Why Its Illegal to Buy a Car from a Manufacturer - YouTube

Channel: Donut Media

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- In 2014, automotive marketplace website, Edmunds,
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published a study that found
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1 in 5 Americans would give up sex for a month
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in order to avoid the process of haggling when buying a car.
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And that 1 in 3 would rather do their taxes.
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A Gallup poll found that car salespeople
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were ranked dead last
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in a list of professions and their perceived commitment
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to honesty and ethics.
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Landing below lawyers, insurance salespeople,
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and even members of Congress.
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Safe to say,
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the public does not like car dealerships very much.
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But how did that happen?
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Believe it or not,
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consumers used to have a lot of options
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when it came to buying a car.
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But now, in an age when you can buy anything online,
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you still can't buy a new car from your phone.
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Today on Wheelhouse,
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we're gonna find out why it's illegal
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to buy a car directly from the manufacturer.
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It's a little more complicated than you might think.
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- A big thank you to Omaze
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Now, back to the show.
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- Say you're a Tesla fan that lives in Texas,
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and you're finally ready to get the EV of your dreams.
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The Model S Plaid.
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You saddle up and mosey on down
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to one of 13 Tesla galleries operating in the state.
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That's gallery, not dealership.
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And take a look at what they have to offer.
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You talk to the helpful staff about models,
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performance, options, et cetera.
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And then you inquire about the price.
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Well, you just made your first mistake.
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Why is it that you're not allowed to talk about money
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when it comes to Teslas in Texas?
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A lot of people don't know this,
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but you can't just buy a car directly from a manufacturer.
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Like, you can't walk up to GM's headquarters
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and buy a Corvette.
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That's why those companies have dealerships,
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but Tesla is the exception here
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because, in most states, they have galleries
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where you can view the cars and talk to experts about them.
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Even discuss the options like I mentioned,
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but they don't have any traditional dealerships
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where you can purchase the cars.
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So how do you actually buy one?
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Well, first, you're gonna have to hop online
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and order your preferred Tesla
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through the company's website.
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Just make sure you're not standing on the property
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of a Tesla facility while you do that.
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You place your order and get your paperwork sent to you
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from a Tesla store, anywhere outside of the state of Texas.
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Then you can go ahead and pay for the vehicle.
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Again, as long as you're not
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on Tesla owned or rented property, while you do it.
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And Tesla can then ship the car
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to one of eight service centers
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they have around the state of Texas.
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At that point, you can go pick up your car
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and Texas will be more than obliged
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to register it for you,
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and collect the appropriate taxes due.
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Congratulations.
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You can now chew through electrons to your heart's content,
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or until the batteries run out across The Lone Star State.
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So why the run-around?
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Well, the very thing that's preventing Texans
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from buying Teslas directly from the manufacturer
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is the same thing that prevents you
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from buying a Chevy, or a Ford, or a BMW,
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anywhere but a dealership.
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State franchise laws.
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These laws were passed way back before Tesla
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was even an inkling in the minds
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of Martin Eberhard and Marc Tarpenning,
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back before World War II, in fact.
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And the reasons they came about are varied,
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complicated, and on some levels, antiquated.
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Before state franchise laws,
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manufacturers sold their products
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through many different distribution methods.
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You had dealer franchises,
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factory owned stores, wholesalers,
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retail department stores, consignment arrangements,
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even traveling salesman. I'm not joking.
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It was the Wild West of selling cars,
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and it was time for the law to come to town.
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Now, the optimistic story behind state franchise laws
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is that they were intended to protect the consumer
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and local communities.
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The reasoning given back then
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was that people opening up dealerships
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were independent entrepreneurs
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spending their own money to buy or lease land and equipment,
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build facilities, and hire local people.
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And if the major auto manufacturers could just come in
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with their nearly limitless resources at their disposal
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to set up their own distribution,
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no one on the local level could possibly compete.
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A local dealership could spend years,
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and hundreds of thousands of dollars
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establishing a presence in a particular territory,
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and a manufacturer could just swoop in,
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run them out of business by undercutting them on price.
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That's not good.
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Even if they didn't drive independent dealerships
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out of business completely,
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without laws in place to protect local entrepreneurs,
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manufacturers could just bully anyone they wanted,
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doing things like forcing dealerships
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to buy unsold vehicles
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from the current model year, under the threat,
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of not sending any of the upcoming models
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when they came out.
