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REPRINTED COURTESY MOTOR VEHICLE DEALER BOARD

        NEW MVDB





        GUIDANCE DOCS





        FOR ADVERTISING








                                         During its review of the 2001 Internet Task  nation charges; if the advertised price does
                                         Force Report, the 2017 Internet Task Force  not include freight and destination charges it
                                         committee, discussed advertising scenari-  must be clearly and conspicuously disclosed.
                                         os that involved licensed dealers. Four rec-  This fee cannot be charged on any preowned
           WHEN A DEALERSHIP             ommended guidelines came out of the 2017  vehicle, nor can it be charged to the customer
                                                                                for the movement or transport of the vehicle
                                         Internet Task Force meetings. These recom-
         ADVERTISES VEHICLES             mendations were presented to the Advertising  from another location to the licensed dealer-
                   FOR SALE, THE         Committee and the full Board for discussion  ship location.
                 ADVERTISEMENT           during the November 2017 Board meeting; and      Vehicle Location
                                         in the January 8, 2018 meeting the full Board ap-
               SHOULD CLEARLY            proved the four guidelines (All four advertising  Dealers are responsible for their advertise-

                     IDENTIFY THE        guidelines are effective March 1, 2018):   ments, regardless of the format and media
                                                                                (print, Internet, videos, electronic, YouTube,
           LOCATION OF EACH                Removal of Vehicles from Website     etc.). In addition to the Motor Vehicle Deal-
                  VEHICLE LISTED         In addition to the Commonwealth’s advertis-  er advertising laws and regulations, clarity
                 FOR SALE IN THE         ing laws and regulations, guidance is being  is being provided to dealerships regarding
                                         provided to dealerships regarding the remov-
                                                                                advertising of vehicles for dealerships with
          ADVERTISEMENT AND              al of vehicles from the dealer’s website once  more than one location, and vehicles being
        EACH VEHICLE THAT IS             the vehicle has been sold. Upon selling a vehi-  advertised at a location when the vehicle is
                                         cle listed on its website, the dealer should take  physically located somewhere else. When a
         ADVERTISED FOR SALE             action to remove the vehicle from the website  dealership advertises vehicles for sale, the
          SHOULD PHYSICALLY              within five business days. This is recommend-  advertisement should clearly  identify  the
                                         ed to allow the dealership time to coordinate  location of each vehicle listed for sale in the
                  BE LOCATED AT          the removal of the vehicle from the website,  advertisement and each vehicle that is adver-
                 THE ADVERTISED          to avoid misleading the customer and the ap-  tised for sale should physically be located at
                       LOCATION.         pearance of bait and switch practices.  the advertised location.

                                          Freight Charges/Shipping Charges/                 Transfer Fees
                                             Delivery Charges/Destinations      This fee is allowed when a dealership has
                                                       Charges                  multiple locations and the customer requests
                                         This fee is commonly associated with new  the vehicle be transferred to a specific location
                                         vehicles  being  delivered  directly  from  the  for potential purchase. The customer should
                                         manufacturer  to  the  franchise  dealership  or  be given the option of purchasing the vehicle
                                         customer. It is included in the Manufacturer’s  at the dealership where the vehicle is located.
                                         Suggested Retail Price (MSRP). This fee must  However, if the customer requests that the ve-
                                         be  properly  disclosed  on  all  advertisements  hicle be transferred to a dealership other than
                                         and will appear on the invoice from the man-  where the vehicle is located, the dealership may
                                         ufacturer. The advertised price should ensure  charge a transfer fee. The transfer fee should be
                                         that customers are properly informed if the  reasonable and should be disclosed to the cus-
                                         advertised price includes freight and desti-  tomer prior to the transfer of the vehicle. n

        8  |  THE VIRGINIA INDEPENDENT NEWS | SPRING 2018
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