Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Car Sales Fraud And New Jersey Car Service Fraud

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NEW JERSEY CAR SALES FRAUD AND NEW JERSEY CAR REPAIR FRAUD

WHAT IS NEW JERSEY CAR SALES FRAUD AND NEW JERSEY CAR REPAIR FRAUD?
• New Jersey Consumer Fraud frequently occurs in New Jersey car sales & leasing & in the New Jersey sale of automotive components, accessories & services.
• The average New Jersey car, New Jersey truck or New Jersey SUV New Jersey buyer & lessee is exposed to an excess of information about New Jersey car, New Jersey truck and New Jersey SUV prices & values.
• Since the New Jersey purchase of a New Jersey car, New Jersey truck or New Jersey SUV represents a significant investment for most New Jersey consumers, New Jersey buyers require protection from misleading information.
• New Jersey lessees of New Jersey car, New Jersey truck or New Jersey SUVs require protection because leases vary a great amount in their terms & New Jersey consumers often lack a clear picture of all the terms & requirements.
• New Jersey car repair agencies & the abuses they heap upon New Jersey consumers are one of the areas specifically targeted for redress by the New Jersey Consumer Fraud Act.
• To protect New Jersey consumers of New Jersey used car dealerships, auto repair shops & auto parts stores, the New Jersey Legislature enacted various New Jersey laws & the New Jersey Division of Consumer Affairs adopted various New Jersey Consumer Fraud regulations affecting those industries.

NEW JERSEY CAR SALES FRAUD
• To address New Jersey Consumer Fraud that is rampant in New Jersey car sales practices, where New Jersey consumers are commonly hoodwinked into paying for a host of expensive New Jersey predelivery car services that are illusory, irrelevant, unperformed, unauthorized & unnecessary, the New Jersey Division of Consumer Affairs enacted New Jersey Consumer Fraud regulations on New Jersey used car dealers’ disclosure of New Jersey predelivery car services.
• These New Jersey Consumer Fraud regulations are construed & applied to achieve their underlying purpose of preventing deceptive advertising & affording forthright & honest presentations of New Jersey car, New Jersey truck and New Jersey SUV information.
• Examples of services that are subject to New Jersey used car dealership abuse include New Jersey car & document preparation services.
• Such services may only be performed with the New Jersey buyer’s consent by first presenting an itemized invoice of each particular predelivery service to be delivered & its cost.
• Where an New Jersey used car dealer charges a New Jersey consumer for New Jersey predelivery car services without first itemizing each service & the charges associated therewith, the New Jersey used car dealer commits a New Jersey Consumer Fraud per se violation - New Jersey ascertainable loss takes the form of the sums paid to the New Jersey used car dealer

EXAMPLES OF NEW JERSEY CAR SALES FRAUD CASES
• Advertising agency violated New Jersey Consumer Fraud regulations prohibiting sale of a used auto failing to disclose the bona fide odometer reading.
• New Jersey car dealer failed to disclose to the New Jersey consumer the price of the New Jersey predelivery car services & failed to itemize such services in the final sales agreement.
• New Jersey car buyers bought New Jersey car meant to last up to 20 years but which contained emergency response systems that would allegedly become useless at the end of 2007.
• New Jersey consumer agreed to buy New Jersey car at one price & thereafter, seller increased the price.
• New Jersey consumer purchased New Jersey car represented as new with only 10 miles on its odometer, when in fact it was a New Jersey demonstrator with 9,800 miles.
• New Jersey car dealer overcharged New Jersey plaintiff $350 for “equipment & services plus sales tax”.
• New Jersey car dealer represented New Jersey car, New Jersey truck and New Jersey SUV driven 59,586 miles & gave New Jersey plaintiff certified statement to that effect, when in fact New Jersey car, New Jersey truck and New Jersey SUV was driven over 100,000 miles & its odometer was tampered with.
• New Jersey car dealer: (1) raised New Jersey car price from $20,535 to $24,735 to include the cost of sealant & service contract, while New Jersey consumers approved neither of these additional features nor received any explanation thereof; (2) initiated finance contract which New Jersey consumers deny knowingly executing & notwithstanding that New Jersey consumers wanted to pay cash; (3) lost checks; (4) failed to provide New Jersey consumers a list of all charges; (5) failed to prove that bank acknowledged the New Jersey car loan’s existence or issued payment book.
• New Jersey consumer gave New Jersey car dealer $500 deposit for the privilege of driving a New Jersey car for a few days before deciding whether to purchase. New Jersey consumer returned New Jersey car but New Jersey car dealer failed to return the deposit, despite repeated calls & requests. 13 days after New Jersey consumer filed suit & 24 days after the New Jersey car’s return, New Jersey car dealer returned the deposit.