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The more cynical take is that the state franchise law model
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saved the auto manufacturers
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the money, time, and hassle
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of opening up their own stores
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in cities across the country,
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allowing them to pass that cost onto dealerships,
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and as a result, the buyers,
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and to quickly establish a presence
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in multiple markets, all at once.
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So instead of buying your iPhone from the Apple store,
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it'd be like, if you could only buy
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from a licensed independent dealer
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who first bought the phones directly from Apple,
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marked up the product, and then turned around
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to sell it to you at a higher price.
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It doesn't sound like a very good deal, does it?
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Regardless of their reasons,
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dealerships went around lobbying state legislatures
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to pass these laws.
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Their arguments when something like:
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"Mandating the franchise model
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will keep the dealerships and their owners
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as upstanding members of the local community.
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More likely to hire locally,
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support local businesses,
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and take pride in their products, and repairs,
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throughout the life of the vehicle.
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More than that,
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in markets large enough to support
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more than one dealership of any particular manufacturer,
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the franchise model will foster competition,
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driving down prices, and giving an incentive for dealerships
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to go the extra mile in pleasing the customer,
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whether that's better financing options,
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or better sales and service experience."
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For example, if every Chrysler dealership
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is owned by Chrysler,
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the price of a 1952 Imperial is the same,
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no matter what showroom you happen to wander into,
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giving no incentive for competitive pricing.
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And when it comes time for a recall, or a repair,
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it's a lot harder for a franchise owner to live down
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shoddy warranty work when your kids both play
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on the same Little League team.
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Unfortunately, though, these predictions
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haven't exactly come to pass in reality,
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or even by dealer's own admissions.
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Manufacturers already set their market price
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at the highest point they can get away with,
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whether that's at a wholesale or retail low,
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and any attempt to increase over that price point
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would just drive down the demand in an elastic market,
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offering an advantage to the competition.
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And with the franchise model requiring dealerships
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to maintain huge inventories of cars,
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the cost of that maintenance will always be passed
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on to the consumer.
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In fact, as I said earlier,
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that's the very reason why dealerships
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initially started lobbying for these laws
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in the first place.
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The worry, that they put in the effort
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to establish a foothold in a certain market,
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only to have the manufacturers come in
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and take over by offering the product
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at a lower price.
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The dealers already admitted that they simply can't compete
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with manufacturers when it comes to price.
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A fact that should be obvious to anyone.
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These arguments were very successful,
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at least at the state level.
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And today, every US state has some version
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of franchise laws on the books.
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And federally,
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with the "automobile dealers day in court act" of 1956,
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say that three times fast,
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dealers are allowed to bring a federal suit
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against any manufacturer who fails to comply
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with the terms of a franchise agreement, or terminates,
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cancels, or refuses, to renew a franchise.
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Sounds good, right?
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So where did we go wrong?
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Well, today your local dealership
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probably isn't very local,
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or at least the numbers are trending that way.
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Today, there are around 17,000 dealers, nationwide,
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compared to more than 22,000, just 10 years ago.
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That's a drop of around 20%. And the trend is continuing.
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Your average dealer is far from
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the mom and pop shop of yesteryear
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who struggled to just barely make a living.
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Massive, publicly traded dealership groups, like AutoNation,
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and Lithia Motors, are buying up and consolidating
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independent dealerships as quickly as they can.
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And the result is higher cost for you
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and higher profits for them.
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In the last decade,
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Lithia saw their sales revenue
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jump from 2 billion to 12.7 billion,
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and AutoNation saw an increase
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from 12.5 billion to 21.3 billion.
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And that's not just because of inflation.
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According to the National Auto Dealer Association,
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the 16,623 franchise light vehicle dealers, in the US,
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sold 14.5 million light duty vehicles in 2020,
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a drop of about 15% from the 17.1 million sold in 2019.
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And yet, with total sales topping $980 billion in 2020,
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that represents an increase of almost 50%.
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And that's not even counting the money
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they make off repairs.
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Including that, and you can add
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another 100 million to the cat foot.
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So how does that math work out?
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Well, it's mostly COVID's fault.
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Long story short, the bottom fell out of the car market
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in the spring of last year.
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Factories were shut down and supply lines were disrupted.
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No one knew what was going to happen in the world,
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let alone the auto industry.
