Law Office Of Paul DePetris
paul@newjerseylemon.com

An Experienced New Jersey Car Fraud Lawyer To Help Car Dealer Fraud Victims

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every Consumer court rule, code or law that may apply to your Consumer case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of Consumer cases, since there are different rules for different case types!


AN EXPERIENCED NEW JERSEY CAR FRAUD LAWYER TO HELP CAR DEALER FRAUD VICTIMS 
Car dealer rip offs occur when a car dealer commits certain misconduct when selling cars:
False advertising in used car services
Misrepresentations in the sale of used cars
Misrepresentations in the performance of used car contracts
Odometer fraud or odometer rollback
Fail to buy back a car that fails to pass Inspection.
Fail to buy back a used car lemon.
Find out about your rights under the law.  Let an experienced New Jersey car fraud lawyer provide you with a no obligation consultation about your legal rights!


WHAT DOES THE TERM “AS IS” MEAN IN 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 used car buyer being solely responsible for the cost of any repairs to that motor vehicle.  Car dealer rip offs often involve a dealer trying to hide behind the words “as is” printed on a car purchase contract.  Simply because a used car sale contract has the words “as is” on the contract does not mean that a used car dealer can commit consumer fraud when selling a used car to a used car buyer.  Consumer law does not encourage fraud in the sale of used cars.  Instead, the law protects car buyers.  Don’t be a victim of a car dealer scam involving “as is” language!   Before you give up your rights because of that type of language, have an experienced New Jersey car fraud lawyer explain to you some of the remedies available to rip off victims under the law. 


CAR DEALER NEW JERSEY USED CAR LEMON LAW RIP OFFS
Car dealer rip offs often involve the following acts or omissions in used car sales that are subject to the New Jersey Used Car Lemon Law:
Misrepresent the mechanical condition of a used car;
Fail to disclose, prior to sale, any material defect in the mechanical condition of the Used car which is known to the Used car dealer;
Represent that a used car, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the Used car dealer has a reasonable basis for representation when made;
Fail to disclose, prior to sale, the existence and terms of any written warranty, service contract or repair insurance subject to transfer, known to the Used car dealer, in effect & provided by a third party. 
Misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a used car provided by a person other than the Used car dealer and subject to transfer.
Fail to disclose, prior to sale, the existence & terms of any written warranty, service contract or repair insurance offered by the Used car dealer in connection with the sale of a used car;
Misrepresent the terms of any warranty, service contract or repair insurance offered with the sale of a used car;
Represent, prior to sale, that a used  car is sold with a warranty, service contract or repair insurance when the Car is sold without any warranty, service contract or repair insurance;
Fail to disclose, prior to sale, that a used car is sold without any warranty, service contract, or repair insurance; and
Fail to provide a clear written explanation, prior to sale, of what is meant by the term “as is,” if the Used car is sold “as is.” 
Let an experienced New Jersey car fraud lawyer provide you with information about your rights under the law.


CAR DEALER USED CAR WARRANTY RIP OFFS UNDER THE NEW JERSEY USED CAR LEMON LAW
Car dealer rip offs often involve the following misconduct involving New Jersey Used Car Lemon Law warranties:
For all Used cars sold for more than $3,000, less than seven or more model years old, that were not been declared a total loss by an insurance company and with respect to which the Consumer lemon buyer was so advised at time of sale in writing of same and that have 100,000 miles or less, the selling Used car dealer commits a per se Consumer Fraud Act violation unless they give the Consumer lemon buyer a written powertrain type of warranty with certain minimum durations subject to the Used car’s mileage.
The Consumer may waive the warranty in writing via a specific type of waiver.
If the Used car dealer fails to give a written warranty required by the New Jersey Used Car Lemon Law and the Consumer does not sign a waiver as provided by the New Jersey Used Car Lemon Law, the Used car dealer nevertheless shall be deemed to have given the warranty.
If, during the warranty issued by the Used car dealer pursuant to the New Jersey Used Car Lemon Law, the Used car dealer or the Used car dealer’s agent fails to correct a material defect after a reasonable opportunity to repair the Used car, the Used car dealer shall repurchase the Used car and provide a refund less a use allowance.


