Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Requires dealership to notify buyers of recalls on used motor vehicles for sale.
CURRENT VERSION OF TEXT
An Act concerning recalls on used motor vehicles for sale and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. It shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) for a dealer to sell or transfer a used motor vehicle without first contacting or accessing information provided by the vehicle manufacturer or the National Highway Traffic Safety Administration to determine if there are any outstanding recalls on the vehicle which have not been corrected or addressed. In the event that such a recall is discovered, the dealer shall provide the information about the recall to a prospective purchaser prior to finalizing the sale of the used motor vehicle.
As used in this section, “dealer” means the same as defined pursuant to R.S.39:10-2.
2. This act shall take effect on the first day of the seventh month next following the date of enactment.
This bill requires a car dealer to provide information to any potential buyer of a used motor vehicle with outstanding recalls.
Under the bill, it would be an unlawful practice under the consumer fraud act for a dealer to sell a used vehicle without first contacting, or accessing information provided by, the vehicle manufacturer or the National Highway Traffic Safety Administration to determine if there are any recalls on the used vehicle which have not been corrected or addressed. In the event that a recall is discovered, the dealer would provide the recall information to the prospective purchaser prior to finalizing the sale of the vehicle.
An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.