Bill Text: NJ A4011 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires disclosure of water damage prior to household appliance sales.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-04 - Introduced, Referred to Assembly Consumer Affairs Committee [A4011 Detail]
Download: New_Jersey-2012-A4011-Introduced.html
Sponsored by:
Assemblyman CHRIS A. BROWN
District 2 (Atlantic)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman SEAN CONNORS
District 33 (Hudson)
Co-Sponsored by:
Assemblyman Rumpf, Assemblywoman Gove, Assemblymen Cryan and Amodeo
SYNOPSIS
Requires disclosure of water damage prior to household appliance sales.
CURRENT VERSION OF TEXT
As introduced.
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. No person shall sell or transfer a household appliance with a value of greater than $250 that he knows has incurred damage caused by water, whether that damage occurred while that person had possession of the appliance or prior to his possession, without disclosing that damage in writing to the buyer or other person who would assume possession of the appliance, prior to such sale or transfer.
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 civil action and shall recover threefold the damages sustained by him, 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.
2. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill would require a person to disclose if a household appliance with a value of greater than $250 has been damaged by water prior to its sale or exchange. Under the bill, a person wishing to sell or transfer an appliance worth more than $250 that he knows has incurred damage caused by water is required to disclose that damage in writing prior to the appliance's sale or transfer. The disclosure would be required even if the damage occurred prior to when the person took possession of the appliance.
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.