CAR INSPECTION RIP OFFS
Car dealer rip offs often involve a car failing to pass inspection.  Did you buy a used car from a used car dealer and it failed a car inspection.   Many used car buyers buy a used car and then try to get it inspected only to learn that the used car failed a Car inspection.   Repairs to a used car to get it in shape to pass a Car Inspection may cost thousands of dollars and time lost while the Used car is undergoing repairs.  You can’t legally drive a used car that fails a car inspection on roads for very long!  Don’t be a victim of a car inspection scam!   The Used Car Inspection Law provides certain used car buyers protections against cars that fail to pass inspection.  Let an experienced New Jersey Car fraud lawyer tell you more 


USED CAR DEALER’S OBLIGATION TO SELL USED CARS THAT MEET INSPECTION STANDARDS
Unless otherwise provided in the Used Car Inspection Law, no used car dealer shall sell at retail any used passenger used car to be registered in Consumer, unless the used car meets the standards for the issuance of a certificate of approval as provided in the Motor Vehicle Statutes.  


USED CAR DEALER’S OBLIGATION TO ASK USED CAR BUYER IF THEY ARE GOING TO REGISTER THE USED CAR IN CONSUMER IN ITS PRESENT CONDITION AND TO MAKE DISCLOSURES
Prior to entering into any agreement for the retail sale of a used car, the used car dealer shall inquire as to whether the used car to be purchased is intended for registration in this Consumer in the condition sold and, if so, such fact shall be specified in the written agreement between the used car dealer and the used car buyer and the used car dealer, prior to execution of the used car sale agreement, shall inform the used car buyer of the used car dealer's responsibilities under the used Car Inspection Law. 


WAIVER OF USED CAR DEALER’S OBLIGATION TO SELL USED CARS THAT MEET CAR INSPECTION STANDARDS
Any Used car retail sale agreement may contain a provision whereby the used car buyer waives the Used car dealer's obligation under section 2 of the used Car Inspection Law; provided, however, any such waiver must be separately stated in the used car agreement of retail sale and separately signed by the used car buyer.  The signing of such a waiver by the used car buyer shall also serve to eliminate any criminal responsibility placed upon any used car dealer by the Used Car Inspection Law.  If any such 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 Used Car Inspection Law, the used car dealer shall make, or cause to be made, all the necessary repairs, without charge, or return the full purchase price to the Used car buyer; provided that such defect or defects are not the result of the used car buyer’s own act.  Also, any used car dealer who fails to comply with the provisions of the Used Car Inspection Law is a disorderly person.  If your car failed inspection let an experienced New Jersey car fraud lawyer provide you more information about your rights.


WHAT IS ODOMETER FRAUD?
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.  Odometer fraud is usually committed to deceive a vehicle buyer into believing that a vehicle has traveled fewer miles than is actually the case.  To prohibit odometer fraud and to protect motor vehicle purchasers, under the Federal Odometer Law, the following conduct if committed intentionally may be fraud:
Advertising, selling, using, installing or having installed in a motor vehicle a device that causes its odometer to register the wrong mileage.
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.
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.
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.
Engaging in a conspiracy to violate the odometer repair and odometer disclosure sections of the Motor Vehicle Cost Information Act.


A used car dealer can be held responsible for odometer fraud.  If you think you are a victim of odometer fraud, don’t give up your rights - call an experienced New Jersey Car fraud lawyer.


MANDATORY DISCLOSURES FOR CARS UNDER THE FEDERAL ODOMETER LAW?
The following are mandatory disclosures required for certain cars under the Federal Odometer Law:
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.
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.
Anyone leasing a motor vehicle must provide an odometer disclosure statement to the lessor when the lessor transfers ownership of the vehicle.
Motor vehicle dealers and lessors must keep odometer disclosure statements for a period of 5 years.
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 CARS EXEMPT FROM THE FEDERAL ODOMETER LAW?
The following vehicles may be exempt from the requirements of 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 CONSUMER 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 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 used car fraud case. There are strict time limits within which the victim must file the used car fraud case.  Odometer fraud may also be a violation of other consumer protection statutes, such as the Consumer Fraud Act.  In proper cases, such as where a person proves that as a direct result of the commission of Consumer odometer fraud, they lost property or a sum of money capable of being calculated with reasonable certainty, the Consumer Fraud Act permits the 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 CAR DEALERS FACE IF THEY VIOLATE THE CONSUMER FRAUD ACT?
Many car dealers who commit certain types of car rip offs violate the Consumer Fraud Act.   The following are some of the remedies that car buyers may be entitled to under the Act:
Cancellation of fraudulent debts.
Treble damages for ascertainable loss of money or property caused by the Consumer Fraud Act Violation.
Attorney’s fee award for prosecuting the Consumer Fraud Act Violation or defending against lawsuits by dealers to collect a fraudulent debt.
Refund of money lost due to the Used Car dealer’s Consumer Fraud Act Violation.


If you think you were a fraud victim or a victim of a car dealer ripoff, call an experienced New Jersey Car fraud lawyer for a no obligation consultation.

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