This page provides the language of the New Jersey Automotive Sales Practices Regulations – New Jersey regulations regulating the sale of vehicles.
The following words and terms, when used in this subchapter, shall have the following meanings unless the context indicates otherwise.
“Automotive dealer” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in the sale of motor vehicles at retail or who in the course of any 12 month period offers more than 3 motor vehicles for sale, lease, or rental, or who is engaged in the brokerage of motor vehicles whether for sale, lease, or rental;
“Documentary service” means, but is not limited to, the preparation and processing of documents in connection with the transfer of license plates, registration, or title, and the preparation and processing of other documents relating to the sale or lease of a motor vehicle.
“Documentary service fee” means any monies or other thing of value, which an automotive dealer accepts from a consumer in exchange for a documentary service.
“Pre-delivery service” means, but is not limited to, items that are often described or labeled as dealer preparation, vehicle preparation, pre-delivery handling and delivery, or any other service of similar import.
“Pre-delivery service fee” means any monies or other thing of value, which an automotive dealer accepts from a consumer in exchange for the performance of a pre-delivery service upon a motor vehicle. “
Sales document” means the first document which an automotive dealer utilizes to evidence an order for, deposit towards, or contract for the purchase of a motor vehicle by a consumer, and includes but is not limited to, retail orders, sales invoices, sales contracts, retail installment contracts, and other documents of similar import.
13:45A-26B.2 PRE-DELIVERY SERVICE FEES
a) In connection with the sale of a motor vehicle, which includes the assessment of a predelivery service fee, automotive dealers shall not:
1) Accept, charge, or obtain from a consumer monies, or any other thing of value, in exchange for the performance of any pre-delivery service for which the automotive dealer receives payment, credit, or other value from any person or entity other than a retail purchaser of the motor vehicle; or
2) Accept, charge, or obtain from a 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, in at least 10-point type, on the sales document the price for each specific pre-delivery service.
13:45A-26B.3 DOCUMENTARY SERVICE FEE
a) In connection with the sale of a motor vehicle, which includes the assessment of a documentary service fee, automotive dealers shall not:
1) Represent to a consumer that a governmental entity requires the automotive dealer to perform any documentary service; or
2) Accept, charge, or obtain from a 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, in at least 10-point type, on the sale document the price for each specific documentary service.
Without limiting the prosecution of any other practices, which may be unlawful under the
Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violations of this subchapter shall comprise a
violation of the Consumer Fraud Act.
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