STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
Prohibits purchaser of used motor vehicle from waiving dealer's obligation regarding emissions control equipment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of certain used vehicles and amending P.L.1971, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1971, c.76 (C.39:10-29) is amended to read as follows:
4. Any agreement of retail sale may contain a provision whereby the purchaser waives the dealer's obligation under section 2 of this act; provided, however, any such waiver must be separately stated in the agreement of retail sale and separately signed by the purchaser ,and further provided that such a waiver shall not apply to the retail sale of a motor vehicle to the extent that the defect in the motor vehicle that would prevent the issuance of a certificate of approval for the motor vehicle pursuant to R.S.39:8-2 and R.S.39:8-3 is a defect in the emissions control apparatus or related items in the motor vehicle.
The signing of such a waiver by the purchaser shall also serve to eliminate any criminal responsibility placed upon any motor vehicle dealer by this act.
(cf: P.L.1971, c. 76, s. 4)
2. This act shall take effect on the first day of the third month following enactment.
This bill prohibits the purchaser of a used passenger motor vehicle to be registered in this State from waiving the obligation of the motor vehicle dealer under N.J.S.A.39:10-27 to the extent that the defect in the motor vehicle that would prevent the issuance of a certificate of approval for the motor vehicle pursuant to R.S.39:8-2 and R.S.39:8-3 is a defect in the emissions control apparatus or related items in the motor vehicle. Since a waiver is prohibited, if such a vehicle were sold, the seller is required under N.J.S.A.39:10-27 to make or cause to be made, all the necessary repairs, without charge or return the full purchase price to the purchaser; provided that the defect is not the result of the purchaser's own act.