STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
SYNOPSIS
Prohibits purchaser of used motor vehicle from waiving dealer's obligation regarding emissions control equipment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of certain used vehicles and amending P.L.1971, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1971, c.76 (C.39:10-29) is amended to read as follows:
4. Any agreement of retail sale may contain a provision whereby the purchaser waives the dealer's obligation under section 2 of this act; provided, however, any such waiver must be separately stated in the agreement of retail sale and separately signed by the purchaser ,and further provided that such a waiver shall not apply to the retail sale of a motor vehicle to the extent that the defect in the motor vehicle that would prevent the issuance of a certificate of approval for the motor vehicle pursuant to R.S.39:8-2 and R.S.39:8-3 is a defect in the emissions control apparatus or related items in the motor vehicle.
The signing of such a waiver by the purchaser shall also serve to eliminate any criminal responsibility placed upon any motor vehicle dealer by this act.
(cf: P.L.1971, c. 76, s. 4)
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
Under current law, motor vehicle dealers who sell used passenger motor vehicles at retail are required to make any repairs necessary to correct any defect which causes a vehicle to fail inspection unless the purchaser signs a waiver releasing the dealer from that obligation.
This bill prohibits such a waiver if the defect which would prevent the issuance of a certificate of approval upon inspection is a defect in the emission control apparatus or related items in the motor vehicle. Since a waiver is prohibited, if a vehicle were sold with such a defect, the seller would be required to make all the necessary repairs, without charge, or return the full purchase price to the purchaser; provided that the defect is not the result of the purchaser's own act.