Code of Maine Rules
26 - DEPARTMENT OF THE ATTORNEY GENERAL
239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL
Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES
Section 239-105-8 - Orders
It is prima facie evidence of an unfair trade practice if a dealer refuses to take orders or unreasonably discourages orders, for motor vehicles advertised by it as generally available or refuses to take orders except at a price that is greater than the advertised price.
It is prima facie evidence of an unfair trade practice for a dealer to advertise a vehicle available when it does not currently have such a vehicle in stock.
Comment
A dealer can avoid violating this rule by stating in its advertisements the exact number of vehicles in stock at the dealership. It would be improper to advertise vehicles as "available" when the vehicles advertised are not in stock at the dealership but merely on order or expected as part of a delivery in the future. Under this rule, a dealer cannot be held responsible for advertised offers by franchisers or manufacturers that it did not agree to participate in.