August 15, 2007
Volume #1, Issue #33

  DEALER NEWS

     - Annual Member Golf Event

     - Consumers, Not Protesters, Are

       Best Gauge for Hybrid Models

     - The Case for the Gas Tax

     - Iowans Feel Snubbed,

       But Will It Matter?

   

  LEGISLATIVE STATUS REPORTS

     - Mile High Victory

 

  REGULATORY & LEGAL UPDATES
     - Reminder: 10-Day Notice
       Requirement if Financing Cannot

       be Obtained  


  UPCOMING SEMINARS
     - Title Processing Training

     - Employment Discrimination &
       Hiring/Firing


  CALENDAR OF EVENTS

     - Upcoming Events
     - CADA Regional Member Briefings

  DEALER MILESTONES,
     HIGHLIGHTS & TRANSITIONS

     - Announcing New Name & Location

       of Silverthorne Dealerships

     - Let Us Know About YOUR
       Accomplishments

 



    ARCHIVES

       CLICK HERE for Open Road
       e-newsletter archives.

 

       CLICK HERE for Bulletin archives.

       CLICK HERE for Colorado Auto  
       Outlook
archives.


       CLICK HERE for Denver Auto
       Outlook
archives.

 


 

      ONLINE REGISTRATION

CLICK HERE to
register online

for various CADA 
seminars & events.


 


 

    MEMBERSHIP RESOURCES

        CLICK HERE for detail on the
        Speaker and Educational              
        Resources
.

 

        CLICK HERE for a list of current    
        Allied Members
.

 



 
www.nada.org
 


If you have questions or
suggestions regarding this
e-newsletter, please
contact Tim Jackson at tim.jackson@cadaonline.org 

Click here or scroll to the bottom
of this page if you want to be
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Visit us at www.cadaonline.org.


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--------------------------------

The CADA Annual Member Golf Event is less than TWO WEEKS AWAY! Click here for more details and to register for the event...

 

ANNUAL MEMBER GOLF EVENT...LESS THAN TWO WEEKS AWAY!

CADA Annual Member Golf Event
Monday, Aug. 27

This year's event will take place at the Valley Country Club at 14601 Country Club Dr. in Aurora, which boasts the Essence of Colorado Tradition. A special thanks to our title sponsor, GE Money Warranty Services. We are also collecting 'goodies' for our goodie bags. If
you are interested in donating, please contact Lauren Stadler at 303.831.1722. Note that there will be two hole-in-one $10,000
cash prizes, awards for 1st/2nd/3rd place plus valuable door
prizes! There will also be a professional photographer on-site.

 

         CLICK HERE to register online
      
or dealer members CLICK HERE

       to download a registration form!

 

Allied members CLICK HERE to download a registration form!

 

 

CONSUMERS, NOT PROTESTERS, ARE BEST GAUGE FOR HYBRID MODELS

Denver News, Aug. 13, 2007

 

Professional protestors are nothing if not nimble. They mobilize to criticize like nobody's business, especially when it's none of their business and the targets are the American auto companies.

 

A little more than a year ago, Ford Motor Co. and its executives were bashed at work and at home by environmental activists who screamed that the company was abandoning its commitment to the Earth because it modified its business plan when it realized that building a quarter million hybrids wasn't feasible.

 

"Ford has broken its promise to protect the planet," the Bluewater Network said in anti-auto propaganda it posted on its Web site. "(T)he planet cannot afford a Ford."

 

It didn't matter that gasoline-electric hybrids and other fuel alternatives were changing so fast that no one technology was the answer. It didn't matter that every business that wants to stay in business reads the tea leaves to stay afloat.

 

Ford's sin was adapting to market conditions and balancing that with changes in technology and uncertain federal regulations.

 

How dare they?

 

CLICK HERE to read the entire article.

 

* * * * * * * * * *

 

THE CASE FOR THE GAS TAX

It could reduce fuel use more

Detroit Free Press, Aug. 12, 2007

 

WASHINGTON -- U.S. Rep. John Dingell's pitch for a massive increase in gasoline taxes makes little sense standing next to a fuel pump shoveling another $50 into your tank. But from the boardrooms of Detroit's automakers and the halls of Washington's think tanks, it appears better than most alternatives.