NEW JERSEY CAR LEASE FRAUD
• New Jersey Consumer Protection Leasing Act regulates the leasing of New Jersey car, New Jersey truck and New Jersey SUVs.
• New Jersey Division of Consumer Affairs adopted various New Jersey Consumer Fraud regulations affecting New Jersey car, New Jersey truck and New Jersey SUV leases.
• Any violation of the New Jersey Consumer Protection Leasing Act is per se New Jersey Consumer Fraud Act violation.
• New Jersey Consumer Protection Leasing Act contains specific requirements concerning disclosures & requires notice of right to cancel lease.
• A statute regulates the subleasing of New Jersey car, New Jersey truck and New Jersey SUVs & applies New Jersey Consumer Fraud Act liability against those violating the subleasing requirements.
• A person who is not a New Jersey party to a New Jersey lease contract, conditional sale contract or security agreement cannot arrange, for compensation, the transfer, assignment or sublease of any right or interest in New Jersey car, New Jersey truck and New Jersey SUV subject to a New Jersey lease contract, conditional sale contract or security agreement unless the transfer, assignment or sublease is made in compliance with the terms of such contract/agreement.

NEW JERSEY CAR REPAIR FRAUD
• The New Jersey Division of Consumer Affairs adopted New Jersey Consumer Fraud regulations regarding the repair of New Jersey car, New Jersey truck and New Jersey SUVs.
• Automotive repair New Jersey car dealer - any person who, for compensation, engages in the business of performing or employing persons who perform maintenance, diagnosis or repair services on a New Jersey car, New Jersey truck and New Jersey SUV or the replacement of parts including body parts, but excluding those persons who engage in the business of repairing New Jersey car, New Jersey truck and New Jersey SUVs of commercial or industrial establishments or government agencies, under contract or otherwise, but only with respect to such accounts.

WHAT TYPE OF REPAIRS ARE COVERED BY THE NEW JERSEY CAR REPAIR FRAUD NEW JERSEY CONSUMER FRAUD REGULATIONS?
• Maintenance and repairs of New Jersey car, New Jersey truck and New Jersey SUVs performed by an automotive repair New Jersey car dealer but excluding changing tires, lubricating New Jersey car, New Jersey truck and New Jersey SUVs, changing oil, installing light bulbs, batteries, windshield wiper blades and other minor accessories and services.
• Restoration & remanufacture of antique New Jersey car, New Jersey truck or New Jersey SUVs & engines.
• Automotive customization & refabrication, including the performance of automotive driveshaft work.
• Restoration, customization & repair work to unroadworthy New Jersey car, New Jersey truck and New Jersey SUVs.

WHAT ARE SOME OF THE THINGS NEW JERSEY REPAIR SHOPS MUST NOT DO WHEN PROVIDING NEW JERSEY CAR REPAIR SERVICES?
• Making or authorizing in any manner or by any means whatever any statement, written or oral, untrue or misleading & which is known, or by which the exercise of reasonable care should be known.
• Commencing work for compensation without securing authorization required by the New Jersey Consumer Fraud regulations.
• Commencing work for compensation without providing a price estimate.
• Failure to provide a New Jersey consumer with a copy of any receipt or document signed by New Jersey consumer at time of signing.
• Making deceptive or misleading statements or false promises of a character likely to influence, persuade or induce a New Jersey consumer to authorize the repair, service or maintenance of a New Jersey car, New Jersey truck and New Jersey SUV.
• Charging the New Jersey consumer for work done or parts supplied over estimated price without oral or written consent obtained after the estimated price is insufficient & before the work not estimated is done or the parts not estimated are supplied.

