Used car purchasers can be defrauded in many ways. There are several types of claims to understand.
1. Auto Fraud
The New Jersey Consumer Fraud Act prohibits deception, fraud, and false statements. Documentation is helpful for dealers readily deny misrepresentation.
2. Breach of Warranty
Express warranties are based on the failure to repair the car within the time period promised. Claims may be filed against the warranty company and dealer, who sometimes blame each other. The amount may help determine whether a lawyer is needed or the case is one for small claims court. It is helpful to get an estimate and breakdown of the problem and have the warranty papers available.
3. False Advertising and Bait and Switch
New Jersey has regulations which govern automobile advertising. See http://www.lemonlawclaims.com/new-jersey-consumer-fraud-act-regulations-
Claims are easier when a specific regulation has been violated.
New Jersey Automobile Regulations
N.J.A.C. 13:45A-26A.6 details the disclosure requirements for advertising new and used motor vehicles for lease. In all written advertisements the information required by the rule must be in at least 10 point type and easy to read and understand. There are size and readability specifications if the advertiser elects to use a full disclosure format in a written advertisement. The section also details requirements for an advertisement that is not in writing, sets forth requirements for a required toll free number, and describes the information that must be provided through the toll free number. It is an unlawful practice to omit the information required by the rule.
N.J.A.C. 13:45A-26A.7 describes advertising practices that are unlawful. N.J.A.C. 13:45A-26A.8 concerns credit and installment sale advertising of motor vehicles, detailing the information required to be included and describing the practices that are unlawful. N.J.A.C. 13:45A-26A.9 outlines the dealer’s on-site disclosure requirements and details what and where information relating to an advertised motor vehicle must be provided. Dealers are barred from advertising a new motor vehicle that does not have the Monroney label, if required by the Automobile Information Disclosure Act, 15 U.S.C. § § 1231 through 1233. It is an unlawful practice to fail to comply with the disclosures required by the rule.
N.J.A.C. 13:45A-26A.10 requires that an advertised vehicle must be available on premises or there must be a record of its sale during the period of publication. If a motor vehicle is sold or leased during the period of publication, the advertiser must so notify consumers who inquire by telephone. It is an unlawful practice to fail to comply with the rule.
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