Flashes November 2018

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NADA Washington Conference NC Dealers Go To Washington, D.C. A delegation of NCADA leadership, led by Chairman Tim Ilderton and Vice Chairman Jay Wyatt, participated in the 2018 NADA Washington Conference in September. Joining the group were NCADA Immediate Past Chairman Tom Hunter, Board of Trustees members David Westcott and Dave Hansing, Board member and current TIME Ally National Dealer of the Year Jack Salzman, and NextGen member Greg Westcott. NCADA President Robert Glaser and General Counsel John Policastro also joined the group. Attendees heard the latest on key federal issues facing franchised dealers during the last few months of the current Congress. The meeting also presented an opportunity to hear from government officials including Director of The Office of Management and Budget and CFPB Acting Director Mick Mulvaney, Senator Pat Toomey (R-Pennsylvania), as well as a midterm election update by nationally recognized political analyst Charlie Cook. Most importantly, NCADA visited with North Carolina’s congressional delegation including Senators Thom Tillis and Richard Burr and Representatives Richard Hudson, Ted Budd, Mark Meadows and Mark Walker. As part of these discussions, the importance of resolving the Military Lending Act issue was stressed to the members. NCADA thanks our dealer leaders for participating in this important conference and providing our members of congress with a firsthand perspective on the key issues impacting our industry. Fall Board Meeting Board meets to address industry issues and shortage of qualified labor Chairman Tim Ilderton led the NCADA Fall Board Meeting in late October in Blowing Rock, NC. The Board addressed several industry issues including the shortage of qualified labor, an update on the Hyundai/Genesis realignment plan, the Military Lending/GAP issue, as well as initial plans for the 2019 North Carolina legislative session. Additionally, the Board approved a plan for the 2018 Hometown Heroes Program that will culminate on December 11 in Winston-Salem with the recognition of the local hometown heroes. Board members were also encouraged to reach out to their local fire, police or EMT chief to nominate a local first responder. Lastly, the NCADA legal team provided Board members with an update on the proposed Title in Transit plan that takes effect this coming January 1, 2019. Several members joined the NCADA Board of Directors and attended their first industry Board meeting. New Board members include Mary Margaret Latham Vann from Parkway Hyundai Volvo Subaru in Wilmington, Mark Carter from Carter Chevrolet in Shelby, Adam Parks from Parks Chevrolet in Kernersville, Damian Mills from the Mills Automotive Group and our new Secretary, Jeff Michael from NorthPoint CDJ Ram in Winston-Salem.
TITLE IN TRANSIT New “Title in Transit” Law Effective January 1, 2019 For decades, dealers have frequently been either criminally or administratively cited by DMV for selling vehicles without having physical possession of the title at the time of the sale. Recognizing the issue as a significant concern for franchised dealers, the NCADA Board of Directors instructed NCADA’s legal team to seek an alternative process that would protect consumers while recognizing the inherent difficulties when motor vehicle titles are not delivered to the dealer in a timely manner. After multi-year discussions with DMV, NCADA was successful in enacting legislation in the 2018 legislative session to establish a process in which a dealer can lawfully sell a motor vehicle without having physical possession of the vehicle’s title, provided that the dealer provides the purchaser with a written disclosure notice informing the purchaser that the dealer does not have possession of the title and certifies in writing to DMV that all outstanding known liens have been paid and that the dealer will submit the title within certain time frames. Due to difficulties DMV perceived about obtaining information about vehicles titled in other states, as currently written, the new law will not allow dealers to sell such out-of-state vehicles unless the dealer has physical possession of the vehicle’s title. However, NCADA is optimistic that vehicles with out-ofstate titles will be added to the law soon. This legislation becomes effective on January 1, 2019, and since the enactment of the bill, NCADA has been working with DMV on implementation forms, issues and processes. Dealers are encouraged to look for upcoming Dealer Alerts with important details and other information in advance of the effective date. NCADA thanks all dealers and other dealership representatives who assisted in this effort over the years with contacts to your legislators on this critical industry issue.
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Flashes November 2018

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