WHAT IS NEW JERSEY USED CAR FRAUD?
A significant amount of New Jersey Consumer Fraud is committed in the New Jersey used car sales industry. The average New Jersey used car buyer is exposed to simply too much information about New Jersey used cars. The New Jersey purchase of a car is a major investment for many New Jersey consumers. New Jersey used car buyers need protection from misleading information. To attempt to combat this New Jersey Consumer Fraud and to promote the purposes of the New Jersey Consumer Fraud Act, the New Jersey Division of Consumer Affairs adopted New Jersey Consumer Fraud regulations regarding automotive advertising and New Jersey car sales. A New Jersey used car dealer’s failure to follow the New Jersey used car lemon law and the New Jersey automotive advertising or sales New Jersey Consumer Fraud regulations may result in a violation of the New Jersey Consumer Fraud Act. The New Jersey Consumer Fraud Act automotive regulations:
• identify prohibited automotive advertising practices prohibited as unlawful under the New Jersey Consumer Fraud Act;
• require mandatory disclosure in advertisements of certain information relating to advertised New Jersey used cars
• require on-site disclosures relating to advertised New Jersey used cars.

UNLAWFULPRACTICES IN NEW JERSEY USED CAR SALES BY NEW JERSEY USED CAR DEALERS
The following conduct by New Jersey used car dealers is a violation of the New Jersey Consumer Fraud Act:
• To misrepresent the mechanical condition of a New Jersey used car;
• To fail to disclose, prior to the New Jersey sale, any material defect in the mechanical condition of the a New Jersey used car which is known to the New Jersey used car dealer;
• To represent that a New Jersey used car, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the New Jersey used car dealer has a reasonable basis for this representation at the time it is made;
• To fail to disclose, prior to the New Jersey sale, the existence and terms of any written warranty, service contract or repair insurance currently in effect on a New Jersey used car provided by a person other than the New Jersey used car dealer, and subject to transfer to a New Jersey consumer, if known to the New Jersey used car dealer;
• To misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a New Jersey used car provided by a person other than the New Jersey used car dealer, and subject to transfer to a New Jersey consumer;
• To fail to disclose, prior to the New Jersey sale, the existence and terms of any written warranty, service contract or repair insurance offered by the New Jersey used car dealer in connection with the New Jersey sale of a New Jersey used car;
• To misrepresent the terms of any warranty, service contract or repair insurance offered by the New Jersey used car dealer in connection with the New Jersey sale of a New Jersey used car;
• To represent, prior to the New Jersey sale, that a New Jersey used car is sold with a warranty, service contract or repair insurance when the New Jersey car, New Jersey truck and New Jersey SUV is sold without any warranty, service contract or repair insurance;
• To fail to disclose, prior to the New Jersey sale, that a New Jersey used car is sold without any warranty, service contract, or repair insurance;
• To fail to provide a clear written explanation, prior to the New Jersey sale, of what is meant by the term "as is," if the a New Jersey used car is sold "as is"; and
• To sell a used New Jersey car, New Jersey truck and New Jersey SUV to a New Jersey consumer without giving the New Jersey consumer a written warranty which shall at least have the following minimum durations: (a) If the used New Jersey car, New Jersey truck and New Jersey SUV has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first; (b)If the used New Jersey car, New Jersey truck and New Jersey SUV has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or (c)If the used New Jersey car, New Jersey truck and New Jersey SUV has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a New Jersey consumer may waive his right to a warranty as a result of a price negotiation for the New Jersey purchase of a used New Jersey car, New Jersey truck and New Jersey SUV with over 60,000 miles. The written warranty shall require the New Jersey used car dealer, upon failure or malfunction of a covered item during the term of the warranty, to correct the malfunction or defect, provided the used New Jersey car, New Jersey truck and New Jersey SUV is delivered to the New Jersey used car dealer, at his regular place of business, and subject to a deductible amount of $50 to be paid by the New Jersey consumer for each repair of a covered item. This written warranty shall exclude repairs covered by any manufacturer's warranty, or recall program, as well as repairs of a covered item required because of collision, abuse, or the New Jersey consumer's failure to properly maintain such used New Jersey car, New Jersey truck and New Jersey SUV in accordance with the manufacturer's recommended maintenance schedule, or from damage of a covered item caused as a result of any commercial use of the used New Jersey car, New Jersey truck and New Jersey SUV, or operation of such New Jersey car, New Jersey truck and New Jersey SUV without proper lubrication or coolant, or as a result of any misuse, negligence or alteration of such New Jersey car, New Jersey truck and New Jersey SUV by someone other than the New Jersey used car dealer.

