"Used Car Buyers' Bill of Rights"; prohibits certain "as is" sales of used motor vehicles.
What changed between versions
New subsection 3(i) exempts sales of motorcycles (as defined by R.S.39:1-1) and off-road vehicles (as defined by C.39:3C-32) from the contract cancellation option agreement requirement. This narrows the bill's applicability by carving out two vehicle categories that were previously covered.
Section 3(d)(3): The standard for excusing a dealer who inadvertently sold or transferred title to a consumer's trade-in vehicle was changed from requiring both a 'bona fide error' AND 'reasonable procedures to avoid that error' to simply requiring 'reasonable measures to prevent the sale or transfer of title.' This removes the specific 'bona fide error' legal standard and replaces it with a broader reasonableness test.
Section 3(d)(2): The condition triggering the dealer's obligation to return a trade-in vehicle upon cancellation was changed from 'if the consumer was not charged for the contract cancellation option agreement' to 'if a dealer accepts a used motor vehicle in lieu of the fee for the contract cancellation option agreement.' This narrows the circumstance under which the return obligation applies.
Section 3(f): The lookback period for when a dealer is not required to offer a new contract cancellation option was changed from 'the immediately preceding 30 days' to 'the preceding 30 days,' removing the word 'immediately.'
Sections 4 and 10: The disclosure standard for total loss and salvage vehicles sold 'as is' was changed from the consumer having been 'advised in writing' to the information being 'reported to the consumer in writing at or prior to the time of sale.' This shifts the framing from an advisory obligation to a reporting obligation.
Section 2, subsections (4) and (5): Added the word 'and' to read 'after repair and prior to sale' instead of 'after repair prior to sale,' clarifying that both conditions must be satisfied.
Section 10(b): Changed 'over seven or more model years old' to 'over seven model years old,' removing the redundant 'or more.'
The full legislative statement (summary of the bill's provisions) was removed from the end of the document, which is typical when a bill is reported out of committee with amendments.