tags”:

Placement of temporary license plate: The temporary license plate shall be placed on the vehicle at the location provided for the permanent license plate. Provided the purchaser of a new cab-and-chassis truck may place the temporary license plate in the rear window.

Issuance of temporary license plate: Upon purchase of a vehicle from a licensed Oklahoma dealer, except by another licensed dealer, a temporary license plate is to be completed by the selling dealer and placed on the vehicle at the location provided for the permanent license plate.

Use restricted: Dealers must use their metal dealer plates (issued by the Oklahoma Tax Commission) for demonstrating, transporting or other normal business on any vehicle that does not have a current Oklahoma license plate. The temporary license plates (30-day temporary tags) are to be used only at the time of vehicle sale. It is the responsibility of the selling dealer to place an approved 30-day temporary tag on the vehicle when the retail sale transaction is completed.

Use of temporary license plates (30-day temporary tags) for any other purpose than outlined above is a violation of state law and can result in revocation of the dealer’s license.

Acquisition: Temporary license plates (30-day temporary tags) may be purchased by licensed dealers from OIADA (1-800-346-4232) or other suppliers. Metal dealer plates may be obtained by contacting the Oklahoma Tax Commission.

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TO OBTAIN – AND RETAIN – the privilege of holding a used motor vehicle dealer license or a used motor vehicle salesman license in the state of Oklahoma, you are obliged to abide by the Used Motor Vehicle and Parts Commission (UMV&PC) Rules. By statute, the commission has the authority to deny application for license as well as the authority to subsequently revoke or suspend a license for rule violations. At the Nov. 2011 commission meeting, the board revoked the license of a used motor vehicle dealer after determining the licensee had sold vehicles at unlicensed locations, abandoned the licensed location and misrepresented to the commission that he had a place of business. Further, the commission revoked the license of a used motor vehicle salesman after determining he had sold vehicles from unlicensed locations.

The commission may deny an application for a used motor vehicle dealer or salesman license, or revoke or suspend such license after it has been granted for any of the following reasons:

1. On satisfactory proof of unfitness of the applicant or the licensee.

2. For fraud practices or any material misstatement made by an applicant in any application for license.

3. For any willful failure to comply with any

provision of applicable state statutes or with any rule promulgated by the commission under that same authority.

4. Change of condition after license is granted resulting in failure to maintain the qualifications for license.

5. Continued or flagrant violation of any of the rules of the commission.

6. Being a used motor vehicle dealer (retail or wholesale) or used motor vehicle salesperson who:

(a) resorts to or uses any false or misleading advertising in connection with the business

(b) has committed any unlawful act which resulted in the revocation of any similar license in another state

(c) has been convicted of a crime involving moral turpitude

(d) has committed a fraudulent act in selling, purchasing or otherwise dealing in motor vehicles or has misrepresented the terms and conditions of a sale, purchase or contract for sale or purchase of a motor vehicle, or any interest therein, including an option to purchase such motor vehicles

(e) has engaged in business under a past or present license issued by the UMV&PC in such a manner as to cause injury to the public or to

those with whom the licensee is dealing(f) has failed to meet or maintain the

conditions and requirements necessary to qualify for the issuance of a license

(g) has failed or refused to furnish and keep in force any bond required.

7. Being a used motor vehicle dealer who:(a) does not have an established place of

business(b) employs unlicensed salespersons or other

unlicensed persons in connection with the sale of used vehicles

(c) fails or refuses to furnish or keep in force single limit liability insurance on any vehicle offered for sale and otherwise required under the financial responsibility laws of this state

(d) is not operating from the address shown on the license if this change has not been reported to the commission.

8. For violation of any statute or regulation relating to the purchase, sale, display for sale, or transfer of a used motor vehicle.

9. If it is determined that the license is being or has been issued for the benefit of a person who would not or could not qualify for the license in his or her own right.

The full text of the UMV&PC Rules is available at www.umvpc.state.ok.us.

Used Motor Vehicle and Parts Commission Rules

RegistrationNews

BY ADR STAFF

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What is Your Agreement?

WHEN IT COMES TO THE AGREED-ON SALES finance terms between a dealer and a buyer, a lot of questions need to be addressed to avoid misunderstandings and, consequently, compliance and legal troubles for a dealership.

What is the “agreement?” Is it in the credit application, buyer’s order, conditional delivery agreement, trade-in summary, manufacturer’s warranty, retail contract, other documents, or in some combination of them? If the terms are found in many documents, how do you know which ones?

In short, if you can’t easily determine which documents comprise your complete sales financing agreement then you are going to have challenges enforcing it. If the terms of those documents don’t all agree with each other, you are also going to have challenges enforcing them.

A strategy to avoid confusion is to say one document comprises the entire agreement between the parties. For example, a retail installment sales contract (RISC) may include a provision (usually near the signatures) that the entire sales financing agreement between the parties is in the RISC. This makes the RISC the one and only document containing the entire and final terms of the transaction. This is a “merger” or “integration” clause because it merges or integrates all terms into one agreement. The advantage is that if there is litigation, the one and only document needed to interpret the rights and responsibilities of the parties is the RISC.

But a recent court decision highlights how the advantage of a merger clause can turn into a disadvantage. In Duval Ford v. Rogers (District Court of Appeals, Florida, 2011), the court held that a dealer could not enforce its arbitration provision in the buyer’s order. Why? Because the RISC included a merger clause, saying that it contained the entire agreement between the dealer and buyer. Since the arbitration provision wasn’t in the RISC (and wasn’t included by reference), it fell outside the terms of the agreement. This was a case in which the merger clause kept out terms the dealer wanted to be a part of the final agreement.

