| (a) A dealer may advertise a specific new motor vehicle
or line-make of vehicles for sale if the specific motor vehicle or
line-make is in the possession of the dealer at the time the advertisement
is placed.
(b) If the specific motor vehicle or line-make is not
in the possession of the dealer at the time the advertisement is placed,
the dealer must clearly and conspicuously disclose that fact in the
advertisement and state that the motor vehicle may be obtained from
the manufacturer, distributor, or some other source. The advertisement
must set forth the number of motor vehicles available at the advertised
price, if a price is advertised, at the time the advertisement is
placed or the dealer can show that it has the number of motor vehicles
available to meet the reasonable expectable public demand based on
prior experience.
(c) If an advertised price pertains to only one specific
motor vehicle, then the advertisement must also disclose the motor
vehicle's stock number or VIN.
(d) This section does not prohibit general advertising
of motor vehicles by a manufacturer, dealer advertising association,
or distributor, nor does it prohibit the inclusion of the names and
addresses of the dealers selling such motor vehicles in the particular
area.
(e) A motor vehicle dealer may advertise a specific
used motor vehicle for sale if:
(1) the specific used motor vehicle is in the possession
of the dealer at the time the advertisement is placed; and
(2) the title certificate to the used motor vehicle
has been assigned to the dealer.
|
| Source Note: The provisions of this §215.245 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective June 4, 2014, 39 TexReg 4271; amended to be effective February 13, 2017, 42 TexReg 571 |
