Bill Text: NJ A3836 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires certain disclosures under motor vehicle lease.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-09 - Introduced, Referred to Assembly Consumer Affairs Committee [A3836 Detail]
Download: New_Jersey-2022-A3836-Introduced.html
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires certain disclosures under motor vehicle lease.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle leases and amending P.L.1994, c.190.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1994, c.190 (C.56:12-62) is amended to read as follows:
3. Every lease:
a. Shall be in writing and contain all of the terms and conditions of the lease agreement between the lessor and the lessee and shall be signed by the lessor and lessee;
b. Shall state the names and addresses of all parties, and the phone number of the leasing dealer. If the dealer knows the identity of the party to whom the leasing dealer intends to assign the lease, the dealer shall include in the lease the name, address and telephone number of the assignee. If the leasing dealer does not include the name, address and telephone number of the assignee in the lease, the dealer or the assignee shall, promptly upon assignment, mail or personally deliver to the lessee the name, address and telephone number of the assignee;
c. Shall state the dates when the lease is executed by the parties;
d. Shall identify the lease with the term "lease" in 14-point bold type and shall be in a style and format to be determined by the director by regulation;
e. Shall be completed in full without any blank spaces to be filled in after the lease is signed by the lessee;
f. Shall specify the periodic basis or intervals when the lease payments shall be payable;
g. Shall provide the following information concerning the conditions of the lease with all price amounts in 14-point bold type in a style and format determined by the director by regulation:
(1) Whether or not the lessee has the option to purchase the motor vehicle at the end of the lease term, and if so, either:
(a) the purchase option price, or
(b) the method for ascertaining
the purchase option price. If the lease includes a method for determining the
purchase option price, and that method is based upon an amount set forth in a
publication, the identity of the publication and the classification contained
within the publication to be used, shall be included. If the publication
ceases to exist, the lessor shall immediately notify the lessee of that fact
and inform the lessee of the identity of the comparable publication which will
be utilized to ascertain the purchase option price. If a method for
ascertaining the purchase
option price not set forth in a publication is included in the lease, the lease shall set forth a good faith estimate of the amount, using that method;
(2) The total amount of all payments required at the inception of the lease term, including any refundable security deposit, any trade-in allowance and any nonrefundable payment such as a down payment or capitalized cost reduction, required at the beginning of the lease, or a statement that no payment is required at the beginning of the lease;
(3) The number of periodic payments to be paid during the term of the lease and the amount of each payment;
(4) A description of the standards to be used by the lessor in determining excessive wear or damage, and any liability the lease imposes upon the lessee at the end of the term of the lease, including any liability which may be imposed upon the lessee because of excessive wear or damage of the motor vehicle and any disposition costs imposed upon the lessee;
(5) (a) If the lease contains a purchase option, the total cost of the lease, assuming there is no default and that the lessee exercises the purchase option at the end of the term of the lease, which shall be the sum of: (i) the total amount of all payments required at the beginning of the lease; (ii) the total amount to be paid in periodic payments during the term of the lease; (iii) the amount of any liability the lease imposes upon the lessee at the end of the term of the lease; and (iv) the purchase option price.
(b) If the lease does not contain a purchase option or if the purchase option price is not set forth in the lease, the total fixed cost of the lease, which shall be the sum of (i), (ii) and (iii) of subparagraph (a) of this paragraph.
