The ruling followed a consumer complaint relating to a white 2025 Jetour T2 2.0T Odyssey advertised on Cars.co.za with a listed mileage of 15km and a price of R679 000.

According to the complaint, the customer contacted the dealership intending to buy the exact vehicle shown in the advert, only to be informed that the vehicle was not actually in stock and that the listing was being used to secure deposits for a waiting list or “forward order”.

The complainant argued that the advert “lured a potential buyer into making contact under the false pretence of available stock” and amounted to misleading advertising and bait marketing.

The dealership, however, defended the advert and explained that the Jetour T2 was a newly launched model in South Africa with limited stock allocations.

It stated that all Jetour dealers operate on an OEM controlled allocation system where stock availability depends on factors such as production schedules, import allocations, port clearance and national distribution priorities.

The dealership also argued that the mileage figure of 15 km was merely indicative and aligned with long established industry practice because new vehicles rarely arrive with zero mileage due to factory testing, transportation and pre delivery inspections.

According to the dealership, no client was misled because the allocation system and waiting period were explained once the customer contacted the sales executive.

However, the ARB Directorate found that the advert itself failed to make this sufficiently clear.

In its ruling, the ARB stated that the inclusion of a precise mileage figure created a “reasonable expectation” that a specific identifiable vehicle existed and was available.

The ruling further stated that while allocation systems may be common in the industry, that information was not disclosed in the advertisement itself.

“It would have been helpful to the complainant if that availability subject to the allocations and delivery delays was clearly disclosed to avoid any ambiguity,” the Directorate says.

The ARB concluded that the advertisement was likely to mislead consumers regarding the availability of the Jetour T2 2.0T and found the dealership in breach of Clause 4.2.1 of Section II relating to misleading claims, as well as Clause 16 of Section III relating to non-availability of advertised products.

As part of the sanction, the dealership was instructed to “remove or amend the advertising on cars.co.za to remove the impression that a specific vehicle that is immediately available is being advertised”.

Dealerfloor contacted the Advertising Regulatory Board for further clarity on how dealerships should approach vehicle advertising in order to avoid similar disputes.

The ARB stressed that it does not monitor advertising proactively and only acts once a complaint has been lodged by a consumer or competitor.

According to the ARB, the safest approach for dealerships is to ensure that advertisements are completely transparent and accurately reflect the reality of the vehicle being marketed.

The organisation said dealers should focus specifically on the following areas when advertising vehicles:

• Accurately reflecting vehicle specifications, pricing and availability
• Clearly disclosing material terms and conditions
• Avoiding exaggerated performance or finance claims
• Ensuring that qualifications are sufficiently prominent and not hidden in fine print

The ARB also highlighted several broader principles contained in the Code of Advertising Practice that dealerships should pay close attention to, including misleading claims, substantiation of factual claims, pricing transparency, disclaimers and qualifications, and the overall impression created by an advertisement.

“As a general principle, both consumers and dealerships should consider whether the “ordinary consumer” would likely be misled by the advertisement in its overall context, rather than relying only on technical wording. We always say it always tell advertisers that if they just advertise the truth, they won’t have any issues,” the ARB tells Dealerfloor.

• Complaints can be submitted through the ARB’s website at: https://www.arb.org.za/Lodge_a_complaint/) and should include: The complainant’s personal details; a copy or screenshot of the advertisement; details of where and when it appeared; and a brief explanation of the concern in his/her own words.

(Image: AI Generated).