ASSEMBLY, No. 2274

STATE OF NEW JERSEY

INTRODUCED JULY 18, 1996

By Assemblymen PASCRELL and IMPREVEDUTO

An Act concerning the sale of certain used motor vehicles and amending P.L.1995, c.373.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 2 of P.L.1995, c.373 (C.56:8-68) is amended to read as follows:

    2. It shall be an unlawful practice for a dealer:

    a. To misrepresent the mechanical condition of a used motor vehicle;

    b. To fail to disclose, prior to sale, any material defect in the mechanical condition of the used motor vehicle which is known to the dealer;

    c. To represent that a used motor vehicle, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the dealer has a reasonable basis for this representation at the time it is made;

    d. To fail to disclose, prior to sale, the existence and terms of any written warranty, service contract or repair insurance currently in effect on a used motor vehicle provided by a person other than the dealer, and subject to transfer to a consumer, if known to the dealer;

    e. To misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a used motor vehicle provided by a person other than the dealer, and subject to transfer to a consumer;

    f. To fail to disclose, prior to sale, the existence and terms of any written warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used motor vehicle;

    g. To misrepresent the terms of any warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used motor vehicle;

    h. To represent, prior to sale, that a used motor vehicle is sold with a warranty, service contract or repair insurance when the vehicle is sold without any warranty, service contract or repair insurance;

    i. To fail to disclose, prior to sale, that a used motor vehicle is sold without any warranty, service contract, or repair insurance; [and]

    j. To fail to provide a clear written explanation, prior to sale, of what is meant by the term "as is," if the used motor vehicle is sold "as is" ; and

    k. To fail to disclose, prior to sale: (1) any missing emission control equipment in the used motor vehicle; or (2) any defective emission control equipment in the used motor vehicle which is known to the dealer.

(cf: P.L.1995, c.373, s.2)

    2. This act shall take effect on the 60th day following enactment.

STATEMENT

    This bill requires a dealer of a used motor vehicle to disclose, prior to sale, any missing or defective emission control equipment in the used motor vehicle, and thereby provides a prospective purchaser with information to make a more informed decision.

Requires a dealer to disclose missing or defective emission control equipment in a used motor vehicle.