That disadvantage of a merger clause can be overcome with an adjustment to the clause. A variation of the single document approach is including in the RISC specific references to other documents saying they are also a part of the merged terms. Together, the RISC and the referenced documents describe the entire agreement between the parties.

For example, the RISC could say the parties signed a separate conditional delivery agreement, which is incorporated into and made a part of the RISC by reference. The RISC could also note that

warranty documents are provided separately, including the Federal Trade Commission’s used car window form. Incorporating other documents by reference allows the parties to agree that a specific set of documents comprise the entire agreement. If you use this approach, you need to make sure the RISC includes cross-references to all the separate documents you want included in your final agreement.

It may sound like you should incorporate everything by reference into the RISC – that way you have it all covered. Not so. Another recent Florida decision points out the potential danger of including other documents. In Cuello v. Maroone Honda of Miami (Cir. Court, 11th Judicial Cir., Florida, 2011), the court found it was inconsistent to have RISC terms that purported to be final but then have a separate conditional delivery agreement saying the terms might not be final. The court held that the inconsistency created a Truth in Lending violation and corresponding state statute violations.

One lesson from that case is that the documents you choose to represent the entire sales financing agreement need to be consistent with each other (though whether the RISC and conditional delivery agreement are truly inconsistent is controversial and a topic unto itself). The RISC should include a cross-reference and maybe even a brief explanation about the other specifically included documents so all parties understand that they work together and why.

Perhaps another lesson from the Cuello case is that dealers should carefully choose the documents they want to be enforced as part of the final sales financing agreement between the parties. For example, pre-closing documents may reflect incomplete terms or terms in flux due to information not yet available or in negotiation. They might not include additional warranty protection or service products a buyer decides to purchase at closing. Merging those documents and terms would potentially create confusion about the actual agreed-on final terms.

The market’s response to recent Florida cases is still being determined. For now, it is clear that in Florida, or any other state, the best course of action is to review and determine which documents are intended to be a part of your final sales financing agreement with a buyer and then confirm that your RISC and other documents make it clear.

BY CHIP ZYVOLOSKIChip Zyvoloski is a senior attorney

for indirect lending at Wolters

Kluwer Financial Services. For more

information, visit www.wolterskluwerfs.

com/indirect.

ComplianceOverdrive

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WORL

D AUTOMOBILE

CHAMPIONSHIP

IN NOVEMBER, THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) and the Environmental Protection Agency (EPA) issued a joint proposal regarding new fuel economy and greenhouse gas emission standards for passenger cars and light trucks for model years 2017 through 2025. The proposed Corporate Average Fuel Economy (CAFE) standards range from 40.1 mpg in model year 2021 to 49.6 mph in model year 2025.

Detailing the costs and benefits of the program, the proposal states, “The agencies estimate that fuel savings will far outweigh higher vehicle costs.” The report estimates the technologies required to achieve the fuel economy standards will add, on average, $2,000 to the cost of MY 2025 vehicles, while fuel savings are forecast to range from $5,200 to $6,600 over the life of the vehicles.

Based on those costs and savings, the proposal calculates it will take four years for a consumer purchasing a MY 2025 vehicle with cash to realize savings. Consumers financing a MY 2025 vehicle on a five-year loan are projected to realize a cash flow savings of about $12 per month during the loan period.

The proposed standards for MY 2017-2025 include new options for manufacturers to achieve compliance. Beginning with MY 2017, manufacturers will be able to generate fuel consumption improvement values for improvements in air conditioning system efficiency to comply with the CAFE standards. They will also be able to apply savings from “off-cycle” technologies such as solar panels on hybrids, adaptive cruise control or active aerodynamics. In addition, the proposal includes manufacturer incentives encouraging hybridization of full-size pickup trucks.

The agencies’ joint proposal was published in mid-November, and public comments will be accepted through mid-January. For more information, the rule and related documents can be accessed on the NHTSA’s CAFE website at www.nhtsa.gov/fuel-economy.

BY ADR STAFF

CAFE Standards Update

THE WORLD AUTOMOBILE AUCTIONEERS CHAMPIONSHIP will be webcast live this year for the first time, courtesy of NIADA.TV. The live webcast of the 2012 WAAC can be viewed in its entirety on the home pages of www.niada.tv, www.niada.com and www.waacnet.net . Coverage begins at 11 a.m. Eastern time on Mar. 30 and is free for all online viewers. Cheer on your hometown favorite auctioneers and ringmen, and catch all the fun and excitement of the 2012 World Automobile Auctioneers Championship at your leisure, exclusively on all three websites. For more detailed information please visit www.niada.com and click on the “Events” tab, or call (303) 807-1108.

World Automobile Auctioneers Championship

Jeep Wrangler Rubicon Named Four Wheeler of the Year THE 2012 JEEP WRANGLER RUBICON was named Four Wheeler of the Year by Four Wheeler magazine.

The magazine has been conducting the competition since 1974, and it is one of the most daunting challenges a vehicle can undergo. Each vehicle was evaluated on its trail performance, mechanical and empirical data, highway performance, interior and exterior.

The competition took place over five days and 1,000 miles, providing the panel of seven judges ample seat time in each of the 4x4s. Judges tested performance on a number of terrain types as well as pavement to get a feel not only for what was under the hood, but also the comfort and design of the interior and chassis. The Wrangler Rubicon barely edged the Wrangler Unlimited version in the judging.