 

While Dingell's proposal stands as massively unpopular, a band of experts contends higher taxes on carbon and gasoline would be the most effective way to wean Americans from foreign oil. Yet some environmentalists say Dingell is less interested in saving oil than saving Detroit's automakers from tougher fuel economy standards.

 

CLICK HERE to read the entire article.

 

* * * * * * * * * *

 

IOWANS FEEL SNUBBED, BUT WILL IT MATTER?

Washington Post, Aug. 13, 2007

 

DES MOINES, Aug. 12 -- If there was one thing that was plain at Saturday's gathering of Republicans in Ames, Iowa, it was this:
They don't like to be dissed.

 

The GOP throng groaned and booed at any mention of the no-shows -- former New York mayor Rudolph W. Giuliani, former senator Fred D. Thompson (Tenn.) and Sen. John McCain (Ariz.) -- and warned the missing candidates that skipping the straw poll will be remembered.

 

"It's just like going out on a date," said Iowa GOP Chairman Ray Hoffmann. "If you want to meet someone, you have to make an effort to talk to them." As for this year's missing suitors, he added, "If they don't show up, we feel a little bit neglected."

 

The absence of the trio robbed former Massachusetts governor Mitt Romney of the bragging rights from defeating them. And it raises questions about whether the candidates can get back into the good graces of voters here before Iowa's first-in-the-nation caucuses in January.

 

More than that, though, their boycott of so venerable a ritual as the Ames contest strikes at a basic tenet of presidential politics: Don't mess with Iowa and New Hampshire. It also hints at a significant threat to Iowa's cherished place at the front of the nominating calendar: If most of the major candidates can ignore the straw poll with impunity, what's to stop them from doing the same with the caucus?

 

"I think if they thought they could have won, they'd have been here," Romney said on "Fox News Sunday." "If you can't compete in the heartland, if you can't compete in Iowa in August, how are you going to compete in January when the caucuses are held? And then how are you going to compete in November of '08?"

 

Romney's bravado may be a bit premature. The other major candidates insist that their courtship of Iowa voters is just beginning.

 

Thompson, not even a candidate yet, makes his first trip to the state on Friday. McCain's campaign manager sent an e-mail Saturday night saying, "We are fully committed to competing successfully in the Iowa caucuses, and we look forward to continuing to campaign aggressively in the Hawkeye State."

 

Giuliani spokeswoman Maria Comella said the decision to skip Ames was designed to keep the focus on winning the caucuses and not divert resources to a contest that awards no delegates to next year's Republican National Convention. "The bottom line is we are committed to Iowa," she said.

 

A week before the straw poll, Giuliani was asked while campaigning in the state what impact the balloting in Ames would have on the race for the GOP nomination.

 

"By the time we get to the caucus, it's not going to have a big impact," said Giuliani, who is returning to campaign in western Iowa on Wednesday. "Some decided to be in it, some decided to be out of it. We think ours is going to turn out to be the better strategy, to put our emphasis on the caucuses in January instead of the straw poll."

 

Giuliani may prove to be right, but he and the other Republicans have work to do to catch Romney in Iowa. The former governor leads in all recent scientific polls of the state, including a Washington Post-ABC News poll in late July. When Iowa Republicans were asked which candidate had worked hardest in their state, Romney, at 49 percent, was their overwhelming choice.

 

CADA forwards news articles and opinion columns of interest through Open Road
to inform members of current events. These in no way reflect the views, opinions,
and/or positions of CADA or its member dealers. They are sent for informational
and educational purposes only.

 


 

 

Mile High Victory

By CAR lobbyist Jeremy Cottrell

 

While the Denver Broncos are finishing up training camp at Dove Valley, there was early action last month at the home of the Broncos–Invesco Field at Mile High.

 

The second annual House Republican Football Classic kicked off on July 31 at 3 p.m. The teams were divided into festive orange and blue teams commemorating Broncos team colors. Leading the blue team was Rep. Steve King and Rep. Spencer Swalm, while the orange team was led by Rep. Don Marostica and Rep. Mike May. 


