Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.19 - CONSUMER PROTECTION OFFICE › Subchapter 23.19.2 - Motor Vehicles, Sales, Repairs, Maintenance, and Service › Rule 23.19.204 - MOTOR VEHICLE SALES

Current through Register Vol. 13, July 5, 2024
It shall be an unfair or deceptive act or practice for a
				  motor vehicle dealer to:
(1)
				represent, either directly or indirectly, that any motor vehicle advertised or
				sold is an "executive vehicle" unless the vehicle has been used exclusively by
				its manufacturer, its distributor or a dealer for the commercial or personal
				use of the manufacturer's, subsidiary's, or dealer's employees;
(2) represent either directly or indirectly
				that certain motor vehicles advertised or sold by the dealer are
				"demonstrators" or "demos" unless such vehicles have been driven by prospective
				customers of that or another dealership selling the vehicles;
(3) represent the previous usage or status of
				a motor vehicle to be something that, in fact, it was not; or make such
				representations unless the dealer has sufficient information to support the
				representations;
(4) represent the
				quality of care, regularity of servicing or general condition of any motor
				vehicle unless supportable by material fact;
(5) represent that a motor vehicle has not
				sustained substantial structural or skin damage unless such statement is made
				in good faith and unless such vehicle has been inspected by the dealer, his
				agent or representative to determine whether or not such vehicle has incurred
				such damage in the past;
(6) fail
				to fully and conspicuously disclose in writing at or before the consummation of
				sale any warranty or guarantee terms, obligations and conditions that the
				dealer or manufacturer has given to the buyer of the motor vehicle. If the
				warranty obligations are to be shared by both the dealer and the buyer, then
				the method of determining the percentage of monetary repair costs to be assumed
				by both parties shall also be disclosed. If the dealer intends to disclaim any
				expressed or implied warranties, then he shall make such disclaimer in writing
				in a conspicuous manner;
(7) fail
				to honor his expressed warranty agreement or any warranties implied by
				law;
(8) misrepresent warranty
				coverage, application period, any warranty transfer costs to the customer or
				conditions which are given by the dealer, factory or other party;
(9) obtain signatures from customers on
				contracts which are not fully completed at the time signed, or which do not
				reflect accurately the negotiations and agreement between the customer and the
				dealer;
(10) require or accept a
				deposit from a prospective customer prior to entering into a mutually binding
				valid contract for the purchase and sale of a motor vehicle unless the customer
				is given a written receipt which states how long the dealer will hold the motor
				vehicle from other sale, the amount of the deposit, and clearly and
				conspicuously states whether the deposit is refundable or nonrefundable and
				upon what conditions;
(11) add to
				the cash price of the motor vehicle a fee for routine handling of documents and
				forms essential to the transfer or ownership to customers, or a fee for any
				other ordinary and customary business overhead expense (otherwise known as a
				"documentary fee") unless that fee is fully disclosed to customers in all
				mutually binding valid contracts concerning the motor vehicle's selling
				price;
(12) alter or change the
				odometer mileage of the motor vehicle;
(13) fail to disclose to any customers the
				actual year model of the motor vehicle;
(14) fail to transfer title to a vehicle as
				soon as is reasonably possible after sale of the vehicle to a
				customer;
(15) fail to disclose to
				a customer, in writing, at or prior to the time of sale, that taxes, if any,
				are due and owing on the vehicle to be sold; or
(16) engage in any unfair or deceptive acts
				or practices.
30-14-104,
					 MCA; IMP,
					 30-14-104,
					 MCA;