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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 215MOTOR VEHICLE DISTRIBUTION
SUBCHAPTER HADVERTISING
RULE §215.245Availability of Vehicles

(a) A licensee may advertise a specific new vehicle or line-make of vehicles for sale if the specific vehicle or line-make is in the possession of the licensee at the time the advertisement is placed, or if the specific vehicle or line-make is not in the possession of the licensee at the time the advertisement is placed, the licensee clearly and conspicuously discloses that fact in the advertisement and states that the vehicle may be obtained from the manufacturer, distributor, or some other source; and

  (1) the advertisement sets forth the number of vehicles available at the advertised price, if a price is advertised, at the time the advertisement is placed; or

  (2) a dealer can show he has available a reasonable expectable public demand based on prior experience.

(b) If an advertised price pertains to only one specific vehicle, then the advertisement must also disclose the vehicle's stock number or vehicle identification number.

(c) This section does not prohibit general advertising of vehicles by a manufacturer, dealer advertising association, or distributor and the inclusion of the names and addresses of the dealers selling such vehicles in the particular area.

(d) A motor vehicle dealer may advertise a specific used vehicle for sale if:

  (1) the specific used vehicle is in the possession of the dealer at the time the advertisement is placed; and

  (2) the title certificate to the used 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

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