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How COVID – 19 has Changed the Car Buying Market

11/30/2020

 
Although many businesses and industries suffered greatly when COVID-19 hit, the mobility and the automotive industries were part of the hardest hit.  Even though many businesses have reopened, consumers are still suffering from financial and health concerns and a worry about the future.

There have been significant improvements in the automotive industries financial outlook in the last few months.  Across the country, car purchases are still 14% below averages before COVID, but that shows a four point percentage improvement since earlier this spring.

Purchase intent is increasing across the country, especially in homes with higher incomes.  The numbers are still below pre-COVID, but show increases from last spring and summer.  Many consumers are planning to spend less on their new or used car than before and are taking advantage of discounts offered by dealerships and automakers.

A big factor consumers are looking for is the ability to conduct all of the purchase online or with very little contact at the dealership.  Many dealers are offering test drives with no sales person in the car and may even bring the vehicle to your home for you to drive.  Some consumers are willing to pay extra for this service if it isn’t offered at their dealership.

​People are also traveling less and while they are likely to return to pre-COVID habits, it is believed that walking and biking as much as possible will become more popular.  Many consumers are still concerned about public transportation and are choosing to commute and travel by private vehicle rather than by plane or bus.  Younger consumers want constant access to a private vehicle and this will likely drive car sales higher when people feel more financially secure.

Tips from People Who’ve Bought Cars during the Pandemic

11/16/2020

 
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Buying a car during the COVID-19 pandemic will most likely be unlike any other time you have purchased a vehicle.  Dealerships may not be open, or if they are, they are open for shorter periods of time with fewer sales people.  Their inventory of used cars may be smaller, as fewer people are trading in cars right now.  Check out these videos of people just like you who found cars during COVID – 19.

Buying a car during the pandemic could be a great deal.  “Be prepared for surprises and don’t get discouraged!”


How to buy a car in a pandemic.  “Make a plan before you need to buy a car.”


What I learned buying a car in a pandemic “Don’t be afraid to speak about safety concerns.  Expect the sales process to take longer than usual because dealerships are often using only a skeleton staff.”


Buying a car during the pandemic: what to expect “Test drives look a lot different.  Here are tips to stay safe while looking at a new vehicle.”


Pros and Cons of Car Buying during Covid- 19 Pandemic “Try to buy something in stock as custom orders could take several months.”


When you are ready to purchase a new vehicle, do your research on what incentives may be available and how other people handled buying a car during the pandemic.

Assignment of a contract

11/9/2020

 
Most people think that when they can’t afford to pay cash for a car, a financing institution, like a bank or credit union, gives them a loan to buy the car.  If you go to the bank and you are given a check, you would be right.  When financing occurs at the dealership, the dealership is actually extending you credit so you can buy the car over time.  It is sort of like layaway at a department store.  Outside your presence, the dealership enters into negotiations with a bank, credit union, or subprime lender to sell the financing contract to the financial institution.  If the bank buys the contract, you get the car, the dealer gets its money, and the bank gets payments over time. 
 
Next time you buy a car or truck, look for language like this at the bottom of the financing paperwork:  Seller assigns its interest in this contract to (name of financial institution like FMCC, GMAC, etc) (Assignee) under the terms of Seller’s agreement with Assignee. 
 
This provision makes it clear the dealer is financing the sale of the car and then selling its right to repayment to a financial institution.  

Arbitration and the Assignment of a Contract

10/26/2020

 
On October 21, 2020, the South Carolina Court of Appeals issued an opinion stating that if a car dealer finances a sale and then assigns (sells) the financing contract to a third party.  The dealer cannot enforce any arbitration agreement in the contract.  

In this case, Rick Hendrick Dodge allegedly sold a car under fraudulent circumstances.  It then sold the retail installment sales contract to Santander.  When the buyer sued Rick Hendrick Dodge, the dealer asked the court to force the parties into arbitration, a private proceeding usually held in a conference room not a court room.  The lower court found that Rick Hendrick Dodge did not have any rights to compel arbitration.  Rick Hendrick Dodge appealed.  The Court of Appeals determined, “Because Rick Hendrick Dodge assigned the RISC to Santander, we find all alleged rights arising from the contract, including the right to have an arbitrator determine the arbitrability of the action and the right to arbitrate, were extinguished as to Appellants.” 

The court’s ruling confirms the rule that contracts are to be enforced as written and when you assign all a contract to another party, you do not retain any rights to enforce any of the contract’s provisions.

Should I be Concerned about Buying a Car from China during the Pandemic?

10/5/2020

 
While many parts of vehicles are produced in China, there are very few cars actually manufactured there.  The popular 2020 Buick Envision is, but most dealers have a large supply that has been in the United States for several months.  Some Kia and Hyundai models are produced in Korea, but the most popular models are manufactured in the United States.

