26-239 C.M.R. ch. 105, § 4 - Optional Equipment Added Prior to Sale

Whenever optional equipment has been added to a new vehicle prior to a purchaser signing a sales document for that vehicle, it is prima facie evidence of an unfair trade practice for a dealer to fail to post on the vehicle:

A. The name of each item added;

B. The price of each item; and

C. The following notice:

Under Maine law, you may not be required to purchase options, accessories, or special features as a condition of sale of any motor vehicle.

Comment

This rule describes a dealer's "minimal" obligation under 10 M.R.S.A. §1174, sub-§ 4A. This rule does not foreclose the possibility of a dealer illegally "tying" dealer added options to the sale of a vehicle. A tying arrangement is one in which a seller conditions the sale of one product on the purchase of another product. For example, if a seller of new vehicles requires a purchaser to buy a roof rack in order to be able to buy the vehicle that purchaser wants, the sale of the vehicle has been conditioned on or "tied" to the sale of the roof rack. Ties are illegal when the seller has significant economic power in the market for the major product (the vehicle) and when the market for the lesser or "tied" product (the roof rack) is also substantially affected. Therefore, in this example, if the dealer had a significant share of the market for that particular vehicle in his area of the State and the tying arrangement had a significant impact on the sale of roof racks by other regular sellers of roof racks in the area, it would constitute an illegal tie under the antitrust laws.

Notes

26-239 C.M.R. ch. 105, § 4