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In essence, a completed transaction is not necessarily required to maintain a cause of action under the New Jersey Consumer Fraud Act. The defendant’s assertion that there was no “purchase” of goods (not accurate based on the plaintiff’s submissions) is insufficient to support a claim for dismissal on summary judgment.

A completed sale is not required. The definitions section of the New Jersey Consumer Fraud Act defines a sale as an offer for sale or an attempt directly or indirectly to sell, rent or distribute. Consistent with this, it defines an advertisement as an attempt to directly or indirectly by publication or otherwise… to induce directly or indirectly any person to enter into an obligation. An interpretation of the New Jersey Consumer Fraud Act in the definitions sections to exempt offer for sales or advertisement from the New Jersey Consumer Fraud Act cannot be deemed consistent with the remedial purposes of the act.

See Miller v. Publishers Clearing House Miller v. Publishers Clearing House 284 N.J.Super. 67 (App.Div 1995) There are specific cases which address the applicability of the consumer fraud act to those who have sold no goods to the plaintiff. See Cogar v. Monmouth Toyota 331 N.J. Super 1997 (App. Div. 2000). See Perth Amboy Iron Works v. American Home Assurance Co. 226 N.J. Super 200, 211 (App. Div. 1988), aff’d, 118 N.J. 249 (1990). In both of these cases, the Appellate Division held the Consumer Fraud Act applicable to individuals and/or businesses who sold no goods to the plaintiff.

Another area that is ripe for litigation is breach of warranty law. Warranties commonly come with almost every single, consumer product that is sold. However these warranties are usually contained in small booklets all writing. Nonetheless for significant consumer purchases you should read the entire warranty. As an example on an expensive TV, receiver, stereo component or computer you should read the warranty to determine your rights if there is an issue. Also an arbitration agreement by be included.

It is imperative that you follow the terms and conditions of the warranty. Many times there is a specific person must be notified in writing by regular and certified mail. First you need to follow the terms, then you need to document your communication, then you needed to document the response from the manufacturer or supplier.

Ultimately, when, and if you have to make a litigation claim against them you will have all of your ducks in a row.

Arbitration agreements have become a commonplace occurrence in everyday American life. There are arbitration agreements and no most every agreement you sign. When you buy a car there’s an arbitration agreement when you buy an oven there is an arbitration agreement when you buy a vacuum there’s an arbitration agreement.

There has been attempt at the federal level to remove these arbitration agreements from consumer agreements, however to date that effort has been unsuccessful. What this means for the average customer is that you need to read your paperwork when you buy these consumer goods. You need to potentially cross out refused to agree to these arbitration agreements one before you take the product place in your car and go home.

It is imperative that you ask questions whether or not there’s an arbitration agreement and you must read all of your documentation to see if there’s an arbitration agreement. Because, ultimately if you do have a dispute you want to sue the manufacturer, you want to sue the store you’re going to be barred from suing them in Superior Court.

The news is reporting that charges have been brought regrading the selling of flood damages cars form super storm sandy.

The main operator appears to have persons working with him at the MVC to assist him in his scheme

Prosecutors say the dealership acquired eight vehicles at auction that sustained flood damage during Sandy and that were auctioned by an insurance company “for parts only,” but that the defendants allegedly had fraudulent “clean” titles issued for the vehicles and sold seven of them to customers who were unaware of the flood damage.

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