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2012 IADA OFFICERS
Chairman
Jim Lombardi
Lombardi Chev Buick
Wilmington
Vice Chairman
Gary Knight
Carmack Car Capitol
Danville
Treasurer
Mike Mangold
Mangold Ford
Eureka
Secretary
Dave Taylor
Taylor Chrysler Dodge, Inc.
Bourbonnais
President
Peter Sander
IADA
Springfield
IADA Staff Contacts:
Ph# 1-800-252-8944
Pete Sander
President
Ext. 103
Larry Doll
Legal
Ext. 105
Mark Harting
Administrative Services
Ext. 110
Mike Healey
Member Services
Ext. 107
Joe McMahon
Legislative
Ext. 113
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Your
IADA
Partner
Moving Vehicle Registration Into The Future
(click logo for more details)
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May 25, 2012 Vol 2012, Issue 6
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IADA LEGISLATION PASSES SENATE
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IADA continues to work on legislation which will allow the creation of a $20 dealer lien release certificate for title that is contingent on the dealer submitting a lien release letter from the lienholder. Current law requires a dealer to wait for the lienholder to deliver the physical title to a vehicle that the dealer takes in trade before he or she can sell the vehicle. Often, it can take weeks or months for the lienholder to deliver the title to the dealer, delaying the dealer’s ability to sell the vehicle. The new lien release title will dramatically speed up the turnaround of traded-in vehicles. This legislation now moves to the Illinois House for concurrence – we will keep you advised.
For more detailed information on the current benefits and proposed enhancements to our IADA-CVR program click here.
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ILLINOIS LEGISLATURE PASSES MEDICARE REDUCTIONS
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Illinois lawmakers passed legislation to reduce $1.6 billion in Medicaid coverage. The reductions include the Illinois Cares RX drug assistance program, health coverage and dental care. State/Federal spending on Medicaid in Illinois is about $15 billion a year.
These reductions are only part of the equation to fix the Illinois Medicaid crisis. Governor Quinn is seeking support for a one dollar-a-pack increase in the State’s cigarette tax to fill an overall $2.7 gap in Medicaid funding for the budget year that begins in July.
Some of the reductions include: $350 million through stricter screening for individuals applying for Medicaid coverage; $49.8 million by reducing the number of people for family care; and $72.2 million from a state-paid pharmacy assistance program.
The Illinois Legislature is scheduled to adjourn May 31st, 2012.
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IADA OFFICE CLOSED FOR MEMORIAL DAY
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Please note: The IADA Office will be closed on Monday, May 28th, in observance of the Memorial Day Holiday. As is all of the State of Illinois Offices we deal with on your behalf: Illinois Secretary of State, Department of Revenue, Attorney General’s Office, EPA, Department of Transportation and other various agencies.
“I have never been able to think of the day as one of mourning; I have never quite been able to feel that half-masted flags were appropriate on Decoration Day. I have rather felt that the flag should be at the peak, because those whose dying we commemorate rejoiced in seeing it where their valor placed it. We honor them in a joyous, thankful, triumphant commemoration of what they did.” ~Benjamin Harrison
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CONSUMERS LOOKING AT GAS MILEAGE
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According to a Consumer Reports survey, 37 percent of buyers said their leading consideration when car shopping will be fuel economy. Quality accounted for 17 percent, followed by safety at 16 percent, value at 14 percent and performance at 6 percent. Jeff Bartlett, Consumer Reports deputy auto editor: "While quality, safety and value are still important (there is) a market shift by folks seeking relief at the pump." |
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LEGAL REMINDER - DAMAGE DISCLOSURE
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When you sell a new vehicle that has sustained damage with a repair cost in excess of 6% of its MSRP, Section 5 of the Motor Vehicle Franchise Act requires you to disclose the damage to your customer. The manufacturer is obligated to make a similar disclosure to a dealer before delivering a new vehicle that has sustained damage in excess of 6% of the MSRP prior to delivery to the dealer. A dealer may revoke acceptance of a vehicle with damage in excess of 6% of the MSRP or request authorization to repair the damage. If the manufacturer refuses authorization of fails to make authorization within 3 days, the dealer may revoke acceptance of the vehicle. Damage to glass, tires, bumpers, video and telephonic components, and in-dash audio equipment is not considered in the calculation of repair cost if replaced with the manufacturer’s original equipment.
While disclosure of damage equal to or below 6% of the MSRP to a customer is not statutorily required, you may decide that the best course of action is to disclose it. In the case of Check v. Clifford, a new vehicle was scratched by a vandal while on the dealer’s lot. The dealer had an outside shop repair the damage and sold the vehicle without disclosing the damage, which was well below the 6% threshold. The paint repair failed and the customer successfully sued the dealer under the Consumer Fraud and Deceptive Business Practices Act. The customer’s lawsuit was not based on the dealer’s nondisclosure of the scratched paint, but on the dealer’s failure to disclose that the paint repair was substandard. Disclosure of minor damage at the time of sale could prevent annoying lawsuit later.
Additional information about damage disclosure requirements as well as damage disclosure forms are available on IADA’s website at www.illinoisdealers.com. You can also direct any questions to IADA Legal at (217) 753-0220 (extension 105) or ldoll@illinoisdealers.com.
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