Bill Text: NJ A1091 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires disclosure of water damage prior to household appliance sales.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Consumer Affairs Committee [A1091 Detail]
Download: New_Jersey-2016-A1091-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Rumpf and Assemblywoman Gove
SYNOPSIS
Requires disclosure of water damage prior to household appliance sales.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning disclosure of water damage prior to certain appliance sales and supplementing chapter 30A of Title 46 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except for casual sales, as defined under section 1 of P.L.1973, c.145 (C.46:30A-2), no person shall sell a household appliance with a value of greater than $250 if the person knows, or should reasonably know, that the household appliance incurred damage caused by water, whether that damage occurred while that person had possession of the appliance or prior to the person possessing it, without disclosing that damage in writing prior to the sale to the buyer or other person who would assume possession of the appliance.
b. A person who violates subsection a. of this section shall be fined $2,500, which shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. Any person who shall be injured by reason of a violation of the provisions of this act may bring a civil action and shall recover threefold the damages sustained thereby, together with reasonable attorneys' fees, filing fees, and reasonable costs of suit. Reasonable costs of suit may include, but shall not be limited to, the expenses of discovery and document reproduction.
d. As used in this section, "sell" shall include any sale, rental or distribution, offer for sale, rental or distribution or attempt directly or indirectly to sell, rent or distribute.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill requires a person to disclose if a household appliance with a value of greater than $250 has been damaged by water prior to its sale. Under the bill, a person wishing to sell an appliance worth more than $250 is required to disclose in writing if the person knows, or should reasonably know, if the household appliance incurred water damage prior to its sale. The disclosure would be required even if the damage occurred prior to when the person took possession of the appliance. Casual sales are excluded from the bill's provisions.
Violations of the bill's provisions would be punishable by a fine of $2,500. In addition, any person injured by a violation may sue for treble damages.
