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

---

[First Reprint]

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.