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Then people started shopping again.
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And the problem was, there weren't any cars to be had.
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Demand returned, but supply hadn't rebounded yet.
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That's a recipe for disaster for the average consumer,
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and dealers had an appetite for destruction
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that ended up putting a squeeze
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on the car-buying public.
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We're actually gonna go way more in depth
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on COVID's effect on the car market,
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in the aftermarket in a few weeks.
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So make sure you subscribe, so you don't miss that.
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But, surprisingly, there's good news on the horizon.
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A major portion of the cost of vehicles we buy
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comes in transportation,
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moving all those vehicles around
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to the various dealer lots
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and in unsold dealer inventory.
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A 2009 analysis by the US Department of Justice
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found that, in 2008,
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there were $100 billion worth of vehicles,
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just sitting on dealer lots,
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incurring a cost of around $900 million, annually.
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Keeping cars on hand costs money.
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Dealers have to pay for huge lots,
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employees to move, wash, and maintain them, and more.
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That same study found
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that if our national dealer system
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moved to a build-to-order model,
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like they use in other markets around the world,
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costs could be reduced by 8.6%.
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I know that doesn't sound like much,
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but with the average car price tag
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eclipsing $40,000 this year,
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an extra 3,500 bucks in your pocket
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doesn't sound too bad, does it?
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Costs aside, who wants to be beholden
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to whatever the dealer has on the lot.
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Even with the average dealer,
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having nearly 600 new and used vehicles in their inventory,
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it seems like you never manage to find
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exactly what you want.
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Not to mention the cost to the environment
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and the wasted space.
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It seems to benefit no one.
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It's extra cost for the dealers
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and less choice for the buyer.
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And in a world where anyone with a smartphone
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can find out exactly what dealers are paying for cars,
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what cars are actually available in their area,
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and what everyone else has already paid to buy them,
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the benefits of the dealerships are dwindling.
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The COVID-19 pandemic has meant that customers,
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and dealers alike, have had to shift
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expectations and deliverables.
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With more shopping happening online,
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people being more willing to wait
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for the exact car they want, contactless interactions,
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and benefits that would have been unheard of
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just two years ago,
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like return policies up to seven days
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if you don't like your purchase,
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this is already happening.
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And it doesn't have to end here.
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Even small steps,
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like taking care of the majority of paperwork at home,
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and online, would have a massive effect
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on the overall satisfaction customers
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have with the dealership buying experience,
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something that has been historically and notoriously low.
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Look, I know a fair amount of people
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that have worked at dealerships.
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I know some of watching might also work at dealerships.
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We've worked with car dealerships,
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and they've always been great places,
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but something has to change in this process
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if we want consumers to be happy
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with their buying experience again.
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A car is the most expensive consumer product
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most of us will ever buy.
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And I know I'd prefer to get exactly what I want,
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with the exact color, the exact options I choose,
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rather than having to settle
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from the limited selection at a local dealership.
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Getting all that at a cheaper price,
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without having to haggle for hours
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and drudge through mounds of boring paperwork
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sounds pretty great.
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But for all the talk about franchise laws
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protecting the consumer,
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we've really gotten the raw end of the deal.
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It's taken a company, like Tesla,
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with a disruptive new technology and piles of cash
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to finally make some headway in breaking the momentum
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that the franchise model has built up.
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The timing is right, too.
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The auto industry is experiencing a historic wave
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of upheaval right now,
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with manufacturers closing plants,
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canceling models, and revamping production,
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figuring new stuff out, new technologies.
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Let's extend that to the franchise model
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and build a new system that benefits dealers,
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buyers, and even the environment,
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preferably before I go to buy my next car.
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Alright, thank you very much for watching Wheelhouse.
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Let me know what you think of car dealerships
[782]
down in the comments.
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What have your experiences been like?
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If you have a good story, a bad story, let me know.
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What could they have done better?
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What did they do right?
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I want to hear about it.
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I think some car dealers
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are probably going to be looking at these.
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Follow doughnut media, on all social media, @donutmedia.
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Follow me @NolanJSykes.
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If you're a doughnut super freak,
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hit that "join" button down below,
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if you haven't already joined the donut underground.
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But you get access to a Discord channel,
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We've got a fair amount of those now.
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It's pretty awesome. They're all awesome.
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They're all great.
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Be kind. I'll see you next time.