“The 2012 Jeep Wrangler Rubicon owned nearly all aspects of off-road testing during our annual our Four Wheeler of the Year competition,” Four Wheeler editor John Cappa said. “The grueling 1,000-mile trek put each contending vehicle through its paces in several on- and off-road environments including high-speed graded roads, jagged rocks, shifting sand dunes, and more. The universal do-all capability of the Jeep Wrangler Rubicon allowed it to outperform the other competing 4x4s.” THE COMPLETE TEST RESULTS AND VEHICLE EVALUATIONS WILL APPEAR IN THE MARCH 2012 ISSUE OF FOUR WHEELER. INFORMATION ON THE TEST WILL ALSO BE AVAILABLE AT WWW.FOURWHEELER.COM

VehicleNews

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REPORT OF CEASE AND DESIST LETTERS ISSUED(These letters direct the individual or business to cease violations of laws or rules)ENTITY TYPE VIOLATION CITY DATE ISSUEDJan Gura Espino Used Dealer Tulsa 10/20/2011Tommy Farris Used Dealer Elmore City 10/21/2011Salvador Gutierrez Used Dealer Poteau 10/21/2011Mike Huff Used Dealer Sallisaw 10/19/2011Dallas Stanley Auto Dismantler Heavener 10/21/2011TCC Auto Sales Rebuilder Stillwater 10/18/2011TCC Auto Sales Used Dealer Stillwater 10/18/2011Jeff Ward Used Dealer Oklahoma City 10/13/2011Bubby Wells Used Dealer Spiro 10/19/2011

CLOSED COMPLAINT REPORTThese are complaints that have been resolved one way or another.They do not necessarily reflect any wrongdoing on the part of dealers.

ENTITY CITY COMPLAINT RESOLVED165 Auto Auction of Muskogee Muskogee Contract 10/31/2011165 Auto Auction of Muskogee Muskogee Contract 10/31/2011Auto Ranch, Inc. Ardmore Miscellaneous 10/20/2011Big Red Sports/Imports Norman Contract 10/19/2011Bryan’s Car Corner III Oklahoma City Contract 10/13/2011Car Mart #1 Tulsa Contract 10/31/2011Cash Car Depot Oklahoma City Title 10/03/2011Conner Auto Group Waurika Contract 10/25/2011David Stanley Chevrolet, Inc. Oklahoma City Contract 10/04/2011Don Thornton Cadillac Saab, Inc. Tulsa Contract 10/31/2011El Chanillo Motors, LLP Tulsa Title 10/17/2011Heartland Motors Webbers Falls Title 10/06/2011I-35 Auto Auction/Pauls Valley, Inc. Pauls Valley Miscellaneous 10/28/2011Janzen Toyota Scion Stillwater Mechanical 10/28/2011Kar Spa Oklahoma City Title 10/25/2011Lawton Chrysler Jeep Dodge/B. Altstatt Lawton Contract 10/13/2011Montoya Motors Oklahoma City Contract 10/14/2011Regency Auto Sales, Inc. Nicoma Park Title 10/03/2011RNG Used Cars, LLC Sand Springs Title 10/03/2011Ronald David Used Cars Tulsa Title 10/31/2011Sycamore Homes Lawton Contract 10/18/2011The Car Store, LLC Oklahoma City Contract 10/06/2011Tulsa Woodward Auto Sales Tulsa Title 10/03/2011

LICENSES SUSPENDED OR ABANDONEDIn other action, the following licenses were suspended or abandoned:Bargain Motors #2, Ardmore: Out of business; per owner, Ronald Renzelman.Edmond Equipment, Inc, Edmond: Out of business; per owner, Michael Kelly.Eslin Motors, Elk City: Out of business; phone disconnected.Motor X Auto Sales, Tulsa: Out of business; per investigator’s report.Trinity Trikes & Customs, Moore: Out of business; per J.P. McLean.Triple Star Auto Sales, Poteau: Out of business; per investigator’s report.Victory Auto Sales & Credit, LLC, Oklahoma City: Out of business; phone disconnected.

IN ACCORDANCE WITH THE AGENDA, commission chairman John Longacre called on director John Maile for his report. Maile began by reporting he was working with Curt Roggow, legislative liaison, to develop language for bills to consider changes to the auto auction bond structure and to establish a mechanism for monitoring the activities of dealers who operate in this state under authority of out of state dealer licenses.

Maile also suggested the commission approve amendments to the Oklahoma Spot Delivery form to address the issues of timely trade-in vehicle payoff by dealers and clarify that the consumer remains liable for any payments due on the trade-in vehicle until funding is obtained for the purchase vehicle. Following consideration and discussion, the commissioners approved changes to the Spot Delivery form that would require the dealer to pay off the trade-in vehicle balance within seven calendar days of finalizing funding and make the consumer liable for any payments due on the trade-in vehicle until funding for the purchase vehicle is finalized.

Commissioners also acknowledged receipt of the commission’s monthly expenditures list, which was included in the agenda packet. This list includes contract expenditures, authority for which is included in the approved budget.

Deputy director Kenneth Whitehead’s report indicated commission staff had issued 10 cease and desist letters and completed 21 inspections for the period. Staff also handled 23 written complaints: eight title issues, 12 having to do with contract violations, one related to mechanical issues and two complaints of a miscellaneous nature.

Four informal hearings were held during the period, one of which resulted in a $200 fine levied on a dealer for employing an unlicensed salesperson. These informal hearings normally occur as a result of a complaint having been filed against a dealer. They give the dealer an opportunity to respond to the complaint and defend his/her actions. Most such complaints result in a satisfactory settlement between the complainant and the dealer, thus avoiding a lawsuit or other expensive action.

