12.2.4.8

Vehicle categories:

1. A. It is an unfair or deceptive trade practice for a dealer to describe a vehicle as new when it is either used or a demonstrator or to describe a vehicle as a demonstrator when it is used.
2. B. It is an unfair or deceptive trade practice for dealers to use any phrase containing the word “new” to describe a vehicle which is not new.

3. C. It is an unfair or deceptive trade practice for a dealer to use any description which would lead a reasonable person to believe that

   (1) a vehicle is new if the vehicle is not new or

   (2) that a vehicle is a demonstrator if the vehicle is used.

4. D. It is an unfair or deceptive trade practice for a dealer to represent expressly or by implication in an advertisement for a used vehicle or a demonstrator that the dealer obtained the vehicle from the manufacturer unless the advertisement clearly and conspicuously discloses the fact that the vehicle is used or a demonstrator. Examples of implied representations that a dealer obtained a vehicle from the manufacturer include but are not limited to the following:

   (1) “program car”;

   (2) “factory program car”;

   (3) “factory auction car”;

   (4) “special purchase car”;

   (5) “special factory purchase”.

   [5-1-98; Recompiled 10/15/01]