(c) For purposes of calculating the total cost of the lease under subparagraph (a) of this paragraph or the total fixed cost of the lease under subparagraph (b) of this paragraph, the amount of the refundable security deposit and insurance shall be excluded;
(6) The formula which shall be used by the lessor to calculate the total liability of the lessee if the lease is terminated by the lessee;
(7) The residual value of the vehicle;
(8) The total number of miles or the number of miles per month or year which the vehicle may be driven without additional charge as permitted under the terms of the lease, and the charge per mile for the miles driven in excess of that permissible mileage;
(9) The liability of the lessee in the event the motor vehicle is damaged, stolen or otherwise lost. In the event the motor vehicle is damaged, stolen or lost and is deemed a total loss by the insurance company, and the lease contains a provision whereby the difference between the insurance proceeds and the amount due under the terms of the lease shall be waived if the lessor receives the insurance proceeds and if the lessee has otherwise complied with all other promises contained in the lease (including, where applicable, the requirement that the lessee pay the deductible under any insurance coverage), the lease shall disclose that the lessee shall have no further liability. Otherwise, the lease shall disclose the option on the part of the lessee to purchase from the lessor or from a third party, either insurance or damage waivers, if available, to indemnify him for the difference between the insurance proceeds and the amount due under the terms of the lease;
(10) The gross capitalized cost of the vehicle, the capitalized cost reduction and the adjusted capitalized cost when the cost of the vehicle for the purpose of calculating the gross capitalized cost exceeds the manufacturer's suggested retail price;
(11) The total amount of all payments or fees that may apply at the end of the term of the lease; and
h. Shall provide the following information concerning the motor vehicle to be leased:
(1) If the odometer reads in excess of 1,000 miles, an explanation of the prior use of the motor vehicle using the following terms, as applicable: personal, family or household, demonstrator, livery, daily rental, police, prior wreckage, unknown; provided that the lessor may insert "unknown" only if the lessor does not know the prior use of the motor vehicle;
(2) The odometer reading at the beginning of the lease term;
(3) The make, model, and year;
(4) The number of engine cylinders;
(5) Whether the transmission is automatic or manual;
(6) Whether the brakes and steering mechanism are power assisted or manual;
(7) Whether or not the vehicle is air conditioned;
(8) The vehicle identification number of the vehicle; and
(9) If the vehicle is required to have a Monroney label, the manufacturer's suggested retail price as set forth on the Monroney label.
(cf: P.L.1994, c.190, s.3)
2. Section 4 of P.L.1994, c.190 (C.56:12-63) is amended to read as follows:
4. a. In addition to a copy of the lease, every lessee shall be provided with a one-page document summarizing the following information:
(1) the total down payment required at the inception of the lease term;
(2) the amount of each periodic payment to be paid during the term of the lease;
(3) the mileage limit under the lease agreement;
(4) the termination fee and any fees resulting from an early termination of the lease agreement; and
(5) the total amount of all payments or fees that may apply at the end of the term of the lease, including any liability which may be imposed upon the lessee because of excessive wear or damage of the motor vehicle.
b. The disclosures required by subsections g. and h. of section 3 of this act may be made in the lease or in an addendum to the lease. If the required disclosures are made in an addendum to the lease, the addendum shall refer to the lease, and shall be separately signed by the lessee prior to signing the lease.
(cf: P.L.1994, c.190, s.4)
3. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill clarifies that a motor vehicle lease agreement is to include an additional disclosure clearly identifying all fees that may apply at the end of a lease agreement.
Under current law, every lease is required to disclose the conditions of the lease. For example, the lease is to disclose whether or not the lessee has the option to purchase the motor vehicle at the end of the lease term, the total amount of all payments required at the inception of the lease term, and the number of periodic payments to be paid during the term of the lease and the amount of each payment.
This bill clarifies that, in addition to all current disclosures, the lease agreement is required to clearly identify all fees that may apply at the end of the lease agreement. This bill also requires that all price amounts that are required to be disclosed in the lease agreement be written in 14-point bold type.
The bill also requires that, in addition to the lease document, every lessee is to be provided with a one-page summary which includes the following information: (1) the total down payment required at the inception of the lease term; (2) the amount of each periodic payment to be paid during the term of the lease; (3) the mileage limit under the lease agreement; (4) the termination fee and any fees resulting from an early termination of the lease agreement; and (5) the total amount of all payments or fees that may apply at the end of the term of the lease including any liability which may be imposed upon the lessee because of excessive wear or damage of the motor vehicle.