The commission education program had 21 in attendance. Applicants for a new license and dealers involved in significant rule violations are required to attend the commission’s education program as a part of acquiring or maintaining a state license. Until further notice, these education sessions are being held at the commission conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the commission meeting on the second Tuesday of each month. The sessions run from 9 a.m. to about noon or 1 p.m. You are asked to make reservations so staff can be prepared to accommodate you. Call the commission at 405-521-3600 to make your reservations.

NOVEMBER 8, 2011

Used Motor Vehicle and Parts Commission Report

OIADANews

BY ADR STAFF

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Persons other than supervised financial organizations or licensed supervised lenders engaged in making consumer credit sales, consumer leases, or consumer loans in the state of Oklahoma, OR persons with an office or place of business in Oklahoma who take assignments of and undertake direct collection of payments from or enforcement of rights against debtors arising from consumer credit sales, consumer leases or non-supervised consumer loans must renew their Oklahoma Department of Consumer Credit (DOCC) Notification Filing annually.

Application packets and renewal forms can be obtained by contacting the DOCC or by downloading from its website.The renewal form must be postmarked prior to January 1 or a $10 per day late fee is assessed.The 2012 fee for application or renewal is $120 and must accompany the submission.

In accordance with the Oklahoma Taxpayer and Citizen Protection Act of 2007, the DOCC requires all new applicants to submit a notarized affidavit verifying their lawful presence in the United States. The appropriate forms are included with the application packet. In accordance with the same Act, the DOCC requires qualified aliens to submit a new affidavit with each renewal form. U.S. citizens are not required to submit an affidavit with renewals.

ODOCC telephone: 405-521-3653ODOCC website: www.ok.gov/okdoccODOCC’s new address (as of Aug. 2011): 3613 NW 56 Street, Suite 240, Oklahoma City, OK 73112

ANNUAL RENEWALS DUE JANUARY 1, 2012

Oklahoma DOCC Notification Filings

Commission Revokes Dealer’s License FOLLOWING A FORMAL HEARING BEFORE the Used Motor Vehicle and Parts Commission (UMV&PC), a dealer’s license to conduct used car sales was revoked for allegedly selling vehicles from unlicensed locations, failing to follow field agents’ directives to correct the violations, failing to stay familiar with commission rules for used car dealers, and becoming belligerent and making threats to the commission staff.

Dealers should be aware of changes in commission rules. Free education sessions are available to new and experienced dealers on a monthly basis. It pays for the dealer and other management personnel to attend one every few years. When violations are reported, commission field agents, in many instances, will attempt to instruct dealers in the proper methods to correct those violations. Failure to attempt corrections and continuation of violations can result in serious penalties, such as fines, license suspension and even revocation of a dealer’s license to operate.

A summary of the UMV&PC rules can be found elsewhere in this publication.

BY ADR STAFF BY ADR STAFF

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3THERE IS NO DENYING SOCIAL MEDIA

IS ONE OF THE GREATEST MARKETING TOOLS AVAILABLE TO DEALERS TODAY. When properly executed, the results can blow preconceived notions about traffic and lead generation out of the water.

However, some dealers are reluctant to abandon familiar and comfortable marketing practices, even though they are no longer cost effective.

The Internet is where your customers are, and where you must focus. The average consumer visits 18 sites when researching a vehicle purchase. Up to 38 percent of them use social media like Facebook, LinkedIn and Twitter. And 80 percent say peer reviews influence their buying decisions. Those numbers are impossible to ignore.

Social media as part of an integrated Internet marketing platform will allow you to dominate your local market and increase ROI. Start by taking action today with these three critical steps:

STEP 1: OPTIMIZE FOR CONVERSIONEnsure your website is capturing visitors by

using your phone number and a request for quote or service estimate form. Track these conversions in Google Analytics (free) so you can measure and test for maximum website conversion.

STEP 2: CONTENT IS KINGDevelop a content marketing strategy to

drive prospects to your dealership. In today’s online marketplace, you need to be prepared to spend time (and some money) on creating and distributing valuable and informative content to high-value social media and web 2.0 sites. This is key to providing your website with high page rank back-links to drive additional traffic.

STEP 3: KEEP THE SEARCH ENGINES HAPPYIncorporate ongoing search engine

optimization (SEO) that is locally focused and employs both on-page and off-page

strategies to create a digital footprint around the web. Google and other popular online search engines are machines that want to be fed, but like the rest of us, they want fresh meat. Be sure to update online local business directory listings (photos, videos, special offers, reviews, etc.), social media networks and blogs on a consistent basis to achieve higher ranking.

A clear and consistent web marketing strategy will create a steady stream of quality leads that are yours alone, not shared or fought over with your competition. It is not magic, but the results can be magical.

BY CHRIS MARENTISCHRIS MARENTIS IS THE FOUNDER/CEO OF GENNEXT MEDIA, AN

INTERACTIVE MEDIA AND MARKETING COMPANY, AND CREATOR

OF THE SUREFIRE SOCIAL LEAD GENERATION MARKETING SYSTEM.

FOR MORE INFORMATION, CALL (703) 896-7688, EXT. 111.

Pillars of Success for Web Marketing

MarketingNews

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DRIVINGSALES HAS ACQUIRED consulting, training and research company Revenue Guru. As part of the acquisition, Revenue Guru founder and veteran automotive digital marketing expert Dennis Galbraith will join DrivingSales to lead and develop its research and data division.

Founded in 2009, Revenue Guru provides consulting, research and interactive training programs for dealer groups, manufacturers, and vendors, guided by Galbraith’s 11 years of experience at the center of automotive digital marketing. Galbraith previously ran the automotive internet division at J.D. Power and Associates and was vice president of advertising products and training for Cars.com.

