Pub. 1 2019-2020 Issue 4

33 box. The legal term “clear and conspicuous” may also be specified, which means that certain language on the form must stand out from the surrounding text. Face and Backer The front of the form, or face of the document (page one), and the backer (page two) can be equally impor- tant. Customers should be given the opportunity to read the backer. Legibility The print on the form should be easy to read on all copies on either the face of the document or the backer. All cop- ies in multipart forms should be clearly legible. Simple language Documents should be drafted on a ninth-grade reading level for the average consumer. They should be written in simple nonlegal language but retain their legal efficacy. Copyright At the bottom of the document, there might be a copy- right symbol ©, or some other indication, signifying that the printer has registered the document with the U.S. Copyright Office and owns the intellectual prop- erty rights to this document. To have a valid copyright, it isn’t necessary to register the document or indicate that the document is copyrighted. Using or borrowing language from a copyrighted document may create an expensive liability to that dealer as it is a violation of copyright law. We have the road map. Arent Fox’s Automotive Group drives innovative strategies forward. Our cutting-edge, national practice advises automotive leaders as the industry faces a dizzying array of competitive and regulatory hurdles. Key Contacts Aaron H. Jacoby Automotive Practice Leader , LA 213.443.7568 aaron.jacoby@arentfox.com Russell P. McRory Partner , NY 212.484.3942 russell.mcrory@arentfox.com Victor P. Danhi Partner , SF 415.757.5505 victor.danhi@arentfox.com Smart In Your World arentfox.com Multipart Forms and Color of the Copies It is prudent for dealers to provide copies of the signed forms to the consumer. Dealers should maintain copies for the dealer’s file. Multipart forms provide this solution. The color of the different copies readily distinguishes them from one another. Verbatim Language Some statutes and regulations specify the exact lan- guage that must appear in the form. This language must be exactly copied from the statute or regulation without any deviation. Internal Language Consistency and Consistent Wording Language that is intrinsic to the document, or similar terms, appearing on other forms used in the transaction, should be harmonized, meaning that they should be uni- form and consistent from form to form. Conclusion Neither the consumer nor the dealer likes the paperwork. The only people who like paperwork are attorneys and accountants. However, these humble documents can provide great legal support for dealer transactions. They should be thoroughly understood and treated as valued dealer tools. 3 If a dealer knew that his deal jackets were going to be subpoenaed and carefully examined, how much more would that dealer appreciate these documents? What are the key reasons dealer documents should be valued?