Consumer Law Library

Guides For Advertising Shell Homes

16 CFR Part 230 · Guides · in the Code of Federal Regulations 1968-1994 (24 annual editions)

Scanned CFR pages, OCR text may contain errors; the linked Library of Congress PDF is the authority. Not legal advice; not affiliated with the FTC. These rules and guides are historical: most were rescinded or replaced, so do not assume any is in force.

Latest edition: Library of Congress, 1994 CFR · Earliest edition: 1968 CFR

Text (1994 edition, OCR)

§ 228.17

he did not receive the value he had rea-
son to expect under the guarantee.

(b) Accordingly, to avoid deception of
purchasers as to the value of guaran-
tees, adjustments should be made on
the basis of a price which realistically
reflects the actual selling price of the
tire. The following would be considered
appropriate price bases for making
guarantee adjustments:

(1) The original purchase price of the
guaranteed tire; or

(2) The adjusting dealer’s actual cur-
rent selling price at the time of adjust-
ment; or

(3) A predetermined price which fair-
ly represents the actual selling price of
the tire.

Whenever an advertisement for tires
includes reference to a guarantee, the
advertisement should also disclose,
clearly and conspicuously, the price
basis on which adjustments will be
made. Such disclosure of the price
basis for adjustments should be in
terms of actual purchase or selling
price, e.g., original purchase price, ad-
justing dealer’s current selling price,
etc. A mere reference to a guarantor’s
“adjustment price,” for example, would
not satisfy this disclosure requirement.
In addition, written material disclosing
the basis for adjustments should be
made available to prospective pur-
chasers at the point of sale, and if the
third method of adjustment is chosen,
such written material should include
the actual price on which guarantee
adjustments will be made. [Guide 16]

$228.17 Safety or performance fea-
tures.

Absolute terms such as ‘‘skidproof,”’
“blowout proof,” “blow proof,” ‘“‘punc-
ture proof” should not be unqualifiedly
used unless the product so described af-
fords complete and absolute protection
from skidding, blowouts, or punctures,
as the case may be, under any and all
driving conditions. [Guide 17]

$228.18 Other claims and representa-
tions.

(a) No claim or representation should
be made concerning an industry prod-
uct which directly, by implication, or
by failure to adequately disclose addi-
tional relevant information, has the
capacity or tendency or effect of de-

16

16 CEFR Ch. I (1-1-94 Edition)

ceiving purchasers or prospective pur-
chasers in any material respect. This
prohibition includes, but is not limited
to, representations or claims relating
to the construction, durability, safety,
strength, condition or life expectancy
of such products.

(b) Also included among the prohibi-
tions of this section are claims or rep-
resentations by members of this indus-
try or by distributors of any compo-
nent parts of materials used in the
manufacture of industry products, con-
cerning the merits or comparative
merits (as to strength, safety, cooler
running, wear, or resistance to shock,
heat, moisture, etc.) of such products,
components or materials, which are
not true in fact or which are otherwise
false or misleading. (Guide 18)

§ 228.19 Snow tire advertising.

Many manufacturers are now offering
winter tread tires with metal spikes.
Certain States, or other jurisdictions,
however, prohibit the use of such tires
because of possible road damage. Ac-
cordingly, in the advertising of such
products, a clear and conspicuous
statement should be made that the use
of such tires is illegal in certain States
or jurisdictions. Further, when such
tires are locally advertised in areas
where their use is prohibited, a clear
and conspicuous statement to this ef-
fect must be included. [Guide 19]

PART 230—GUIDES FOR
ADVERTISING SHELL HOMES

2
8

DOI & & & tH:

Extent of completion.
Size or dimensions.
Pictorial representations.
Savings.

Financial terms.

Bait advertising.
Guarantees.

Mode) homes.

Delivery and installation.

AUTHORITY: Secs. 5, 6, 38 Stat. 719, as
amended, 721; 15 U.S.C. 45, 46.

SOURCE: 32 FR 15531, Nov. 8, 1967, unless
otherwise noted.
$280.1 Extent of completion.

(a) Since the typical shell home does
not include such features as wiring,
plumbing, heating, interior trim and

SSSEESEBE


Federal Trade Commission

finish, or other requisite components,
an advertiser may not represent that
the home is finished or completed to
any degree inconsistent with the facts.

(b) For example, an advertiser may
not claim that the home in its unfin-
ished state is habitable, or that it has
appliances, fixtures, equipment, mate-
rial or services which are not actually
included at the time it is accepted by
the purchaser.

(c) In every case the advertiser must
clearly and conspicuously disclose it is
a shell home. (Guide 1}

$280.2 Size or dimensions.

(a) An advertiser shall not misrepre-
sent, pictorially or through any other
means, the overall size or dimension of
the home or the rooms or space there-
in.

(b) This section prohibits misrepre-
sentation through the use of
picturizations, as well as the publica-
tion of figures which exaggerate the
size or dimension. [Guide 2]

$230.3 Pictorial representations.

(a) All construction items featured in
a pictorial representation, such as a
porch, carport, chimney, steps, etc.,
must be included in the price quoted in
the advertisement.

(b) An advertisement shall not fea-
ture the picture of a higher-priced
home in conjunction with the price of a
lower-priced home, thus leading pro-
spective purchasers to believe the high-
er-priced home can be purchased at the
lower price.

(c) If the price of any home other
than the one pictured in the advertise-
ment is quoted, the price of the pic-
tured home must be disclosed and
quoted with equal size and conspicu-
ousness. [Guide 3]

§280.4 Savings.

