Dealer advertising is extensively regulated under Vehicle Code Section 11713.1. Let’s start with the definition: an “advertisement” under this law includes any communication intended to lead to a vehicle sale — newspaper ads, online listings, radio and television spots, social media posts, email blasts, flyers, banners, and even the content on your website. If it’s designed to attract buyers, it’s an advertisement, and it must comply with the rules.
The fundamental rule is truthfulness. Every statement in your advertising must be accurate. The price must be a price at which you will actually sell the vehicle. The vehicle must actually be available — you can’t advertise a vehicle you’ve already sold. The features and condition described must match the actual vehicle. Any qualifications or conditions must be clearly disclosed, not hidden in fine print that nobody can read.
Regarding misprints: a dealer who publishes an advertisement with an error — say, a vehicle priced at $1,995 instead of $19,995 — may argue it was a misprint. DMV takes the position that misprints are the dealer’s responsibility. You are expected to review your advertising before publication and correct errors promptly. A pattern of “misprints” that always seem to make vehicles appear cheaper than they are will be treated as intentional deceptive advertising, not innocent mistakes.
Your advertising must include your dealer license number. This is required so that consumers can identify you as a licensed dealer and so DMV can track your advertising for compliance. The dealer name in the advertisement must match the name on your dealer license. You cannot advertise under a trade name that isn’t registered with DMV.
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⚠ Key Compliance Point Advertising Rules (VEH §11713.1): • All advertising must be truthful and not misleading • Advertised prices must be prices at which the vehicle will actually be sold • Dealer license number must be included in all advertisements • Dealer name must match the name on the dealer license • Misprints are the dealer’s responsibility — review ads before publication • Any conditions or qualifications must be clearly disclosed
It is also important to understand trigger disclosures: What may be Federally and State Required in TILA (Truth in Lending) |