Since the COVID – 19 virus is spread by droplets when someone who has it sneezes or coughs, it is highly unlikely that purchasing a car shipped from overseas would be contaminated.  The CDC does believe you can get the virus from touching a surface that has been contaminated, but the length of time it takes for a vehicle to be shipped from overseas should kill any germs on the vehicle.

Even cars that are manufactured in the USA take a long time to get from factory to dealerships so any contaminated surfaces should be fine before anyone purchases the car.  However, any time someone gets into the car, it is possible that they are spreading germs.

​It is more likely that you will get the corona virus from someone who drove the car than from the manufacturer.  For this reason, you should always ask the dealership about their disinfecting process and whether the vehicle has been sanitized before you test drive it.

There is little reason to be concerned about where your vehicle was manufactured as the COVD-19 germs will not survive the trip from another country or sitting in a warehouse in the United States waiting to be shipped.

How the Pandemic is Affecting the Number of Cars being Manufactured

9/28/2020

 
For nearly two months, car production plants around the country were closed due to the pandemic and the need for social distancing.  There have also been supply interruptions for parts that are manufactured in China.  Starting in mid-July, auto manufacturers were producing again, but some are still running at a reduced production rate due to restrictions.

Most automotive manufacturers cannot produce new cars like they used to.  With social distancing restrictions, many have had to lower the number of employees that are in the plant at the same time, and they simply can’t keep up with normal production with a reduced work force.
Even with car manufacturers producing again, it is possible that another outbreak of the COVID-19 virus could disrupt production again.  A single supplier of needed parts that has to shut down could cause widespread disruption in production across the country.  Also, many automakers stopped producing vehicles and made essential medical equipment, such as ventilators, respirators, and face shields.  Some manufacturers are still making the medical equipment instead of vehicles.  When the medical equipment is no longer needed, it will take time to get the plants ready to produce cars again.


Supply issues have also been an issue to getting car production back up to full speed.  Manufacturers no longer stockpile needed components for their vehicles so they simply don’t have everything they need to start building cars again.  They have to wait until parts are shipped, often from out of the country.  With concerns about receiving parts from China still very high, many parts are sitting in warehouses until they are deemed “safe” for employees to handle.


Chevrolet, Ford, and Lincoln all canceled or postponed the delivery of new models.  Even when production is back up to normal, design and testing facilities are still minimally staffed so it may take several months for new models of cars to be available to the public.
 

How Can I Make Sure a Used Car has been Properly Disinfected before I Test Drive It?

9/21/2020

 
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When the corona pandemic began, many companies sent letters or emails to their customers that shared what they were doing to keep their employees and customers safe.  Often, these procedures are posted on the doors as you enter a business.  If you visit a dealership that has not posted their guidelines, feel free to ask what they are and be ready to visit another dealership if you aren’t comfortable with what you are told.

Every dealership has a different idea of what sanitizing a car means.  For one, it may mean that the driver’s side interior has been wiped with disinfecting cloths, while another will completely sanitize the interior of the vehicle.  Some dealerships insist their mechanics sanitize under the hood after they finish working on a car, while others do nothing for the engine.

The reality is, unless you actually see someone disinfect the car, you can’t be sure it has been done.  For that reason, it is perfectly fine for you to ask that the vehicle be cleaned while you watch.  If a dealership won’t accommodate you, then go somewhere else.

For some customers, the threat of COVID-19 is so worrisome that they take their own sanitizing wipes and clean the car themselves before they test drive it.  They can be sure any area that they may touch has been cleaned to their satisfaction and they feel safer when they test drive a car.  If you are looking at a car being sold outside a dealership, you should definitely clean the car yourself as a private citizen has no guidelines that they have to follow when selling a car.

​When the sales person disinfects the car, make sure they wipe all of the buttons and knobs on the car, the steering wheel, gear shift and mirrors.  Before you take the key or key fob from them, ask for it to be disinfected, too.  Remember to wipe the door handles, seat belts, and seat adjustment buttons.  For your safety, either wash your hands or use hand sanitizer before and after your test drive and keep your hands away from your face while in the car.

 

How is the Coronavirus Affecting Car Loan Interest Rates?

9/14/2020

 
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In March, the Federal Reserve made several moves to reduce interest rates and help support the economy.  While this should help keep your car loan interest rate down, you should be aware that interest rates are slowly going back up.  However, many car manufacturers are offering huge incentives to lure consumers back to car shopping.

No interest loans, if financed through their corporation, are plentiful right now on new cars.  Manufacturers are even offering longer loan periods and offering options to not make your first payment for several months.  Most often, these incentives are only available to those with excellent credit and who are looking to purchase a new vehicle.


If you are looking to purchase a used vehicle, or your credit is less than perfect, the best way to get lower interest on your loan is to shop around different financial institutions.   Changes in interest rates are happening daily and to find the best rate for you, you will have to put in time and effort to compare several financial institutions. Remember, you will likely have to do most of your shopping on the phone as many places are still closed or only open for limited hours.