“Without question, Dennis Galbraith is one of the leading marketing thinkers and analysts in our industry and, along with Revenue Guru, brings further depth and breadth to our training and business intelligence initiatives,” DrivingSales CEO and founder Jared Hamilton said. “No one understands marketing data research better, has a clearer view of trends – before they unfold – or knows how to drive traffic better than Dennis.”

Galbraith has also taught marketing for NADA Academy and at the graduate and undergraduate level at Embry-Riddle Aeronautical University.

For more information, visit www.drivingsales.com.

Revenue Guru’s Galbraith to Lead DrivingSales Research Division

ConsultingNews

“WITHOUT QUESTION, DENNIS GALBRAITH IS ONE OF THE LEADING MARKETING THINKERS AND ANALYSTS IN OUR INDUSTRY”

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VIDEO MARKETING HAS THE ABILITY to boost your local search ranking and drive quality traffic, via the social community, back to your website. There is a huge market on video distribution sites like YouTube and Vimeo just waiting to be tapped.

Take a look at some of these quick and simple ways your dealership can get started with video marketing:

Testimonials: These are a great way to promote your dealership – real people from the community expressing a positive opinion about their experiences. Think of it as online word of mouth, which is always the best advertising. A simple 20-40 second video of various interviews placed on your website, blog, social media and video distribution sites will give potential customers another reason to trust your services. People want real-life examples. Testimonials give them that. When the new owner drives away singing your praises, ask if he’d like a picture on his phone to share with his Facebook friends.

How-to videos: Interested consumers

are searching online for videos to help them solve their problems. Think vehicle safety or enhanced performance tips, maybe a short clip on installing child safety and booster seats or the importance of proper tire pressure. Short videos like these are great ways to give your dealership the reputation of wanting to help people without asking for anything in return. Like the old adage says: Give in order to receive.

Interview the dealer: Record a short welcome message from the dealer or general manager. Include local involvement, which can help the community relate to your dealership through a personal connection, not just the business one. Remember to keep it short and sweet to keep your viewers engaged and wanting more.

Incorporating video on your website, utilizing keyword strategy and distributing throughout the web will boost your overall search ranking. Successful dealers evolve with the times – in order to stay ahead of the game it is imperative to maximize your online visibility and reputation by becoming an active part of the social media community. You can start by capitalizing on the value in video SEO.

BY CHRIS MARENTISCHRIS MARENTIS IS THE FOUNDER/CEO OF GENNEXT MEDIA, AN

INTERACTIVE MEDIA AND MARKETING COMPANY, AND CREATOR

OF THE SUREFIRE SOCIAL LEAD GENERATION MARKETING SYSTEM.

FOR MORE INFORMATION, CALL (703) 896-7688, EXT. 111.

MarketingNews

Creating Serious Buzz with Video Marketing

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OIADA New and Renewal MembersOCTOBER 2011

The following list includes members who joined or renewed their OIADA/NIADA membership during October. We express our sincere appreciation for all the members of OIADA and extend our invitation to dealers who are not members. A membership application can be found elsewhere in this newsletter. We urge you to be an active part of maintaining a strong and effective used car industry voice in the legislative and regulatory environment. With the current Congress, we need that voice more than ever!

John Easttom, Chairman

Company Name Joined CityR D & D Used Cars Danny Dowdell 1991 ClintonR Don Hickey Used Cars Don Hickey, Inc. 1993 Oklahoma CityR James Hodge Ford, Inc. James E. Hodge 1996 IdabelR Barry Sanders Supercenter Barry Sanders Supercenter 2009 StillwaterR Bowers Auto Sales Rex Bowers 1999 MoundsR Oklahoma Auto Exchange, LLC Mike Clopton 2005 Oklahoma CityR Bolen Used Cars, Inc. Don Bolen 1994 Oklahoma CityR Terry Halbert Auto Sales, Inc. Terry Halbert 1998 YukonR D & S Performance Autos, Inc. Douglas Tessier 1992 Broken ArrowR Boyd Performance Classic Cars, LLC Danny E. Boyd 1997 PorterR #9 Auto Sales John Fletcher 2000 TecumsehR R & E Exotic Autos, LLC Eric Gove 2010 NewkirkR Ben’s Auto Sales Abi Golsorkhi 2009 Warr AcresR Albright Insurance, Inc. Daren Wilson 1991 Ponca CityN CSTK Motors Mike Nelson 2011 Oklahoma CityR Frazer Computing, Inc. Michael Frazer 2004 Canton, NYR CarMax The Auto Superstore Tyler Kidd 2005 RichmondN Chase Auto Finance Max M. Ellis 2011 Oklahoma City

License Applicants ApprovedThe following applicants, as listed in the agenda for the Used Motor Vehicle and Parts Commission regular meeting of Nov. 8, 2011, were considered for issuance of used motor vehicle dealer licenses and wholesale vehicle dealer licenses. The applications were approved pending compliance with the state licensing laws and rules, and subject to final approval by commission staff.

