Bill Text: NJ A931 | 2014-2015 | Regular Session | Amended
Bill Title: Requires disclosure of water damage prior to household appliance sales.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-02-20 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A931 Detail]
Download: New_Jersey-2014-A931-Amended.html
ASSEMBLY, No. 931
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Rumpf, Assemblywoman Gove and Assemblyman Cryan
SYNOPSIS
Requires disclosure of water damage prior to household appliance sales.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on February 20, 2014, with amendments.
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. 1[No] Except for casual sales, as defined under section 1 of P.L.1973, c.145 (C.46:30A-2), no1 person shall sell 1[or transfer]1 a household appliance with a value of greater than $250 1[that he knows has] if the person knows, or should reasonably know, that the household appliance1 incurred damage caused by water, whether that damage occurred while that person had possession of the appliance or prior to 1[his possession] the person possessing it1, without disclosing that damage in writing 1prior to the sale1 to the buyer or other person who would assume possession of the appliance 1[, prior to such sale or transfer]1.
b. A person who violates subsection a. of this section shall be fined $2,500 1,1 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 1a1 civil action and shall recover threefold the damages sustained 1[by him] thereby1, 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.
1d. 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.1
2. This act shall take effect on the first day of the fourth month following enactment.