Each team gathered in their respective locker rooms to suit up and organize before taking the field. Once assembled, Rep. David Balmer announced each player as they exited the tunnel and took the field, complete with coverage on the jumbo-tron screen. 

 

Play by play was co-anchored by Rep. Cory Gardner and Rep. Bill Cadman, who took a comical and witty approach to the game. 

 

“Penry goes left for the first time all day…let’s hope he doesn’t get too comfortable over there!” barked Gardner. 

 

“There is laundry on the field; the refs have called a penalty…folks they are from the NBA…credit cards are accepted,” chimed-in Cadman.


Leading the blue team was Sen. Josh Penry and fellow Mesa State alum, Beau Smith-General Manager of Sill-Terhar Motors.  While down most of the game, the blue team was certainly not out. However, several participants were—including myself, as I gloriously tore tendons in my left ankle.


In the last 14 seconds, Penry engineered a game tying and eventual go ahead extra point with only 10 seconds left. The Penry-Smith combination hooked up three times, including the game-winning score to preserve the blue team’s defending champion status. 


The game was exciting, the plays were thrilling, the injuries were plentiful, and the outcome was grand as CADA represented itself proudly. 

 


 

 

REMINDER: 10-DAY NOTICE REQUIREMENT IF FINANCING CANNOT BE OBTAINED

 

A reminder to all dealerships that an affirmative duty exists to notify consumers within 10 calendar days if financing cannot be obtained. Colorado Revised Statutes (C.R.S.) provide that this notice be required within a “reasonable time period” and regulations promulgated by the Motor Vehicle Dealer Board (M.V.D.B.) define that reasonable timeframe to be 10 days. It is also important to note this requirement is calendar days; not business days.

 

C.R.S. 12-6-118(3)(v) Failure to give notice to a prospective buyer of the acceptance or rejection of a motor vehicle purchase order agreement within a reasonable time period, as determined by the Board, when the licensee is working with the prospective buyer on a finance sale or a consignment sale (effective March 9, 2004).

 

REGULATION 12-6-118(3)(v). A dealer shall give notice of rejection of financing to the prospective buyer within ten (10) calendar days from the date of the purchase order or agreement on a finance or consignment sale (effective Dec.1, 2004).

 

As most dealerships may be aware, the following disclosure (which is required by statute) allows the dealership to disclose upfront and collect charges for the consumer’s use of the car if financing is still pending at the time of sale and does fall through:

 

REGULATION 12-6-104 (3)(k). Disclosures Required As Part Of A Motor Vehicle Contract:  SECTION E:

 

E. You and the dealer have agreed that the vehicle will be delivered to you prior to the purchase price being paid in full. If financing cannot be arranged at the terms stated in the contract, and the contract is canceled, you agree to pay the dealer $___ dollars per day and ___ cents per mile for your use of the vehicle from the date of delivery until the vehicle is returned to the dealer. If the contract is canceled, it may require you to immediately return the vehicle to the dealer and to pay the cost of repair for any damage occurring to the vehicle while it is in your possession along with the agreed upon daily and mileage charges. The contract may also give the dealer the right to take the vehicle from you 24 hours after cancellation and demand for the vehicle’s return. You may also be required by the contract to pay any costs the dealer may have to pay in regaining possession of the vehicle. If you owe any money from daily and mileage charges, damage repair costs or repossession costs to the dealer when the vehicle is returned, the dealer may keep your deposit(s) up to the amount owed. Otherwise, the deposit must be returned unless you ____ have agreed that it is nonrefundable.