Used Dealer Licenses COMPANY NAME CITY 15th Street Motors Rebecca Aufier Newcastle Francis Aufiero3-N-1 Auto Group, Inc. Quanah Newman Oklahoma City Miranda MoodyAda Nissan, Inc. Clifford L. Underwood AdaAda’s Eastside Auto’s, Inc. William Heath Allison Ada Chris Rhynes*Autosource Motor, LLC Lucas S. Kjar Tulsa(Owner Lucas Kjar is a resident of Woods Cross, Utah)Bell Camper Sales, Inc. Lane Bell BartlesvilleChris Pruitt Auto Sales, LLC Rhonda Pruitt TahlequahD & D Motors, LLC M. D. Benbrook WoodwardDiscount Fleet Nationwide A/S LLC John Revels CushingDuo Motorsports, LLC Phuong Truong “Dere” Duong Oklahoma CityFarris Auto Sales Terri Farris Pauls Valley Tommy FarrisImperial Motors Arash Mazaheri Oklahoma CityJim Norton Toyota of Lawton Michael Rentschler LawtonL O Ranch Trucks Lorraine Marie Ocker Grandfield Leo Eugene Ocker*Mid-Continent Truck Sales, Inc. M.T. Hines Norman(Owner Lyndel Hines is a resident of Marlow, Okla.)Motor Sports of Muskogee David R. Bower Muskogee Pamela BowerRay Hibdon’s Car Choice #2 Leslie Hibdon Oklahoma City Denny Dodd**Red River Auto Auction Kevin Hammond CaleraRed’s Used Cars Robert D. Berry Miami*Ryder Vehicle Sales, LLC John Diez Oklahoma City(Owners John Diez, Cristina Gallo-Aquino, Michael Lubben, Flora Perez and William Daniel Susik are all residents of Florida)Stateline Truck Center Dell Wood ColbertThe Lot Auto Sales, LLC Mark Blackmon BartlesvilleThe Numbered Car Company, Inc. Elizabeth Frame Ellison Tulsa Margaret Pellegrini**Toyspeed Motorsports, LLC Jose C. Dagum, III Tulsa**U Matter Motors, Inc. Troy Paul Enid Tyron WheelerWholesale Motors, Inc. Jansen Reese Roland Faron Reese

* Special circumstances** Subject to provision of financial information

Wholesale Dealer Licenses COMPANY NAME CITY Benchmark Auto Solutions, LLC Darin Tankersley Broken ArrowDavid Boyd Auto Center, LLC David Boyd Tulsa

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Join OIADA And See

More Profit In Your Pocket!

Join OIADA and trade with these vendors, and they will more than cover the cost of

your membership.That leaves

More Profit In Your Pocket!When When you join or renew your membership in

OIADA, you receive a full set of Dealer Discount VIP Cards.

These cards are available ONLY to OIADA MEMBERS and are DEALER EXCLUSIVE.

Call (405) 232-2947 or visithttp://www.e-oiada.com/join

to to Join OIADA Today!

Join OIADA and Receive Your 2011 VIP Discount Cards!Your Dealer Discount VIP Cards are just one of the many benefits of OIADA membership. Their

value alone is over four times greater than the $295 annual membership fee. Join OIADA today to get started saving with your own Member-Exclusive Dealer Discount VIP Cards.

I-40 Auto Auction, Muldrow Thursday @ 7:00pm: One Buy Fee.

165 Auto Auction, MuskogeeWednesday @ 7:00pm: One Buy Fee.

Dealers Auto Auction of OKC TThursday @ 8:30am: One Sell Fee up to $50. One Buy Fee up to $50.

ADESA Tulsa Friday @ 9:00 am: One Sell Fee up to $50. One Buy Fee up to $50.

CarMax Auctions, Oklahoma City location. One Buy Fee up to $50.

AmericaAmerica’s Auto Auction, Inc. of TulsaWednesday @ 2:00pm: Dealers only or Saturday @ 11:00 am: Dealers & Public. One Buy Fee up to $50.

I-35 Auto Auction, Pauls Valley Tuesday @ 7:00 pm: One Buy or Sell Fee up to $75.

I-40 Auto Auction, Inc., Del City Tuesday @ 6:30pm: One Buy Fee up to $50. One Sell Fee up to $50.

Central Auto Auction - Hwy 37, Tuttle 1st Saturd1st Saturday of each month 10 am: One Free Sell Fee

Manheim Missouri - Springfield Thursday @ 9:00am One Sell Fee up to $100. One Buy Fee up to $70.

Manheim Dallas/Ft. Worth Thursday @ 9:30 am: (Trinity Blvd location) Free Buy Fee. Only available at Thursday sale.

Manheim Metro DallasManheim Metro Dallas Tuesday @ 9:00 pm: Free Buy Fee.

Manheim Dallas Wednesday @ 9:00 am or Friday @ 10:00 amFree Buy Fee

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1

OIADA/ADR ORDER FORM

Date of Order:___________________ Residential Delivery? yes_____ no_____

Requested By: ____________________________________________________

Visa Master Card Discover Amex 3 or 4 digit code # ________________

Credit Card Billing Address:_______________________________________________________________

Expiration Date:________/_________ Signature:______________________________________________

Ship To: ___________________________________________________________________________________ _____Ph.__________________________ Name ________________________________________________________________________ _______________ Fax:_________________________ Physical Address (no P.O. Boxes) _____________________________________________________________________________________________________________________ City, State, Zip Code

Item # Item Description Price No. Total All Items in packs of 100 unless otherwise noted $ $

F01 Dealer Warranty Disclaimer 10.00 F02 Odometer Disclosure Statements (3 part) 11.00 F03 30 Day Notice (Title Receipt – (1 part perforated)) 7.00

F04 Buyers Guides – FTC AS IS (2part) 15.00 F04 A Buyers Guides – FTC AS IS 4 seal (2 part) 50.00

F 04 B Buyers Guides – FTC AS IS Spanish (2 part) 18.00 F04.1 Vehicle Inventory Record (bound book per each) 14.00 F05 Retail Purchase Agreement (3 part) 25.00

