Vincentown, NJ asked in Consumer Law for New Jersey

Q: I purchased a car a week ago and just found out from my insurance company it is a Salvage Title vehicle.

When I was at the dealership the salesman said he was working on getting the CarFax. Said he had it, but they gave him the wrong one and they were working on it. I also asked the financial person doing the paperwork and he said they were working on it. I never received one.

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1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Brooklyn, NY
  • Licensed in New Jersey

A: You need to retain a civil litigation attorney and file suit under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2, consumer fraud is defined broadly as “any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation . . . ” in connection with the sale of goods, services or real estate. Prohibited conduct can take a variety of forms, including knowing omissions, affirmative misrepresentations, and certain statutory violations. Successful CFA plaintiffs are entitled to treble damages and payment of their attorney’s fees. New Jersey enacted the CFA “to protect the consumer against imposition and loss as a result of fraud and fraudulent practices by persons engaged in the sale of goods and services. However, the CFA defines a “person” as including “any natural person or his legal representative, partnership, corporation, company, trust, business entity or association. Thus, New Jersey courts have held that under this broad definition of “person” a corporation may maintain an action for a violation of the CFA. This has led courts outside of New Jersey to declare that New Jersey’s CFA is designed to protect “commercial entities as well as traditional consumers from fraudulent or deceptive practices.

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