ACCC PICTORIAL REPRESENTATION OF VEHICLES

1. If it is impracticable for a photograph of the actual second-hand motor vehicle to be used in an advertisement, it is appropriate to depict a representation of the same make and model of vehicle, together with a prominent disclaimer.

2. The phrase ‘picture for illustrative purposes only’ (or other similar expressions) accompanying a pictorial representation that does not correspond to the vehicle on offer has the potential to mislead consumers in most circumstances. The misleading or deceptive feature of the advertisement is unlikely to be removed by a disclaimer.

3. A motor vehicle depicted in an advertisement should correspond in model, visible accessories and price to a vehicle offered for sale at the dealership. If not, it is likely to mislead or deceive and breach ss.52 and 53 of the Act.

4. When a single second-hand motor vehicle is depicted, but a wider range of vehicles is on offer, at least one of the vehicles available for sale should correspond in model, visible accessories and price to the vehicle in the advertisement.

5. When an advertisement relates to a range of models, but only one model is pictured, take care when advertising a price to ensure that consumer are not misled or deceived about the price of the advertised vehicle.

6. The motor vehicle offered for sale should have all the attributes of the motor vehicle discussed in the advertisement and shown in the accompanying image.

7. Manufacturer advertisements depicting models not available in Australia accompanied by the disclaimer ‘not the Australian model’ may risk misleading consumers particularly if a RRP accompanies the advertisement and the model for sale in Australia differs substantially in quality or external features from the vehicle depicted in the advertisement.

IMPORTANT NOTICE

The guideline is designed to give you basic information; it does not cover the whole of the Trade Practices Act and is not a substitute for professional advice.

SOURCE

Produced by the ACCC Publishing Unit 11/04. Guidelines for pricing in the motor vehicle industry

 

Back to top