ASSEMBLY, No. 2752
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 27, 1997
By Assemblyman GUSCIORA, Assemblywoman TURNER,
and Assemblyman Dalton
An Act concerning certain automobile dealers 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. a. As used in this section:
"Automobile dealer" means a person who, in the ordinary course of business, is engaged in the sale or leasing of new automobiles at retail to automobile purchasers or who in the course of any 12-month period offers more than three new automobiles for sale or lease at retail.
"Automobile purchaser" means an individual who purchases or leases a new automobile at retail.
"New automobile" means only a newly manufactured automobile.
"Substantial repair or body work" means repair or body work having a retail value of $200 or more.
b. It shall be an unlawful practice for an automobile dealer to fail to disclose, prior to sale, that a new automobile had been previously damaged on the dealer's premises and that substantial repair or body work has been performed on the new automobile.
2. This act shall take effect on the 60th day following enactment.
STATEMENT
This bill provides that it is an unlawful practice under the consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), for an automobile dealer to fail to disclose, prior to sale, that a new automobile had been previously damaged on the dealer's premises and that repair or body work with a retail value of $200 or more has been performed on the new automobile.
Violators are subject to the penalties set forth in the consumer fraud law. These penalties may include a fine of no more than $7,500 for a first offense and no more than $15,000 for any subsequent offense.
In addition, the Attorney General is authorized to seek and obtain in a summary action an injunction prohibiting any violator from continuing to engage in the unlawful practice.
Requires new car dealers to disclose certain damages and repairs prior to sale.