COLUMBUS, Ohio -

Know the rules and document everything.

That, in a nutshell, is the advice dispensed by Keith Whann — an Ohio attorney who is the chief executive officer of Columbus Fair Auto Auction, general counsel for the National Independent Automobile Dealers Association and a Buckeye fan, himself — when asked what dealers can do to avoid finding themselves in the middle of the controversy swirling around the Ohio State University football program.

In light of allegedly questionable vehicle transactions coming to the forefront of the ongoing controversy surrounding the Buckeyes, Whann shared his perspective with Auto Remarketing on Wednesday afternoon.

Vehicle transactions that Ohio State players and families have had with Aaron Kniffin at two Columbus dealerships are under scrutiny. Affidavits from Kniffin and the two dealerships where he formerly was employed were provided by Ohio State to Auto Remarketing on Wednesday, each of which said they followed proper protocol.

Meanwhile, Whann — who is not representing any of the involved parties as an attorney — offered his take on how dealers can avoid this type of situation altogether.

“The first and foremost thing is that it’s like anything else, you want to know what the rules are,” he stressed. “You have to be familiar with that.”

Additionally, document everything you do with a visitor to your dealership, Whann emphasized, no matter what. For instance, if someone takes a test drive and then the vehicle is stolen or damaged, you have proof that it was during a test drive.

“You want to have it written. Then you’ve got some record of what was being done,” he stressed.

While breaking an NCAA rule may not bring any actual legal trouble for a dealership, that doesn’t mean this type of situation doesn’t come with repercussions. 

Major universities such as Ohio State often have car programs with dealerships, where for example, a coach is provided with a vehicle, Whann explained. If one of those dealerships gets a university or athletic program in trouble for actions that are illegal by the NCAA, the university may cut ties with that dealership.

Furthermore, one of the worst things that can happen when a dealership gets a university or athletic program in trouble is the “wrath of the community,”
Whann said.

“And I’ve seen that, and I’ve seen it go quite far,” he said. “So think before you act and make sure what you’re doing is appropriate.”

And if something is in a gray area, check first.

“When in doubt, if you are not absolutely sure, ask,” Whann stressed.