INTRODUCTION
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NEW JERSEY CAR DEALER
RIP OFFS FAQS
New Jersey car dealer rip offs occur when a
New Jersey car dealer commits certain misconduct when selling cars in New
Jersey:
·
False
advertising in New Jersey Used Car services
·
Misrepresentations
in the sale of New Jersey Used Cars
·
Misrepresentations
in the performance of New Jersey Used Car contracts
·
New
Jersey odometer fraud or odometer rollback
·
Fail
to buy back a New Jersey car that fails to pass New Jersey inspection.
·
Fail
to buy back a New Jersey used car lemon.
WHAT
DOES THE TERM “AS IS” MEAN IN NEW JERSEY USED CAR SALES?
Under the New Jersey Used Car Lemon Law, "as is" means a used motor vehicle is sold
by a dealer to a consumer without any warranty, either express or implied, and
with the New Jersey used car buyer being solely responsible for the cost of any
repairs to that motor vehicle.
DO
THE WORDS “AS IS” LET A NEW JERSEY CAR DEALER SCAM YOU BY SELLING YOU A CAR
WITH PROBLEMS?
New Jersey car dealer rip offs often involve
a dealer trying to hide behind the words “as is” printed on a New Jersey car
purchase contract. Simply because a New Jersey
used car sale contract has the words “as is” on the contract does not mean that
a New Jersey used car dealer can commit New Jersey fraud when selling a New
Jersey used car to a New Jersey used car buyer.
New Jersey law does not encourage fraud in the sale of New Jersey used
cars. Instead, New Jersey law protects
New Jersey used car buyers. Don’t be a
victim of a New Jersey car dealer scam involving “as is” language!
NEW
JERSEY CAR DEALER NEW JERSEY USED CAR LEMON LAW RIP OFFS
New Jersey car dealer rip offs often involve
the
following acts or omissions in New Jersey used car sales that are subject to
the New Jersey Used Car Lemon Law:
NEW JERSEY CAR DEALER USED
CAR WARRANTY RIP OFFS UNDER THE NEW JERSEY USED CAR LEMON LAW
New Jersey car dealer rip offs often involve
the
following misconduct involving New Jersey Used Car Lemon Law warranties:
·
If, during the
warranty issued by the New Jersey used car dealer pursuant to the New Jersey
Used Car Lemon Law, the New Jersey used car dealer or the New Jersey used car
dealer’s agent fails to correct a material defect after a reasonable
opportunity to repair the New Jersey used car, the New Jersey used car dealer
shall repurchase the New Jersey used car and provide a refund less a use
allowance.
NEW
JERSEY CAR INSPECTION RIP OFFS
New
Jersey car dealer rip offs often involve a New Jersey car failing to pass
inspection. Did you buy a New Jersey
used car from a New Jersey used car dealer and it failed a New Jersey car
inspection. Many New Jersey used car
buyers buy a New Jersey used car and then try to get it inspected only to learn
that the New Jersey used car failed a New Jersey car inspection. Repairs to a New Jersey used car to get it
in shape to pass a New Jersey Car Inspection may cost thousands of dollars and
time lost while the New Jersey used car is undergoing repairs. You can’t legally drive a
New Jersey used car that fails a New Jersey car inspection on New Jersey roads
for very long! Don’t be a victim of a
New Jersey car inspection scam! The
New Jersey Used Car Inspection Law provides certain New Jersey used car buyers
protections against cars that fail to pass inspection.
NEW JERSEY USED CAR DEALER’S OBLIGATION TO
SELL NEW JERSEY USED CARS THAT MEET NEW JERSEY INSPECTION STANDARDS
Unless
otherwise provided in the New Jersey Used Car Inspection Law, no New Jersey
used car dealer shall sell at retail any used passenger New Jersey used car to be registered in New Jersey, unless the New Jersey used car meets the
standards for the issuance of a certificate of approval as provided in the New
Jersey Motor Vehicle Statutes.
NEW JERSEY
USED CAR DEALER’S OBLIGATION TO ASK NEW JERSEY USED CAR BUYER IF THEY ARE GOING
TO REGISTER THE NEW JERSEY USED CAR IN NEW JERSEY IN ITS PRESENT CONDITION AND
TO MAKE DISCLOSURES
Prior to entering into any agreement for the
retail sale of a New Jersey used
car, the New Jersey used car
dealer shall inquire as to whether the New
Jersey used car to be purchased is intended for registration in this New
Jersey in the condition sold and, if so, such fact shall be specified in the
written agreement between the New
Jersey used car dealer and the New
Jersey used car buyer and the New
Jersey used car dealer, prior to execution of the New Jersey used car sale agreement,
shall inform the New Jersey used
car buyer of the New Jersey used
car dealer's responsibilities under the New Jersey Used Car Inspection Law.
WAIVER
OF NEW
JERSEY USED CAR DEALER’S OBLIGATION TO SELL NEW JERSEY USED CARS THAT MEET NEW
JERSEY CAR INSPECTION STANDARDS
Top of Form
Any New
Jersey used car retail sale agreement may contain a
provision whereby the New
Jersey used car buyer waives the New Jersey used
car
dealer's obligation under section 2 of the New Jersey Used Car Inspection Law;
provided, however, any such waiver must be separately stated in the New Jersey used
car
agreement of retail sale and separately signed by the New Jersey used
car buyer. The signing of such a waiver by the New Jersey used
car buyer
shall also serve to eliminate any criminal responsibility placed upon any New Jersey used
car
dealer by the New Jersey Used Car Inspection Law.
