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.