(a) If savings claims are made (1) the
basis for the comparison must be clear-
ly disclosed, (2) the savings must be
factually true, and (3) the advertising
must clearly disclose: (i) That the
buyer must furnish the remaining ma-
terial and (ii) that the saving, if any, is
based upon the buyer completing the
remainder of the work.

(b) For example, if the advertiser has
a factually true savings claim to make

17

§ 230.5

in comparison either with a project
type or custom-built home, he must
disclose the type of home with which
the comparison is being made.

(c) In determining whether the sav-
ings claim is factually true, the com-
parison must be based upon a home of
like quality, material, size, design and
workmanship in the same general lo-
cality where the shell home is to be
built.

(d) If savings claims other than those
outlined in paragraphs (a), (b), and (c)
of this section, are utilized, the claim
must meet the applicable provisions of
the Commission’s Guides Against De-
ceptive Pricing. [Guide 4]

$280.5 Financial terms.

(a) Installment purchase plans shall
not be misrepresented in any manner.
This section prohibits claims to the ef-
fect that loans are available from any
particular lending institution or
through a particular lending program,
or that loans are federaliy insured, or
that the seller will finance the pur-
chaser’s indebtedness, unless such is
the fact.

(b) Down payments shall not be
quoted in such a manner as to imply
that the down payment constitutes the
entire price.

(c) Claims such as ‘‘No Money Down”’
shall not be used unless factually true.
Moreover, where such claims are predi-
cated on the existence of other mate-
rial conditions, such as the possession
of a lot free and clear of encumbrances
equal in value to 5 percent of the cost
of the shell home, such condition or
conditions must be clearly and con-
spicuously disclosed in the advertising.

(d) If a home is advertised at a
quoted price under an installment plan
which requires additionally the pay-
ment of interest, carrying charges,
down payment, or premiums for credit
life insurance, the fact that such costs
are to be added to the advertised price
must be clearly disclosed. If monthly
payments are quoted, the duration of
the payments must be disclosed. Addi-
tionally, if terminal payments signifi-
cantly larger than the advertised
monthly payments are required, this
fact must also be clearly disclosed as
well as the amount thereof.


§ 230.6

(e) A seller shall not procure the sig-
nature of purchasers on negotiable
promissory notes without revealing to
such purchasers they are signing a ne-
gotiable promissory note which may be
discounted and also revealing the
amount, terms, and conditions of such
instrument.

(f) If an interest rate is quoted in ad-
vertising, it must be simple interest
per annum calculated on the basis of
the unpaid balance due as reduced after
crediting installments as paid. [Guide
5]

§230.6 Bait advertising.

(a) An advertiser shall not offer a
home for sale unless such offer is made
in good faith for the purpose of selling
the advertised home. Insincere offers to
sell, made for the purpose of contacting
prospective purchasers and switching
them to a home other than the home
advertised, shall not be used.

(b) Even though the true facts are
subsequently made known to the
buyer, the law is violated if the first
contact or interview is secured by de-
ception.

NOTE: The Guides Against Bait Advertising
furnish specific guidance in regard to bait
practices and are to be considered as
supplementing this section.

[Guide 6]

§ 230.7 Guarantees.

In general, any guarantee in adver-
tising shall clearly and conspicuously
disclose:

(a) The nature and extent of the
guarantee. This includes disclosure of:

(1) What product or part of the prod-
uct is guaranteed,

(2) What characteristics or properties
of the designated product or part there-
of are covered by, or excluded from, the
guarantee,

(3) What is the duration of the guar-
antee,

(4) What, if anything, any one claim-
ing under the guarantee must do before
the guarantor will fulfill his obligation
under the guarantee, such as return of
the product and payment of service or
labor charges; and

(b) The manner in which the guaran-
tor will perform. This consists pri-
marily of a statement of exactly what
the guarantor undertakes to do under

18

16 CFR Ch. I (1-1-94 Edition)

the guarantee. Examples of this would
be repair, replacement or refund. If the
guarantor or the person receiving the
guarantee has an option as to what
may satisfy the guarantee this should
be set out; and

(c) The identity of the guarantor.
The identity of the guarantor should be
clearly revealed in all advertising, as
well as in any documents evidencing
the guarantee. Confusion of purchasers
often occurs when it is not clear
whether the manufacturer or the build-
er is the guarantor.

NOTE: The Guides Against Deceptive Ad-
vertising of Guarantees furnish guidance re-
specting other guarantee representations
and are to be considered as supplementing
this section.

[Guide 7)

$230.8 Model homes.

An advertiser shall not claim that a
prospective buyer has been ‘“‘selected”’
or that his home will be used as a
“model” or “demonstration,” or that
the owner thereof will receive any
amount of money, a reduction in price
or other thing of value conditioned
upon the sale of similar homes to oth-
ers, unless such representation is fac-
tually true. [Guide 8)

§ 230.9 Delivery and installation.

(a) Advertised or quoted prices shall
include all charges for delivery and in-
stallation of the home, unless the ad-
vertisement clearly and conspicuously
discloses that delivery or installation
charges are not included.

(b) Representations that a home will
be delivered or installed within a speci-
fied period of time shall not be used un-
less factually true. (Guide 9]

PART 231—GUIDES FOR SHOE
CONTENT LABELING AND AD-
VERTISING

Subpart A—Labeling

Sec.
231.1
231.2
231.3
231.4
231.5
231.6

Labeling in general.

Simulated or imitation leather.
Concealed innersoles.

Split leather.

Embossed or processed leather.
Ground or shredded leather.

Subpart B—Advertising