La. Admin. Code tit. 46 § V-709

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-709 - Availability of Vehicles

A. Motor vehicle dealers and recreational products dealers may advertise a specific new motor vehicle or new recreational product or line-make which they are licensed to sell if:

1. the specific vehicle or line is in their possession at the time the advertisement is placed, or the vehicle may be obtained from the manufacturer or distributor, and this information is clearly and conspicuously disclosed in the advertisement; and

2. the price advertisement sets forth the number of vehicles available at the time the advertisement is placed or a dealer can show he has available a reasonable expectable public demand based on prior experience. In addition, if an advertisement pertains to only one specific vehicle, then the advertisement must also disclose the vehicle's stock number or vehicle identification number.

B. Dealers may advertise a specific used vehicle for sale only if the specific used vehicle is in the possession of the dealer at the time the advertisement is placed and the title certificate to the used vehicle has been assigned to the dealer, except as provided in Paragraphs 1 and 2, below.

1. A motor vehicle dealer may advertise a used motor vehicle for sale when that used motor vehicle is in the possession of the manufacturer, distributor, or manufacturer's or distributor's affiliated financial institution. That advertisement must clearly and conspicuously disclose that the used motor vehicle is in the possession of the manufacturer, distributor, or manufacturer's or distributor's affiliated financial institution and that the used motor vehicle is available to be shipped to the advertising motor vehicle dealer from the manufacturer, distributor, or manufacturer's or distributor's affiliated financial institution within a reasonable period of time, not to exceed 10 business days.

2. A dealer may advertise a used vehicle for sale when that used vehicle is in the possession of a different dealership(s) under majority common ownership. That advertisement must clearly and conspicuously disclose that the used vehicle is in the possession of an affiliate dealership and state the specific location of the used vehicle, and that the used vehicle is available to be shipped to the dealer within a reasonable period of time, not to exceed 10 business days.

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.

La. Admin. Code tit. 46, § V-709

Promulgated by the Office of the Governor, Motor Vehicle Commission, LR 34:76 (January 2008), amended LR 36:1549 (July 2010), Amended LR 491212 (7/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1253.E.