Different financial institutions lower their rates at different times so a few phone calls could save you thousands in interest on your loan.  Because the economy is still shaky, some banks don’t want to take on any loans that may be a risk to them, so they are pricing their interest rates very high to drive people to seek other options.  Other lenders are making their interest rates very low to offer as many loans as they can.


This is why you need to carefully compare several places.  Your credit score will drastically affect what interest rate you are offered.  Once you have a pre-approved amount, take it to the dealership and see if they will offer any incentives to convince you to get your loan through them.


Most experts agree that there is no way to know exactly what will happen to interest rates in the next several months.  Many factors are unknown.  Right now, interest rates are still low, but slowly rising, so if your job is secure, it may be a good time to search for a new vehicle.

Does the Lemon Law Cover Business Vehicles?

8/15/2020

 
When your business depends on reliable transportation, mechanical issues with your vehicles can cause a loss of income or even customers.  When it’s a new vehicle that is not running properly, your frustration can be even worse. 

The lemon law states that a vehicle that does not operate correctly and the manufacturer (or an authorized agent of that manufacturer) cannot repair the vehicle within a certain amount of time, you are entitled to a replacement or a refund.

​In South Carolina, only vehicles that are designed to transport ten or fewer people are covered.  The law also covers trucks that weigh less than 9,000 pounds when they are empty.  This law pertains only to new vehicles, not used or previously leased vehicles.

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To be considered a lemon, the problems must show up within the the warranty period.  The mechanical problem must substantially affect the vehicle’s market value, safety, or use, and it cannot be repaired within a reasonable amount of time.  Under South Carolina law, a reasonable amount of time is considered to be when the vehicle is out of service by reason of repair  for thirty or more days or three attempts to repair the same problem.

Business vehicles are not covered by the Lemon Law.  But what is a business vehicle?  Obviously, a tractor trailer rig or a piece of farm equipment are business vehicles and not covered.  On the other hand, a vehicle can be owned by a business but still be covered by the Lemon Law.  The issue comes down to whether the motor vehicle is normally used for personal, family, or household purposes and subject to the manufacturer's express warranty.    

As the business owner, you also need to be very careful about how your vehicles are driven.  If the mechanical problem is caused by abuse or neglect of maintenance guidelines, your lemon law rights may be affected.  Also, if you plan to alter your car in any way, such as adding a trailer hitch or roof racks, you should have an authorized dealer install the items.  If the alterations are not approved or installed by the dealer, the manufacturer can claim those alterations caused the mechanical problems, and you will have a harder time proving your car is a lemon. 

Just remember, the more you use the vehicle in your business, the more ammunition you give the manufacturer’s lawyer to claim that the vehicle does not qualify under the lemon law.
If you have problems with a vehicle, start documenting everything that is done to repair it from the very first trip to an authorized mechanic.  Keep all paperwork and notes of any discussions you may have with the dealership.  You will need to notify the manufacturer of the problems within the time frame, and be sure to have copies of any documents  you send to anyone.  You should also document lost wages for when you were unable to use your vehicle for your business.

After three attempts to repair the vehicle, it may be in your best interest to hire an attorney who has experience with the lemon laws of your state.  Your lawyer can advise you of the next steps you need to take to receive a refund or a replacement on your vehicle. 

 
 

Did you Buy a New Ford and then Lose your Job?

7/20/2020

 
Recently, the Ford Motor Company launched a new program called the Ford Promise program. It is intended to help those people who purchased their new vehicle and then lost their job due to the coronavirus and the downturn of the nation’s economy.  It is also intended to reassure people who are considering the purchase of a new vehicle.

Anyone who purchased or leased a vehicle and financed it through Ford can now return their vehicle within the first year they own it if they lose their job.  The return must be made within thirty days of losing their income.  The program only covers personal vehicles not commercial or business ones.

Vehicles with model years 2019, 2020 and 2021 are eligible, and the vehicle can be used, new, or certified pre-owned.  This program is good for vehicles that are purchased through September 30, 2020. 

A value will be assigned to your vehicle using the National Automobile Dealers Association average trade-in value.  The amount you owe will be reduced by that amount, and Ford will waive up to another $15,000 of your loan.  If you owe more than that on your vehicle, you will be responsible for the rest of the loan.

You are also responsible for any late or deferred payments, and if there is any damage to the vehicle, you must pay for that.  Once all of the conditions of the program are met, the account is marked as closed and paid so no one needs to worry about a negative report in their credit report. 

The company states the program is to assure anyone considering a vehicle purchase but who is worried about the uncertain economy and possible job loss, that there is help available if they do lose their job. 

“We feel like right now, the economy is at the stage of recovery where people want things to be back to normal, they want to buy, but they’re still a little nervous about what the future holds,” says Mark LaNeve, vice president, U.S. marketing, sales and service. “We want them to know we understand that, and we’re here to support them in their buying decisions.”  (media.ford.com)

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