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Bill > A1531


NJ A1531

NJ A1531
Requires dealership to notify buyers of recalls on used motor vehicles for sale.


summary

Introduced
01/11/2022
In Committee
01/11/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill requires a car dealer to provide information to any potential buyer of a used motor vehicle with outstanding recalls. The bill makes it an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.) for a dealer to sell a used vehicle without first contacting, or accessing information provided by, the vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA) to determine if there are any recalls on the used vehicle which have not been corrected or addressed. In the event that a recall is discovered, the dealer would inform the prospective purchaser about the recall, and whether the recall work for that particular vehicle was resolved, if known, prior to finalizing the sale of the vehicle. Additionally, the bill provides that there is an irrebuttable presumption that a dealer has no knowledge of the existence of a prior recall on a used vehicle if that dealer accessed the NHTSA website and, after the dealer input the specific vehicle identification number (VIN), the website indicated that no open recall existed for that particular vehicle. This provision would not: (1) create any legal duty upon a dealer related to the accuracy, errors, or omissions of the NHTSA website; or (2) require a dealer to provide the prospective purchaser with any recall information that may be added to the NHTSA website, after the dealer prints a copy of the recall information and provides it to the prospective purchaser of the used vehicle. The bill defines a motor vehicle "dealer" as a person who is actively engaged in the business of buying, selling or exchanging new or used motor vehicles at retail. For the purposes of the bill, "at retail" does not include wholesale sales, sales between dealers, and sales to owners or operators of motor vehicle junk businesses or motor vehicle junk yards, or any other persons or entities engaged in the business of dismantling, destroying, or recycling motor vehicles.

AI Summary

This bill requires a car dealer to provide information to any potential buyer of a used motor vehicle about any outstanding recalls on the vehicle. The bill makes it unlawful for a dealer to sell a used vehicle without first checking with the vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA) to determine if there are any unresolved recalls on the vehicle. If a recall is found, the dealer must inform the prospective buyer about the recall and whether it has been addressed, before finalizing the sale. The bill also provides an irrebuttable presumption that the dealer had no knowledge of a prior recall if the dealer checked the NHTSA website and found no open recalls for that vehicle's identification number. This provision does not create any legal duty for the dealer regarding the accuracy of the NHTSA website or require the dealer to provide any additional recall information that may be added to the website after the initial check.

Committee Categories

Business and Industry

Sponsors (10)

Last Action

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/11/2022)

bill text


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