A 127 Wholesale Buyers Order (50) 13.00 F05.0 Vehicle Inspection Form (2 part) 17.00

F05.1 Privacy Notice – Special Order Required – email [email protected] F05.3 Repo Notice of Sale (2 part) 17.00

F05.4 Repo Calculation of Return (2 part) 17.00 F06 Multiform (Retail Buyers Order – Bill of Sale – 3 part) (short form) 25.00

F06.1 Multiform (Retail Buyers Order – Bill of Sale – 2 part) (short form) 18.00 F06.2 Retail Purchase Agreement – Multiform – 3 part (long form) 60.00

F07.1 Poly Stock Window Stickers (per 250) 30.00 F08 Retail Installment Contract (4 part) 50.00 F08.3 Simple Interest Contract – Legal size (5 part) 65.00

F09 Lien Entry Form MVD-21-A (pad of 100) 10.00 F09.0 Agreement to Provide Insurance 40.00

F10.3 We Owe Forms (2 part) 17.00 F11 Used Car Sales Envelope – Deal Jacket (9”X12” Tan – Printed on both sides) 25.00 F11.1 Used Car Sales Envelope – Deal Jacket (9”X12” Green) 25.00

F13 Credit Application 23.00 F13.2 Personal Loan Applications 23.00

F13.1 Spot Delivery Form 18.00 F14.6 Consignment Forms 15.00 F14.4 Certificate of Ownership 25.00

F14.5 Dismantler’s Forms 25.00

F07 B Stock Window Stickers – Blue___; Blue Blank___; Green___; Red___; Red Blank___ 11.00 F10 Rigidene Key Tags – (Bag 125) White or Yellow 11.00

F10.0 Rigidene Key Tags – (Box 500) White or Yellow 40.00 F10.1 Top Stripe Key Tags – (Box 250) Black, Green, Orange, Red Blue, or Pink 20.00 F10.2 Protek Key Tags (Box 250) Blue, Red, White, or Yellow 23.00

F10.3B EIT (Service Department) Key Tags (Pack of 1,000) 23.00

F14 Plastic Folders for FTC AS IS (Pack of 25) 21.00 F14.1 Plastic Folder Kits for FTC AS IS (Box of 100) 58.00

S15 Dealer Tag Magnets (per each) 7.00

S15.1 Pan Head Tag Screws (Box of 100) 10.00 S15.2 Hex Head Tag Screws ( Box of 100) 10.00

(Continued next page)

Order on line at www.buyadr.com

Prices subject to change without notice

Rev 04/26/11

Phone 800-346-4232 Fax 405-799-3367

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2

Item # Item Description $ Price No. $Total S15.3 Hex Head Tag Screws (Metric – Box of 100) 10.00

S15.4 Nylon Tag Screw Inserts (Box of 100) 7.00 S15.5 Tag Thumb Screws (Box of 50) 10.00

S15.7 Rubber Tag Holder with Magnet (per each) 16.00 S16 Rubber Dealer Tag Holder (per each) 12.00

S17 Uni Posca Marker (Small – each) White__, Pink__, Yellow__, Red__, Blue__, or Green__ 4.00 S17.1 Uni Posca Marker (Medium – each) Green__, Orange__, Red__, Pink__, or Yellow___ 5.00

S17.2 Uni Posca Marker (Jumbo - each) Pink___, Red___, White___, or Yellow___ 7.00 S17.6 Uni Posca Marker ( Wide – each) Wht.___; Yel.___; Red___; Or.___; Gr.___; Pink___ 9.50

S17.3 Lettering Paint Pot w/brush (each) Green__,Blue__, White__, Yel__, Pink__, Red__, Or__ 9.95 S17.4 Solid Marker Paint Stick – Solidified Paint (each) Red___, Yellow___, White___, Blue___ 4.00 S18 Key Board – 32 peg (per each) 45.00

S18.1 Key Board – 55 peg (per each) 65.00 S18.2 Key Board – 105 peg (per each) 105.00

S18.3 Key Board – 38 peg (per each) 50.00 S18.4 Key Board – 75 peg (per each) 88.00

S20 Floor Mats – Plastic/paper (Box of 500) 69.00 S21 Rear View Mirror Signs – Various imprints (Packs of 50) 14.00

S21.1 Windshield Signs – Various model years (Packs of 12) 6.95 S21.2 Windshield Message Signs – Various 3 ½ X14” (Packs of 12) 3.50

S21.4 Windshield Number Signs – 7 ½” (Packs of 12) 3.50 S21.5 Windshield Number Signs – 9 ½” (Packs of 12) 3.50 S21.6 Windshield “Bubble” Number Signs – 3”X4” (Packs of 12) 2.00

S21.7 Arched Slogan Signs (Mates with year signs) (Packs of 12) 4.50 (list desired imprints here)

FEX (formely DOX

TM – DealerCap

TM ) Forms (Dealership protection):

A 100 Customer Proposal 23.00

A 101 Trade-in Vehicle Appraisal 23.00 A 102 Test Drive Agreement 23.00

A 116 Used Vehicle Limited Warranty 23.00 A 119 Authorization to Release Payoff Information 23.00 A 120 Notice to Co-Signer 23.00

A 121 Insurance Coverage Acknowledgement 23.00 A 123 Delivery Confirmation and Acknowledgement (also covers “We Owe” Items) 23.00

A 123 S Delivery Confirmation (Spanish) 23.00 A 123 F Delivery Confirmation (for sales in language other than English or Spanish) 23.00

