Category Archives: Auto Dealer

Dealership Arranged Leases: Is the Lessor Liable for the Lessee’s Negligent Operation of the Vehicle?


By Greg Johnson. A dealership leases a vehicle to a customer under a 48 month lease agreement. The lease is assigned to Honda Lease Trust, a leasing company, and administered by American Honda Finance Company. If the lessee-customer negligently causes … Continue reading

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Dealership Arranged Financing: The Indirect Auto Lending Process


By Greg Johnson. This article addresses the indirect auto lending process (a/k/a “dealer arranged financing”). While the article relies heavily on cases I have defended for dealerships here in Minnesota, the same process is involved across the nation. In Minnesota, … Continue reading

Posted in Auto Dealer, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , | Leave a comment

Auto Dealer Risk Management: Negotiating Dealer-Lender Agreement Terms


By Greg Johnson. Car sales are booming and lenders are clamoring for indirect financing business.  Now is a great time for dealers to dust off and review their Dealer Agreement (a/k/a lender master financing agreements) with lenders, particularly the warranty, … Continue reading

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Auto Dealers & Regulatory Compliance: If the FTC Comes Knocking


 Dealerships have become subject to increased regulation and enforcement, particularly in the areas of consumer advertising, consumer finance and consumer privacy. I recently posted an article to this blog entitled: Auto Dealer Arranged Financing: 51 Laws a Dealer Must Know. … Continue reading

Posted in Auto Dealer, Consumer Leasing Act, Errors & Omissions, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , , | Leave a comment

Auto Dealer Arranged Financing: 51 Laws Dealers Must Know


By Greg Johnson. It’s no secret that auto dealerships have become subject to increased regulation over the past several years, primarily in the areas of consumer advertising, consumer finance and consumer privacy. Although the recession of 2007-2009 was primarily related … Continue reading

Posted in Auto Dealer, Dealer Reserve, Errors & Omissions, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , , | 3 Comments

Hey Dealer, Can I Get a Loaner?


By Greg Johnson. I recently wrote an article for the Minnesota Automobile Dealer Association’s MN Dealer Outlook Magazine (Winter 2015).  If your Minnesota dealership provides dealer-owned loaner vehicles to customers while the customer’s vehicle is being repaired, you’ll want to … Continue reading

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Speaking at Automotive Dealer Subprime Sales Success Workshop on April 7-8th in Atlanta, Georgia.


I will be a speaker at the Automotive Dealer Subprime Sales Success workshop on April 7-8th in Atlanta, Georgia. I will be speaking on two related topics.  First, about F&I compliance and class action litigation issues (spot delivery, acquisition fees, … Continue reading

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Auto Dealer-Arranged Financing: When must TIL Disclosures be Provided?


By Greg Johnson. I recently posted an article, “Auto Dealer-Arranged Financing and the Truth in Lending Act: Understanding the Basics.”  This is one of several posts that get more specific. Under the federal Truth in Lending Act (“TILA”), 15 U.S.C. § … Continue reading

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Auto Dealer-Arranged Financing: Compliance with TILA May Satisfy State Retail Installment Sales Act — TILA Preemption and TILA Safe Harbors.


By Greg Johnson. I recently posted an article, “Auto Dealer-Arranged Financing and the Truth in Lending Act: Understanding the Basics.”  This is one of several posts that get more specific. Prior to the passage of the federal Truth in Lending Act … Continue reading

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Auto Dealer-Arranged Financing and the Truth in Lending Act: Understanding the Basics


By Greg Johnson. With all the discussion about the Consumer Financial Protection Bureau advocating the end of the so-called dealer reserve, I decided to post a series of articles outlining the auto dealer-arranged financing process supplemented by some of the … Continue reading

Posted in Auto Dealer, Dealer Reserve, Indirect Financing, Regulatory Compliance, TIL Disclosures, Truth in Lending Act | Tagged , , | 2 Comments