The OAG has issued three sets of rules regarding vehicles, including advertising, vehicle sales, and Lemon Law arbitration.
OAG Vehicle Rules downloadables
- All OAG rules are available to download from the Secretary of State's rulemaking webpage
- For a discussion about advertising and vehicle sales rules, see our leasing, buying, and advertising a vehicle guide (Word)
- For a discussion about Lemon Law rules, see our Lemon Law guide (Word)
This information is also available in our downloadable leasing, buying, and advertising a vehicle guide (Word).
What are the Attorney General's Vehicle Rules?
The Attorney General has issued the following Rules about vehicles:
- Chapter 104: Motor Vehicle Advertising
- Chapter 105: Trade Practices in the Sale of Motor Vehicles
- Chapter 106: Rules for Administering State Lemon Law Arbitration
Chapter 104: Motor Vehicle Advertising Rules
These Rules describe possible unfair or deceptive practices in the advertising of motor vehicles. Generally speaking, advertising should be in plain language, with clear and conspicuous disclosures of material information about the vehicle and the vehicle’s pricing. If the advertisement is for a lease, it must clearly and conspicuously state that it is for a lease.
Chapter 105: Trade Practices in the Sale of Motor Vehicles
105.1: Definitions
The Attorney General issued Rules that govern the sale of new cars.[1] The Rules describe possible unfair trade practices in the sale of new cars. Below, each of the rules and the prohibited conduct is described.
105.2: Misrepresentation of Charges
A dealer should not misrepresent, directly or indirectly, the nature of a service, product or extra charge. For example, a dealer labels a service or product with “Dealer’s Asking Price” and falsely states that the “Dealer’s Asking Price” is for preparation services but does not disclose that it is actually simply additional dealer profit.
Also, for new and used cars the dealer must disclose conspicuously in writing the dealer’s policy on returning a deposit on a car. If you make a deposit when buying a car, you must sign the form on which the disclosure appears.[2]
105.3: Disclosure of Extra Charges
A dealer should provide, in writing, a clear description of each separate service, product or extra charge. If an extra charge is for services, then each specific service and its price must be disclosed. For example, if a dealer is charging for preparation services, it must list each separate service it charges for (e.g., waxing the vehicle, filling up the gas tank, etc.).
105.4: 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, a dealer should post, on the vehicle, a notice showing each item added, its cost, and the warning that “Under Maine law, you may not be required to purchase options, accessories, or special features as a condition of sale of any motor vehicle.”
It is also illegal for a dealer to condition sale of the vehicle on the purchase of special features, appliances or equipment that has not yet been installed.[3] For example, a dealer cannot condition the sale of the vehicle on your also purchasing a roof rack that has not yet been installed on the vehicle.
105.5: Disclosure of Manufacturer Warranties
If the dealer sells you optional equipment or repair service contracts, the dealer should disclose:
- Whether any manufacturer express warranties provide the same or similar protection as the optional equipment or service contract being sold by the dealer or retailer; and
- That Maine law provides purchasers of new cars with an implied warranty in addition to the manufacturer’s express warranty.
An acceptable dealer disclosure of Maine’s implied warranty law would read as follows: “Maine law gives you a warranty against defects in this vehicle. This Maine warranty is in addition to the manufacturer’s express warranty and cannot be limited by the dealer or manufacturer.”
105.6: Quality of Rustproofing
A dealer who rust-proofs vehicles should apply rust-proofing or other protective coatings to the entire surface of each area recommended as needing protection by the protective coating manufacturer.
105.7: Advertising
A dealer should not advertise a motor vehicle for sale and then refuse to sell it or refuse to sell it at the advertised price.
Also, if a dealer advertises a particular vehicle’s price or a specific cash discount, the advertisement should also state the year, make, model, sub-model, and series of the advertised vehicle.
105.8: Orders
A dealer should not refuse to take orders, or unreasonably discourage orders, for motor vehicles it advertises as generally available, or refuse to take orders except at a price that is greater than the advertised price.
A dealer should not advertise a vehicle as available when it does not currently have such a vehicle in stock. However, a dealer can avoid violating this rule by stating in its advertisements the exact number of vehicles in stock at the dealership.
Chapter 106: Rules for Administering State Lemon Law Arbitration
Please see our Maine Lemon Law page.