A 124 Customer Delivery Checklist 23.00 A 125 Acknowledgement of AS IS Sale 23.00 A 126 Good Will Repair Acknowledgement 23.00

A 130 Retail Purchase Agreement 32.00 A 140 Interpreter’s Acknowledgement of Confirmation 23.00

A 141 Service Loaner Agreement 23.00 A 144 Agreement to Arbitrate 23.00 A 145 Retail Lease Agreement 32.00

A 214 Carbonless Receipt Books (meets federal requirements) (200 numbered receipts) 24.00

B 50.1 NADA Used Car Guide (Annual Subscription $90.00) (per each) 8.00 B 50.2 NADA Older Car Guide (Annual Subscription $72.00) (per each) 27.00 B 52 Black Book Weekly Guide (Annual Sub. $121.00) (per each) 8.00

B 54 Black Book Truck & Van (Annual Sub. $101.00) (per each) 10.00 B 55 Black Book Old Car Monthly Guide (Annual Sub. $86.00) (per each) 10.00

B 53 Black Book CPI Collectible Vehicle Value Guide (per each) 10.00 Weatherproof Temporary Tags – To help you to comply with the new law on Temporary

Tags, OIADA now supplies weatherproof tags that comply with the UMV&PC Rules.

See temporary tag order form elsewhere in this document OTHER

Notes: Member Discount is 10% Order on line at www.buyadr.com Shipping is by UPS Ground - Place your order by 2:00 pm and it will be shipped that day to arrive at your door the next business day. Make checks payable to OIADA. Payment due upon receipt - Net 10 days - 2% per month late payment OIADA managed by ADR of Oklahoma

ORDER TOTAL

MBR DISCOUNT 10%

SUB-TOTAL

SALES TAX

SHIPPING

C.O.D. CHARGE

TOTAL DUE OIADA

Shipping & Handling Chart Order Value Amount $ 1.00 $ 30.00 $ 9.50 $ 30.01 $ 50.00 $ 10.50 $ 50.01 $100.00 $ 12.50 $100.01 $130.00 $14.50 $130.01 $150.00 $15.50 $150.01 $200.00 $16.50

Add $6.00 for residential addr.

CASH CHARGE Check #_________

Visit our Web Page: www.buyadr.com

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Dealer Insurance Check ListBe Aware - if your policy doesn’t say it’s covered, it isn’t covered!

NotI. Property Insured Insured

A. Building (that you own or are required to insure) ------------------------------------------------------- q qB. Business Personal Property (furniture, office equipment, parts, tools that you own) -------- q qC. Property of others

1. Customers’ Personal Property ----------------------------------------------------------------------------- q q2. Employees Tools ----------------------------------------------------------------------------------------------- q q

D. Fire Legal Liability (covers damage to building you lease that results from your negligence) -- q qE. Flood/Earthquake --------------------------------------------------------------------------------------------------- q q

II. CrimeA. Employee Dishonesty -------------------------------------------------------------------------------------------- q qB. Money ---------------------------------------------------------------------------------------------------------------- q qC. Theft of Contents -------------------------------------------------------------------------------------------------- q q

III. Sign ------------------------------------------------------------------------------------------------------------------------- q qIV. Glass ------------------------------------------------------------------------------------------------------------------------ q qV. Valuable Paper/Accounts Receivable ------------------------------------------------------------------------------ q qVI. Business Interruption (loss of income)

A. Extra Expenses ----------------------------------------------------------------------------------------------------- q qB. Earnings -------------------------------------------------------------------------------------------------------------- q qC. Rents ------------------------------------------------------------------------------------------------------------------ q q

VII. Computer & Software ------------------------------------------------------------------------------------------------- q qVIII. Dealer Garage Coverages

A. Garage Liability ----------------------------------------------------------------------------------------------------- q qB. Medical Payments ------------------------------------------------------------------------------------------------- q qC. Uninsured Motorist ----------------------------------------------------------------------------------------------- q qD. Garagekeepers (autos owned by others in your care) ------------------------------------------------- q qE. Dealers Physical Damage (your autos) - (Must insure 100% of your inventory or you may be penalized at time of loss)

1. Collision – Deductible --------------------------------------------------------------------------------------- q q2. Comprehensive – Deductible ------------------------------------------------------------------------------- q q

F. Driveaway Collision (Covers vehicles that go beyond 50 miles of your place of business ---- q q to an auction or other distribution point)G. Drive Other Car Coverage (Provides non-owned auto coverage for officers of corporation) q qH. False Pretense ($25,000 Aggregate Limit) ------------------------------------------------------------------ q qI. Federal Odometer (Errors & Omissions) -------------------------------------------------------------------- q qJ. Truth in Lending (Errors & Omissions) ---------------------------------------------------------------------- q qK. Consigned Vehicles ------------------------------------------------------------------------------------------------ q qL. Scheduled Vehicles

1. Tow Trucks for hire -------------------------------------------------------------------------------------------- q q2. Collision/Comprehensive on specific autos ------------------------------------------------------------ q q

M. Boats (Must be covered by separate policy. Excluded for both liability and physical --------- q q damage under dealer policy)

IX. Workers Compensation ----------------------------------------------------------------------------------------------- q q(Covers your employees injured in the course of employment for medical expenses and lost time. Also provides employers liability in the event employee sues you as a result of injuries. Coverage required by law if you have 3 or more employees.)

X. Umbrella Liability (Provides additional limits of Liability over basic coverage) ----------------------- q qXI. Identity Theft ------------------------------------------------------------------------------------------------------------ q q

Remember: You can help control your rates by practicing loss prevention

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