(a) A dealer may advertise a specific new motor vehicle or line-make of vehicles for sale if the specific motor vehicle or line-make is in the possession of the dealer at the time the advertisement is placed.
(b) If the specific motor vehicle or line-make is not in the possession of the dealer at the time the advertisement is placed, the dealer must clearly and conspicuously disclose that fact in the advertisement and state that the motor vehicle may be obtained from the manufacturer, distributor, or some other source. The advertisement must set forth the number of motor vehicles available at the advertised price, if a price is advertised, at the time the advertisement is placed or the dealer can show that it has the number of motor vehicles available to meet the reasonable expectable public demand based on prior experience.
(c) If an advertised price pertains to only one specific motor vehicle, then the advertisement must also disclose the motor vehicle's stock number or VIN.
(d) This section does not prohibit general advertising of motor vehicles by a manufacturer, dealer advertising association, or distributor, nor does it prohibit the inclusion of the names and addresses of the dealers selling such motor vehicles in the particular area.
(e) A motor vehicle dealer may advertise a specific used motor vehicle for sale if:
  (1) the specific used motor vehicle is in the possession of the dealer at the time the advertisement is placed; and
  (2) the title certificate to the used motor vehicle has been assigned to the dealer.

Source Note: The provisions of this §215.245 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective June 4, 2014, 39 TexReg 4271; amended to be effective February 13, 2017, 42 TexReg 571