N.M. Code R. § 12.2.4.21

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.2.4.21 - DEALER PRICE ADVERTISING

A. It is an unfair or deceptive trade practice for a dealer to advertise the price of a new motor vehicle unless the advertised price is the full cash price for which the dealer will sell the vehicle. The only charges that may be excluded from the advertised price are:

(1) federal and state taxes;

(2) license fees;

(3) vehicle registration; and

(4) dealer transfer service fees, if the advertisement clearly and conspicuously discloses, in close proximity to the advertised price, the amount of any such fee and that the fee is a dealer imposed fee; provided, however, that it is an unfair or deceptive trade practice for a dealer to fail to disclose in writing to a buyer purchasing a vehicle on which no security interest is retained that the buyer may register the vehicle on his own without paying a dealer transfer service fee.

B. It is an unfair or deceptive trade practice for a dealer to use any qualification when advertising the price of a vehicle such as "with trade", "with acceptable trade", "with dealer-arranged financing" or "with down payment."

C. If a price advertisement for a vehicle discloses a rebate, cash back, discount savings claim or other incentive, it is an unfair or deceptive trade practice for a dealer to fail to disclose in the advertisement the full cash price of the vehicle as well as the price of the vehicle after deducting the incentive.

D. It is an unfair or deceptive trade practice for a dealer to fail to include the price of standard or optional equipment with which all cars sold by the dealer are minimally equipped in the advertised price of the vehicle; provided, however, that the cost of additional options or services requested by the purchaser may be added at the time of sale to the purchase price.

E. It is an unfair or deceptive trade practice for a dealer to use an illustration of a motor vehicle in an advertisement unless the illustration is that of the motor vehicle advertised. If an illustration of the advertised vehicle is not available, then the dealer must clearly and conspicuously disclose that the illustration is not the vehicle being advertised.

N.M. Code R. § 12.2.4.21

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