WHAT NEW JERSEY USED CARS ARE COVERED BY THE NEW JERSEY CONSUMER FRAUD ACT AUTOMOTIVE REGULATIONS?
The New Jersey Consumer Fraud Act automotive regulations apply to the following New Jersey used cars:
• New Jersey car, New Jersey truck and New Jersey SUVs driven otherwise than by muscular power, except New Jersey car, New Jersey truck and New Jersey SUVs running only upon rails or tracks.
• offered for sale or lease and specifically identified by an advertised price.

In this article, for simplicity’s sake, New Jersey used cars to which the New Jersey Consumer Fraud Act applies are referred to as “New Jersey used cars”.

In an advertisement which offers a group of new or used New Jersey car, New Jersey truck and New Jersey SUVs for sale or lease covering a specified price range (for example, "1995 Metros for sale--$10,000 to 12,999," or "Lease a new Olds for $298 a month and up."), the least expensive New Jersey used car in that advertised range is considered to be an advertised New Jersey used car.

Under the New Jersey Consumer Fraud Act automotive regulations, the term "New Jersey used car" means any New Jersey used car with an odometer reading of greater than 1,000 miles, except for a "demo".

Under the New Jersey Consumer Fraud Act automotive regulations, the term "demo" means a New Jersey used car used exclusively by a New Jersey used car dealer or New Jersey car dealer's employee that has never been titled and to which the new New Jersey car, New Jersey truck and New Jersey SUV warranty still applies.

Under the New Jersey Consumer Fraud Act automotive regulations, the term "Advertised price" means the dollar amount required to purchase or lease a New Jersey used car, advertised as:
• The total price; or
• The monthly payment price; or
• The deferred payment price; or
• A specific discount or savings on the manufacturer's
suggested retail price.

WHAT ADVERTISEMENTS ARE COVERED BY THE NEW JERSEY AUTOMOTIVE ADVERTISING NEW JERSEY CONSUMER FRAUD REGULATIONS?
The New Jersey Consumer Fraud Act automotive regulations apply to any of the following types of conduct involving any New Jersey used car:
• the attempt directly or indirectly by publication, dissemination, solicitation, indorsement or circulation or in any other way;
• to induce directly or indirectly
• any person to enter or not enter into any obligation or acquire any title or interest in any merchandise or to increase the consumption thereof or to make any loan.

For the New Jersey Consumer Fraud Act automotive regulations to apply, the advertisement must offer a New Jersey used car for sale or lease at retail in any of the following:
• Newspaper.
• Periodical.
• Pamphlet.
• Circular
• Other publication.
• Paper.
• Sign.
• Radio or television broadcast.

For the New Jersey Consumer Fraud Act automotive regulations to apply, the advertisements must be:
• uttered, issued, printed, disseminated, published, circulated or distributed within New Jersey concerning New Jersey used cars offered for sale or lease at locations exclusively within New Jersey; or
• uttered, issued, printed, disseminated, published, circulated or distributed to any substantial extent within New Jersey concerning New Jersey used cars offered for sale or lease at locations within New Jersey and outside New Jersey, or at locations exclusively outside New Jersey.

An example of a violation of the advertising New Jersey Consumer Fraud regulations would be a New Jersey used car dealer's advertisement of New Jersey used cars "priced well below New Jersey car dealer invoice".

