Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › POWERS AND DUTIES OF THE BOARD › Section 19.22 - Investigation

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will investigate on its own initiative or upon
						the verified complaint in writing of a person, allegations of the wrongful act
						of a licensee of the act and will have the power to suspend or revoke licenses
						issued by the Board if, after notice and hearing, the person charged is found
						guilty of committing or attempting to commit the following acts, in addition to
						those acts enumerated in the act:
(1)
					 Has required a purchaser of a new vehicle, as a condition of sale and delivery
					 of the vehicle, to also purchase special features, appliances, accessories or
					 equipment not desired or requested by the purchaser.
(2) Has willfully failed or refused to
					 perform a written agreement with a retail buyer involving the sale of a
					 vehicle.
(3) Has used the words
					 "lease" or "leasing" in a dealer's trade name.
(4) Has with intent to sell or in any way
					 dispose of vehicles, or with intent to increase the volume of sales of vehicles
					 or to induce the public in any manner to enter into an obligation relating
					 thereto, or to acquire title thereto or an interest therein, made, published,
					 disseminated, or caused, directly or indirectly, the same to be made,
					 published, disseminated, circulated or placed before the public, in a newspaper
					 or other publication in the form of a book, notice, handbill, poster, sign,
					 bill circular, pamphlet or letter, or over a radio or television station or
					 other medium of wireless communication, or in another way, similar or
					 dissimilar to the foregoing, an advertisement, announcement, or statement, of
					 any sort regarding the vehicles so offered to the public or concerning the
					 quantity, quality, value, merit, use, present or former price, cost, reason for
					 price, motive for sale or concerning the method of pricing, or the possession
					 of rewards, prizes or distinctions conferred, regarding the vehicles which
					 advertisement contains an assertion, representation, or statement of fact which
					 is untrue, deceptive or misleading, and which is known, or which by the
					 exercise of reasonable care should be known, to be untrue, deceptive or
					 misleading.
(5) Has advertised a
					 vehicle for sale, in a manner indicating that the sale is being made by a
					 private party or household not engaged in the vehicle business, unless that
					 advertisement shall affirmatively and unmistakably indicate and state that the
					 seller is a dealer or salesperson and not a private party.
(6) Has advertised misrepresenting the true
					 nature of the business by the use of the words "manufacturer," "importer" or
					 "wholesaler" or has represented that he is selling at wholesale in any form of
					 sale or advertising unless the dealer is actually selling at wholesale for the
					 purpose of resale, or unless the dealer is in fact advertising true wholesale
					 prices.
(7) Has misrepresented the
					 true nature of the business by the use of the words "sale at wholesale", "sales
					 at wholesale," "wholesale sale," "wholesale prices" or words of similar import
					 containing the word "wholesale" unless vehicles listed or sold under the claims
					 are sales to a purchaser for the purpose of resale.
(8) Has advertised a vehicle for sale and
					 then has refused to show, demonstrate or sell the vehicle offered in accordance
					 with the terms of the offer, subject to prior sale.
(9) Has used the word "new" in the trade
					 name, in the advertising, or on the checks or business stationery of a dealer
					 who engages only in the sale, purchase or exchange of used vehicles.
(10) Has used the words "broker" or
					 "brokering" in the trade name, in the advertising, or on the checks or business
					 stationery of a dealer or auction.
The provisions of this §
													19.22 issued under sections 2,
						  4(9) and 5(e) of the Board of Vehicles Act (63 P. S. §§
														818.2,
						  818.4(9) and
						  818.5(e)).