(a) The following shall be considered unfair methods of competition, or unfair or deceptive trade acts and practices, where applicable, as they relate to any motor vehicle manufacturer, distributor, or used or new car dealer:
(1) A manufacturer or dealer failing to honor and accept, where applicable, any manufacturer's express warranty on a new vehicle or dealer warranty on a used motor vehicle or refusing to conform a new motor vehicle to an applicable express warranty;
(2) A dealer representing that a motor vehicle offered for sale can or will be delivered on or about a certain date, or within a specified period, when the dealer knows or should know that the motor vehicle cannot be delivered by the time specified or when the dealer has no information on which to base such a representation;
(3) A dealer failing to refund the full amount of a consumer deposit promptly when:
(A) the consumer cancels the contract prior to its acceptance by an authorized dealer representative;
(B) the contract is conditioned upon the consumer obtaining financing of his choice and the consumer cannot obtain such financing after exerting reasonable efforts to do so;
(C) the dealer does not accept the contract;
(D) the dealer fails to deliver to the consumer a motor vehicle which conforms to the terms of the contract; or
(E) the consumer cancels the contract because the dealer fails to deliver the motor vehicle within the time specified in the contract of sale, unless the delay is caused by acts beyond the control of the dealer and the manufacturer. All contracts shall have a delivery date specified.
(4) A dealer increasing the contract price of a motor vehicle after the contract has been accepted by the dealer or the authorized dealer representative;
(5) A dealer reappraising the value of a trade-in motor vehicle if a firm value is stated in the contract, unless the dealer can establish that the motor vehicle has suffered damage or serious mechanical deterioration since the date of the valuation but prior to its delivery to the dealer, or unless parts or accessories, or both, including tires, have been removed or replaced with parts or accessories of inferior quality;
(6) Where no express warranty is given, a dealer or manufacturer attempting to exclude the implied warranties of merchantability and fitness for a particular purpose in the sale of a motor vehicle purchased primarily for personal, family, or household purposes;
(7) Responsibility for fire, theft or damage to a motor vehicle left in the custody of a dealer or repair shop rests with the dealer or repair shop and no signs to the contrary are permitted;
(8) A manufacturer failing to provide consumers with a warranty comparable to that offered on the U.S. mainland;
(9) A manufacturer failing to provide an alternative service facility for warranty work within 30 days of closure or termination of a dealership or maintenance service center;
(10) A manufacturer failing to properly and promptly reimburse the dealer for bona-fide warranty repairs performed on behalf of the manufacturer;
(11) A dealer failing to provide the Commissioner, upon request, with copies of all applicable warranties for every type and model of automobile being sold in the territory;
(12) A manufacturer failing to provide dealers or distributors in the United States Virgin Islands with manufacturer financing, rebate programs and reimbursement for warranty work similar to those offered on the U.S. mainland;
(13) A manufacturer, dealer, distributor or agent failing to give to the purchaser of any new or used motor vehicle a certificate of warranty, or the FTC “Buyer's Guide” (16 CFR 455), where applicable, at the time of delivery;
(14) A dealer or distributor failing to disclose, in writing attached to any new or used car, the history of the vehicle as known to the dealer, including odometer disclosure and whether the vehicle was the subject of a buy-back;
(15) The manufacturer or dealer removing from the vehicle the price information disclosure sticker adhered thereon as required by Title 11, section 1301 et seq., of the Virgin Islands Code, and Title 15, section 2301 et seq., of the United States Code, before the vehicle has been delivered to the consumer;
(16) The manufacturer or dealer failing to place on each new vehicle for sale in the Territory of the United States Virgin Islands, the vehicle information disclosure sticker as required by Title 11, section 1301 et seq., Virgin Islands Code;
(17) A manufacturer failing to make available all warranty information in Spanish and English when requested;
(18) A dealer failing to provide a sales invoice or order form to the consumer/buyer at the time of purchase, the terms of which shall be binding on both parties;
(19) A manufacturer or dealer selling, as new, a car that is defined by this chapter as a demonstrator, or used car, or a car that has been the subject of a buy-back.
(b) Responsibility for fire, theft or damage to a motor vehicle left in the custody of a dealer or repair shop rests with the dealer or repair shop and no signs to the contrary are permitted.