WHICH ADVERTISERS MUST FOLLOW THE NEW JERSEY AUTOMOTIVE ADVERTISING NEW JERSEY CONSUMER FRAUD REGULATIONS?
The following people selling New Jersey used cars in New Jersey for a living must comply with the New Jersey Consumer Fraud Act automotive regulations:
• Any natural person or his legal representative, partnership, corporation, company, trust, business entity or association and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent thereof;
• who, in the ordinary course of business, is engaged in the New Jersey sale, leasing or financing of New Jersey used cars at retail; or
• who in the course of any 12 month period offers more than three New Jersey used cars for sale or lease; or
• who is engaged in the brokerage of New Jersey used cars whether for sale or lease and who causes an advertisement to be made for the retail sale or lease of New Jersey used cars. "Broker" means a person who in the course of any 12 month period arranges or offers to arrange the retail sale or lease of more than three New Jersey used cars from the inventory of other business entities.

Under the New Jersey Consumer Fraud Act automotive regulations, a "New Jersey car dealer" means any person who, in the ordinary course of business, is engaged in the New Jersey sale or leasing of New Jersey used cars at retail or who in the course of any 12-month period offers more than three New Jersey used cars for sale or lease at retail.
An advertising agency and the owner or publisher of a newspaper, magazine, periodical, circular, billboard or radio or television station acting on behalf of a New Jersey car advertiser shall be deemed a New Jersey car advertiser within the meaning of the New Jersey Consumer Fraud Act automotive regulations, when the agency or owner's or publisher's staff prepares and places an advertisement for publication. The agency, owner, or publisher shall not be liable for a violation of the New Jersey Consumer Fraud Act automotive regulations when reasonably relying upon data, information or material supplied by the person for whom the advertisement is prepared or placed or when the violation is caused by an act, error or omission beyond the preparer's control, including but not limited to, the post-publication performance of the person on whose behalf such advertisement was placed.

WHAT TYPE OF DISCLOSURES MUST A NEW JERSEY USED CAR DEALERSHIP MAKE AT ITS NEW JERSEY CAR DEALERSHIP?
The following information relating to an advertised New Jersey used car must be provided at the main entrance(s) to the business premises where the New Jersey used car is displayed or in proximity to the New Jersey car, New Jersey truck and New Jersey SUV or on the New Jersey car, New Jersey truck and New Jersey SUV itself:
• A copy of any printed advertisement that quotes a price for the New Jersey sale or lease of that New Jersey car, New Jersey truck and New Jersey SUV; alternatively, a tag may be attached to the New Jersey used car(s) stating the advertised price as well as the other information required mandatory disclosure requirements in all advertisements for the New Jersey sale or lease of New Jersey used cars.
• A fuel economy label, if required by the Federal law known as the New Jersey used car Information and Cost Savings Act, 15 U.S.C. § 2006; and
• The New Jersey used car Buyers Guide, if required by the Federal Trade Commission's New Jersey used car Rule, 16 C.F.R. Part 455.2.

A New Jersey used car dealer shall not advertise a new New Jersey used car which does not have the Monroney label, if required by the Federal law known as the New Jersey used car Information Disclosure Act, 15 U.S.C. §§ 1231-1233.

A New Jersey used car dealer’s failure to provide this information results in a violation of the New Jersey Consumer Fraud Act.

WAT TYPE OF RECORDS MUST A NEW JERSEY USED CAR DEALER KEEP REGARDING ITS ADVERTISEMENTS?
A New Jersey car advertiser shall have a New Jersey used car advertised for sale on premises and available for sale at the advertised price during the period of publication or a record of the New Jersey sale of that New Jersey car, New Jersey truck and New Jersey SUV at the advertised price or less during that period.

A New Jersey car advertiser shall have a New Jersey used car advertised for lease available for lease at the advertised price during the period of publication, or a record of the lease of that New Jersey car, New Jersey truck and New Jersey SUV at the advertised price or less during that period. Such record shall consist of all applicable advertisements and a copy of the executed contract with the New Jersey buyer or lessee of the New Jersey car, New Jersey truck and New Jersey SUV; this documentation shall be maintained for 180 days after the transaction and shall be made available for inspection by the New Jersey Division of Consumer Affairs.

If the New Jersey used car is sold or leased during the period of publication, the advertiser must so notify New Jersey consumers who inquire by telephone or in person.
A New Jersey used car dealer’s failure to provide this information results in a violation of the New Jersey Consumer Fraud Act.

