Certain terms have specific meanings in the automotive context, and misusing them in advertising can result in violations. Terms like “certified,” “warranty,” “guarantee,” “free,” “at cost,” “below cost,” “wholesale to the public,” and “invoice price” all carry specific legal implications.
As we discussed in Section 2, “certified” has specific requirements under Vehicle Code Section 11713.25. “Free” means without charge and without conditions — if you advertise a “free” oil change with purchase, you can’t then require the customer to pay for parts or supplies. “At cost” means at your actual cost — if you advertise “at cost” pricing, you must be able to document that the advertised price equals your actual acquisition cost. “Invoice price” suggests you’re selling at the manufacturer’s invoice price, and if you use this term, you should be prepared to show the actual invoice to the buyer.
When in doubt about whether a particular term or claim in your advertising is compliant, err on the side of clarity and conservatism. Misleading advertising draws complaints, complaints draw DMV investigations, and investigations lead to citations and disciplinary action