 

RECENT SCENARIO:  Recently at a dealership, a consumer ignored requests to return the car after financing fell through and kept the car for more than 50 days. Unbeknownst to the dealership, the consumer was not fully responding to demands for additional information from the financial institution. Ultimately the financial institution rejected the deal well after the 10-day notice requirement. The Auto Industry Division’s (AID) position on enforcement under this scenario is that the dealership needed to provide the required notice as quickly as possible, and take all steps allowable under the law to reclaim the car from the consumer. If this scenario arises in your dealership, consult with an attorney on the proper steps to take if the consumer is not responding to demands to return the car.  Since dealerships do have remedies available, these should be pursued as soon as possible rather than allowing daily charges to accumulate. Those remedies may include the rights created under the buyer’s order/contract or the retail installment sales agreement as well as legal actions to recover the vehicle. Dealers should not assume the vehicle can be repossessed unless they have a legal right to do so. In addition, dealerships should keep track of outstanding financed deals to determine if there are problems with approval.

  --------------------------------------------------------------------------------------------------------------------------

 

If you have additional questions on any legal or regulatory topics, please contact:

Or e-mail questions to regulatory@cadaonline.org to reach both.
 

DISCLAIMER: CADA is not authorized to dispense legal advice. The Information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers
should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance.

 


Topic

City

Date/Time

Location

Title Processing Training

By various county trainers/staff

Denver

SOLD OUT!

Wednesday,
Aug. 22

9:30 a.m. to

2:30 p.m.

 

lunch included

William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd
,  80203
(SW Corner of Grant/Speer)
 

Title Processing Training

By various county trainers/staff

Denver

SPACE STILL AVAILABLE!!!

Tuesday, Sept. 11
9:30 a.m. to

2:30 p.m.
 

lunch included

Marriott Denver Tech Center Hotel
4900 S. Syracuse St., 80237
Phone:  303.779.1100

CLICK HERE for seminar flyer and to fax or mail your registration.
CLICK HERE to register online.

Employment Discrimination & Hiring/Firing

By Mountain States Employers Council (MSEC) attorneys
Denver

Wednesday,

Sept. 19

9:00 a.m. to

1:30 p.m.

 

Continental breakfast and lunch included

William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd,  80203
(SW Corner of Grant/Speer)
Phone: 303.831.1722

Just scheduled! More details and registration form to be available soon.

 


Event Description n Date/Time Location
CADA Annual
Golf Eventnt

CLICK HERE for more details!

Monday, Aug. 27

-Sponsor Welcome
11:30 a.m.

-Noon shotgun start
 

Valley Country Club
14601 Country Club Dr.
Aurora, 80016

CLICK HERE for more details on Valley Country Club.

CLICK HERE to register online for this event!

CADA Regional
Member Briefings

 

 

_______

MDADA
Annual
Membership
Meeting

 

Ten meetings
for dealers
across Colorado

CLICK HERE for a full list of meeting locations, dates and times and to register online.
_______

Tuesday, Nov. 27
11 a.m. to 2 p.m.

lunch included
 

rsvp@cadaonline.org

* Please note different RSVP
for Colorado Springs and
Pueblo meetings.
 

_______

Cherry Hills Country Club
4125 S. University Blvd.
Cherry Hills Village, 80113

Attendees can register through
CADA via phone, fax or e-mail.
P: 303.831.1722
F: 303.831.9100
E-mail: rsvp@cadaonline.org

NADA Washington Conference Sept. 11-12 Grand Hyatt Hotel,
Washington, DC
NADA 91st Annual Convention & Expo Feb.9-12, 2008 Moscone Center,
San Francisco, Calif.
Denver International Auto Show March 26-30, 2008 Colorado Convention Center, Denver

 


ANNOUNCING NEW Name and location of Silverthorne dealerships

 

Spraddle Creek Auto Sales has changed their name, and soon their location too, from Silverthorne Motors to Vista Jeep Chrysler Dodge of Silverthorne and Vista Subaru of Silverthorne. A new store at 171 West 9th Ave., is being built to house both dealerships
and will be completed sometime in September. The general manager for the new store
in Silverthorne is Robert Farnell. For more information, visit their
website.

 

* * * * * * * * * *

LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Has your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@cadaonline.org.  Also include your contact information for further follow-up.

 


If you want to be added to our mailing list, please click here.
 


Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO  80203
Telephone:  303.831.1722
  |  Facsimile: 303.831.4205
www.cadaonline.org

 

Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.