WHAT TYPE OF NEW JERSEY USED CAR SALES PRACTICES ARE ILLEGAL UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Certain types of New Jersey used car sales practices are illegal under the New Jersey Consumer Fraud Act for New Jersey used car dealers – which includes professional New Jersey used car sellers or their legal representative, partnership, corporation, company, trust, business entity or association and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent thereof who, in the ordinary course of business, is engaged in the New Jersey sale of New Jersey used cars at retail or who in the course of any 12 month period offers more than 3 New Jersey used cars for sale, lease, or rental or who is engaged in the brokerage of New Jersey used cars whether for sale, lease or rental.

The New Jersey Consumer Fraud Act automotive regulations contain the following definitions:
• “Documentary service fee" -- any monies or other thing of value which a New Jersey used car dealer accepts from a New Jersey consumer in exchange for the performance of certain documentary services which include, but are not limited to, the preparation and processing of documents in connection with the transfer of license plates, New Jersey Home Repair Contractor Registration, or title, and the preparation and processing of other documents relating to the New Jersey sale of a New Jersey used car to said consumer;
• "Pre-delivery service fee" -- any monies or other thing of value which a New Jersey used car dealer accepts from a New Jersey consumer in exchange for the performance of New Jersey predelivery car services upon a New Jersey used car, and includes, but is not limited to, items which are often described or labeled as New Jersey car dealer preparation, New Jersey car, New Jersey truck and New Jersey SUV preparation, predelivery service, handling and delivery, or any other term of similar import;
• "Sales document" -- the first document a New Jersey used car dealer utilizes to evidence an order for, deposit towards, or contract for the New Jersey purchase of a New Jersey used car by a New Jersey consumer, and includes but is not limited to, retail orders, sales invoices, sales contracts, retail installment contracts, and other documents of similar import.

The following practices involving pre-delivery service fees in the New Jersey sale of New Jersey used cars by New Jersey used car dealers are violations of the New Jersey Consumer Fraud Act:
• Accepting, charging, or obtaining from a New Jersey consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery service for which the New Jersey used car dealer receives payment, credit, or other value from any person or entity other than a retail New Jersey buyer of the New Jersey used car;
• Accepting, charging, or obtaining from a New Jersey consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery service without first itemizing the actual pre-delivery service which is being performed and setting forth in writing on the New Jersey sales document the price for each specific pre-delivery service;
• Except in connection with the New Jersey sale of New Jersey used cars, failing to conspicuously place upon the front of the New Jersey sales document which contains a pre-delivery service fee, in ten-point bold face type, the following statement: "You have a right to a written itemized price for each specific pre-delivery service which is to be performed. The New Jersey used car dealer may not charge for New Jersey predelivery car services for which the New Jersey used car dealer is reimbursed by the manufacturer."

The following practices involving documentary service fees in the New Jersey sale of New Jersey used cars by New Jersey used car dealers are violations of the New Jersey Consumer Fraud Act:
• Accepting, charging, or obtaining from a New Jersey consumer monies, or any other thing of value, in exchange for the performance of any documentary service without first itemizing the actual documentary service which is being performed and setting forth in writing on the New Jersey sale document the price for each specific documentary service; or
• Representing to a New Jersey consumer that a governmental entity requires the New Jersey used car dealer to perform any documentary service;
• Failing to conspicuously place upon the front of the New Jersey sales document which contains a documentary service fee, in ten-point bold face type, the following: "You have a right to a written itemized price for each specific documentary service which is to be performed."

WHAT IS BAIT AND SWITCH NEW JERSEY USED CAR ADVERTISING IN NEW JERSEY?
The following New Jersey used car advertising practices are unlawful "bait and switch" advertising under the New Jersey Consumer Fraud Act:
• The advertisement of a New Jersey used car as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price.
• Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a New Jersey used car as advertised or not to sell or lease it at the advertised price:

o Refusal to show, display, sell, or lease the advertised New Jersey used car in accordance with the terms of the advertisement, unless the New Jersey car, New Jersey truck and New Jersey SUV has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.
o Accepting a deposit for an advertised New Jersey used car, then switching the New Jersey buyer to a higher-priced New Jersey used car, except when the New Jersey buyer has initiated the switch as evidenced by a writing to that effect signed by the New Jersey buyer.
o The failure to make delivery of an advertised New Jersey used car, then switching the New Jersey buyer to a higher-priced New Jersey used car; except when the New Jersey buyer has initiated the switch as evidenced by a writing to that effect signed by the New Jersey buyer.