WHAT HAPPENS IF A NEW JERSEY USED CAR FAILS INSPECTION AND I DID NOT SIGN A
WAIVER OF MY RIGHT TO HAVE THE NEW JERSEY USED CAR PASS INSPECTION?
In the event that any such New Jersey used car is sold at retail
and has any defect, which results in its rejection for failure to meet the
standards for issuance of such a certificate of approval, in the absence of a
waiver as provided in the New Jersey Used Car Inspection Law, the New Jersey used car dealer shall make,
or cause to be made, all the necessary repairs, without charge, or return the
full purchase price to the New Jersey
used car buyer; provided that such defect or defects are not the result of the New Jersey used car buyer’s own act. Also, any New Jersey Used Car dealer who fails to comply
with the provisions of the New Jersey Used Car Inspection Law is a disorderly
person.
WHAT IS NEW JERSEY ODOMETER FRAUD?
New
Jersey odometer fraud (which is often a type of New Jersey Consumer Fraud Act
violation) generally involves someone tampering with or altering the mileage
that is stated on a vehicle’s odometer – the gauge that measures how many miles
that the vehicle travels whenever it is moving. New Jersey odometer fraud
is usually committed to deceive a New Jersey vehicle buyer of a vehicle into
believing that a vehicle has traveled fewer miles than is actually the
case. To prohibit New Jersey odometer
fraud and to protect motor vehicle purchasers, under the Federal Odometer Law,
the following conduct if committed intentionally may be fraud:
Ø Advertising, selling,
using, installing or having installed in a motor vehicle a device that causes
its odometer to register the wrong mileage.
Ø Disconnecting, resetting, altering or having
disconnected, reset or altered a motor vehicle’s odometer in order to change
the actual mileage stated on the odometer.
Ø Operating a motor
vehicle if the operator knows that its odometer is disconnected or not operating
if the action is taken with the intent to defraud.
Ø Removing or altering
a notice attached to a motor vehicle as required by the Motor Vehicle Cost
Information Act, if the action is taken with the intent to defraud.
Ø Engaging in a
conspiracy to violate the odometer repair and odometer disclosure sections of
the Motor Vehicle Cost Information Act.
A New
Jersey used car dealer can be held responsible for New Jersey odometer fraud.
MANDATORY DISCLOSURES FOR NEW JERSEY CARS UNDER THE
FEDERAL ODOMETER LAW?
Ø Anyone who repairs or
replaces an odometer and it no longer registers the same mileage as before its
repair or replacement, the person must adjust the odometer to the “0” mark and
then place a disclosure sticker on the vehicle’s left door frame.
Ø Anyone transferring
ownership of a motor vehicle must give the new person taking ownership written
disclosure: (1) of the vehicle’s mileage and attest to the accuracy of
the mileage figure; or (2) that the mileage is unknown; or (3) the mileage
stated on the vehicle’s odometer is incorrect. Unless the vehicle’s
certificate of title is in possession of a lienholder, this disclosure must be
made on the vehicle’s certificate of title. If a lienholder has the
certificate of title in its possession, the person transferring title to the
motor vehicle may use a written power of attorney (if allowed by State law) to
make the appropriate disclosure. In addition, the new person taking
ownership of the vehicle must be given a copy of the disclosure statement.
Ø Anyone leasing a
motor vehicle must provide an odometer disclosure statement to the lessor when
the lessor transfers ownership of the vehicle.
Ø Motor vehicle dealers and lessors must keep
odometer disclosure statements for a period of 5 years.
Ø Motor vehicle auction companies must keep
records of buyers, sellers, odometer readings and vehicle identification
numbers for vehicles that are sold through the auction companies for a period
of 4 years.
WHEN ARE NEW JERSEY CARS EXEMPT FROM THE FEDERAL
ODOMETER LAW?
·
Vehicles
with a gross weight of over 16,000 pounds or that or 10 years or older are
exempt from the requirements of the Motor Vehicle Cost Information Act.
·
Certain
requirements of the Motor Vehicle Cost Information Act (those of subsections
(b) and (c)(1)) do not apply if the State where the transfer of the vehicle
occurs has in effect alternate motor vehicle mileage disclosure requirements
approved by the Secretary of Transportation.
WHAT ARE THE
DAMAGES NEW JERSEY ODOMETER FRAUD VICTIMS MIGHT RECOVER?
If
a person is the victim of another’s intentional violation of the Motor Vehicle
Cost Information Act, the wronged person may bring a case against the wrongdoer
in the Superior Court of New Jersey. If the victim wins the New Jersey used car
fraud case, the victim can recover money damages in the amount of 3 times their
actual damages or $1,500.00 plus reasonable attorney's fees and court costs,
including the fees for filing the New Jersey used car fraud case. There are
strict time limits within which the victim must file the New Jersey used car
fraud case.
New
Jersey odometer fraud may also be a violation of other consumer protection
statutes, such as the New Jersey Consumer Fraud Act. In proper cases, such as where a person
proves that as a direct result of the commission of New Jersey odometer fraud,
they lost property or a sum of money capable of being calculated with
reasonable certainty, the New Jersey Consumer Fraud Act permits the New Jersey
Used Car buyer to recover money damages in the amount of 3 times their actual
loss plus reasonable attorney’s fees and certain costs.
WHAT PENALTIES DO NEW JERSEY CAR DEALERS FACE IF
THEY VIOLATE THE NEW JERSEY CONSUMER FRAUD ACT?
Many
New Jersey car dealers who commit certain types of New Jersey car rip offs
violate the New Jersey Consumer Fraud Act.
The following are some of the remedies that New Jersey car buyers may be
entitled to under the New Jersey Consumer Fraud Act: