| (a) When featuring a sales price of a motor vehicle
in an advertisement, the dealer must be willing to sell the motor
vehicle for that featured sales price to any retail buyer. The featured
sales price must be the price before the addition or subtraction of
any other negotiated items. Destination and dealer preparation charges
and additional dealership markup, if any must be included in the featured
sales price.
(b) The only costs and charges that may be excluded
from the featured sales price are:
(1) registration, certificate of title, or license
fees;
(2) taxes; and
(3) other fees or charges that are expressly allowed
by law.
(c) A qualification may not be used when featuring
a sales price for a motor vehicle such as "with trade," "with acceptable
trade," "with dealer-arranged financing," "rebate assigned to dealer,"
or "with down payment."
(d) Advertising an "internet price," "e-price," or
using similar terms that indicate or create the impression that there
is a different or unique sales price for an online or internet consumer
or transaction is prohibited.
(e) A savings claim or discount offer is prohibited
except to advertise a new motor vehicle. No person may advertise a
savings claim or discount offer on a used motor vehicle.
(f) Statements such as "up to," "as much as," and "from"
shall not be used by a dealer in connection with savings claims or
discount offers.
(g) The savings claim or discount offer for a new motor
vehicle, when advertised by a dealer, must be the savings claim or
discount available to any and all members of the buying public.
(h) If an advertisement includes a savings claim or
discount offer, the amount and type of each incentive that makes up
the total amount of the savings claim or discount offer must be disclosed.
(1) If a savings claim or discount offer includes only
a dealer discount, that incentive must be disclosed as a deduction
from the MSRP/DSRP, as applicable. The following are acceptable formats
for advertising a dealer discount with and without a sales price.
Attached Graphic
(2) If a savings claim or discount offer includes only
a customer rebate, that incentive must be disclosed as a deduction
from the MSRP/DSRP, as applicable. The following are acceptable formats
for advertising a customer rebate with and without a sales price.
Attached Graphic
(3) If a savings claim or discount offer includes both
a customer rebate and a dealer discount, the incentives must be disclosed
as deductions from the MSRP/DSRP, as applicable. The following are
acceptable formats for advertising both a customer rebate and a dealer
discount with and without a sales price.
Attached Graphic
(i) If a savings claim or discount offer includes an
option package discount, that discount should be disclosed above,
or prior to, the MSRP/DSRP, as applicable, with a total sales price
of the motor vehicle before option discounts. Any additional savings
or discounts should then be disclosed below the MSRP/DSRP, as applicable.
The following are acceptable formats for advertising an option package
discount with and without a sales price.
Attached Graphic
(j) Except as provided herein, the calculation of the
featured sales price or featured savings claim or discount may not
include a limited rebate. A limited rebate may be advertised by providing
the amount of the limited rebate and explaining the conditions or
restrictions on qualification for the limited rebate in a statement
below the featured sales price or featured savings claim or discount.
Attached Graphic
(k) In an internet advertisement with multiple limited
rebates available on an advertised new motor vehicle, a dealer may
display each limited rebate separately allowing a potential buyer
to "click" on the limited rebate to view the sales price after deducting
the applicable limited rebate or applicable multiple rebates.
Attached Graphic
(l) If a dealer has added an option that was not obtained
from the manufacturer or distributor of the motor vehicle, a dealer
discount may not be advertised for that vehicle. If a dealer has added
an option obtained from the manufacturer or distributor and disclosed
that option and its suggested retail price on a dealership addendum,
the dealer may advertise a dealer discount for that motor vehicle
if the option is listed, and the difference is shown between the dealer's
sales price and the MSRP/DSRP, as applicable, of the vehicle including
the option obtained from the manufacturer or distributor.
Attached Graphic
|
| Source Note: The provisions of this §215.250 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; amended to be effective June 1, 2024, 49 TexReg 2704 |