WHAT INFORMATION MUST A NEW JERSEY USED CAR SALE ADVERTISEMENT INCUDE?
In any New Jersey advertisement offering for sale a New Jersey used car at an advertised price, the following information must be included:
• The advertiser's business name and business address;
• A statement that "price(s) include(s) all costs to be paid by a New Jersey consumer, except for licensing costs, New Jersey Home Repair Contractor Registration fees, and taxes". If the statement appears as a footnote, it must be set forth in at least 10 point type. Under the New Jersey Consumer Fraud Act automotive regulations, "all costs to be paid by a New Jersey consumer" means manufacturer-installed options, freight, transportation, shipping, New Jersey car dealer preparation, and any other costs to be borne by a New Jersey consumer except licensing costs, New Jersey Home Repair Contractor Registration fees, and taxes;
• The year, make, model, and number of engine cylinders of the advertised New Jersey used car;
• Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power or manual; and whether the New Jersey car, New Jersey truck and New Jersey SUV has air conditioning, unless those items are standard equipment on the advertised New Jersey used car. This provision shall not apply to advertisements for motorcycles;
• The last eight digits of the New Jersey car, New Jersey truck and New Jersey SUV identification number, preceded by the letters "VIN". This provision shall not apply to radio and television broadcasts, or to advertisements for motorcycles; and
• A list of any New Jersey car dealer installed options on the advertised New Jersey used car and the retail price of each, as determined by the New Jersey used car dealer.
• The actual odometer reading as of the date the advertisement is placed for publication; and
• The nature of prior use unless previously and exclusively owned or leased by individuals for their personal use, when such prior use is known or should have been known by the advertiser.

A New Jersey used car dealer’s failure to provide this information results in a violation of the New Jersey Consumer Fraud Act.

In any type of New Jersey used car advertising, the following practices by a New Jersey used car dealer results in a violation of the New Jersey Consumer Fraud Act:
• The use of any type size, location, lighting, illustration, graphic depiction or color so as to obscure or make misleading any material fact;
• The setting forth of an advertised price which has been calculated by deducting a down payment, trade-in allowance or any deductions other than a manufacturer's rebate and New Jersey car dealer's discount;
• The setting forth of an advertised price which fails to disclose, adjacent to the advertised price, that it has been calculated by deducting a manufacturer's rebate or New Jersey car dealer's discount;
• The failure to state all disclaimers, qualifiers, or limitations that in fact limit, condition, or negate a purported unconditional offer (such as a low APR or high trade-in amount), clearly and conspicuously, next to the offer and not in a footnote identified by an asterisk. Such disclosure shall be made verbally in a radio or television advertisement. Identical information pertaining to all New Jersey used cars in a group of advertised New Jersey used cars, however, may appear in a footnote, provided the type is no smaller than 10 point;
• The failure to state the applicable time period of any special offer, in at least 10-point type immediately adjacent to the special offer, unless the special offer is a manufacturer's program;
• The use of the word "free" when describing equipment or other item(s) to be given to the New Jersey buyer or lessee of a New Jersey used car, if the "free" item has a value which has increased the advertised price. In using the word "free" in advertising, the advertiser shall comply with the Federal Trade Commission Rule, 16 CFR § 251, and any amendments thereto;
• The failure to disclose that the New Jersey used car had been previously damaged and that substantial repair or body work has been performed on it when such prior repair or body work is known or should have been known by the advertiser; for the purposes of this subsection, "substantial repair or body work" shall mean repair or body work having a retail value of $1,000 or more;
• The use of the terms "Public Notice", "Public Sale", "Liquidation", "Liquidation Sale", or terms of similar import, where such sale is not required by court order or by operation of law or by impending cessation of the advertiser's business;
• The use of terms such as "Authorized Sale", "Authorized Distribution Center", "Factory Outlet", "Factory Authorized Sale", or other term(s) which imply that the advertiser has an exclusive or unique relationship with the manufacturer;
• The use, directly or indirectly, of a comparison to the New Jersey used car dealer's cost, inventory price, factory invoice, floor plan balance, tissue, or terms of similar import; or the claim that the advertised price is "wholesale" or "at no profit";
• The use of the terms "guaranteed discount", "guaranteed lowest prices" or other term of similar import unless the advertiser clearly and conspicuously discloses the manner in which the guarantee will be performed and any conditions or limitations controlling such performance; this information shall be disclosed adjacent to the claim and not in a footnote;
• The use of the statement "We will beat your best deal", or similar term or phrase if a New Jersey consumer must produce a New Jersey contract that the New Jersey consumer has signed with another New Jersey car dealer or lessor in order to receive the "better" deal;
• The use of such terms or phrases as "lowest prices", "lower prices than anyone else" or "our lowest prices of the year", or similar terms or phrases if such claim cannot be substantiated by the advertiser.

