Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part IV - Advertising › Section 13VAC6-20-270 - Prohibited practices

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this part and this chapter, the
					 following regulated advertising practices by manufacturers, dealers, brokers,
					 or salespersons are prohibited and shall be considered by the board to be
					 unfair methods of competition or unfair or deceptive commercial acts or
					 practices:
1. Advertising a
				  manufactured home as a "new manufactured home" when the home does not meet all
				  of the requirements for the definition of a new manufactured home in
				  13VAC6-20-10.
2. Advertising a used manufactured home by
				  misleading or confusing terms rather than "used" or such other term that is
				  clearly understood to mean that the home is used. Once a title has been issued
				  to a purchaser by the Department of Motor Vehicles, the home is considered as a
				  used home and must be advertised as such.
3. Advertising finance charges or other
				  interest rates when there are costs to buy down the charges or rates which are
				  passed on to the buyer, in whole or in part.
4. Advertising terms, conditions and
				  disclosures which are not stated clearly and conspicuously. An asterisk or
				  other reference symbol may be used to point to a disclaimer or other
				  information, but the disclaimer shall not contradict or change the meaning of
				  the advertised statement.
5.
				  Advertising a "sale" when the expiration date is not clearly and conspicuously
				  stated.
6. Advertising which uses
				  terms such as "at cost," "below cost," or "dollars off cost." Terms such as
				  "invoice price" or "dollars over invoice" may be used, provided the invoice
				  referred to is the manufacturer's original factory invoice which is available
				  for customer inspection upon request.
7. Advertising a policy to match or better a
				  competitor's price when the terms of the offer are not specific and verifiable.
				  Any such advertisement shall fully disclose, as a part of the ad, any material
				  or significant conditions which must be met or the evidence the buyer must
				  present to take advantage of the offer.
8. Advertising which includes "dealer
				  rebates" or "manufacturer's rebate."
9. Advertising any "free" or "at no cost" (or
				  other words to that effect) offers of equipment or accessories in a negotiated
				  sale. No equipment or accessory shall be described as "free" or "at cost" if
				  its cost or any part of its cost is included in the price of the home, or if
				  the home can be purchased for a lesser price without accepting the free offer,
				  or if a purchase is required in order to receive the free offer.
10. Advertising which is determined to be
				  "bait advertising" such as advertising homes, equipment, accessories or prices
				  which are not available at the dealer's business location, or advertising homes
				  of a specific price but having available for sale only homes equipped with
				  dealer added cost options which increase the selling price above the advertised
				  price. If any home is available only by order, then that shall be clearly and
				  conspicuously disclosed in the advertisement.
11. Advertising as "repossessed" any
				  manufactured home which has not been previously sold, titled and then taken
				  back from the buyer. Proof of repossession shall be provided by the advertiser
				  upon request.
12. Advertising
				  special dealer arrangements such as "manufacturer's outlet," "factory
				  authorized outlet," and "factory wholesale outlet." Any term that gives the
				  buyer the impression the dealer has a special arrangement with the manufacturer
				  compared to similarly situated dealers is misleading and shall be prohibited.
				  The term "factory authorized dealer" shall be an acceptable term for
				  advertising purposes.
13.
				  Advertising the length of a manufactured home as including the towing assembly
				  or hitch.
14. Advertising in any
				  newspaper, periodical or sign which omits the name of the firm from the
				  advertisement.
Statutory Authority
§ 36-85.18 of the Code of Virginia.