WHAT INFORMATION MUST A DEMONSTATOR CAR SALE ADVERTISEMENT INCLUDE?
In any New Jersey advertisement offering a "demo" for sale, the following information must be provided:

• The advertiser's business name and business address;
• A statement that "price(s) include(s) all costs to be paid by a New Jersey consumer, except for licensing costs, New Jersey Home Repair Contractor Registration fees, and taxes". If the statement appears as a footnote, it must be set forth in at least 10 point type. Under the New Jersey Consumer Fraud Act automotive regulations, "all costs to be paid by a New Jersey consumer" means manufacturer-installed options, freight, transportation, shipping, New Jersey car dealer preparation, and any other costs to be borne by a New Jersey consumer except licensing costs, New Jersey Home Repair Contractor Registration fees, and taxes;
• The manufacturer's suggested retail price as it appears on the Monroney label, clearly denominated by using the abbreviation "MSRP";
• The year, make, model, and number of engine cylinders of the advertised New Jersey used car;
• Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power or manual; and whether the New Jersey car, New Jersey truck and New Jersey SUV has air conditioning, unless those items are standard equipment on the advertised New Jersey used car. This provision shall not apply to advertisements for motorcycles;
• The last eight digits of the New Jersey car, New Jersey truck and New Jersey SUV identification number, preceded by the letters "VIN". This provision shall not apply to radio and television broadcasts, or to advertisements for motorcycles; and
• A list of any New Jersey car dealer installed options on the advertised New Jersey used car and the retail price of each, as determined by the New Jersey used car dealer.
• Identification as a "demo"; and
• The actual odometer reading as of the date the advertisement is placed for publication.

A New Jersey used car dealer’s failure to provide this information results in a violation of the New Jersey Consumer Fraud Act.

WHAT TYPE OF INFORMATION MUST BE DISCLOSED IN NEW JERSEY USED CAR CREDIT AND NEW JERSEY INSTALLMENT SALE NEW JERSEY CAR, NEW JERSEY TRUCK AND NEW JERSEY SUV ADVERTIESEMENTS?
The following information must be stated in any New Jersey used car credit and New Jersey installment sale advertising and appear adjacent to the description of the advertised New Jersey used car and not in a footnote or headline, unless the information is the same for all New Jersey used cars advertised. If in a footnote, it must be in at least 10-point type.
• The total cost of the New Jersey installment sale, which shall include the down payment or trade-in or rebate, if any, plus the total of the scheduled periodic payments;
• The annual percentage rate;
• The monthly payment figure and the number of required payments; and
• The amount of any down payment or trade-in required or a statement that none is required.

The following New Jersey used car advertising practices concerning credit and New Jersey installment sale advertisements are unlawful:
• The advertising of credit, including but not limited to such terms as "easy credit" or "one-day credit", other than that actually provided by the advertiser on a regular basis in the ordinary course of business;
• The use or statement of an installment payment on any basis other than a monthly basis.

A New Jersey used car dealer’s failure to provide this information results in a violation of the New Jersey Consumer Fraud Act.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY CONSUMER FRAUD VICTIMS?
• Cancellation of New Jersey fraudulent debts.
• New Jersey consumer fraud treble damages for New Jersey ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
• New Jersey attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
• New Jersey consumer fraud refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris. 
 

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