New Jersey Lemon Law Lawyer Blog
There is a great web site that has created feed to all the recent recalls. Every manufacturer is included and this is a great resource. Go to site
You should keep this site bookmarked to check your new car purchase.
New Jersey Lemon Law and Vehicle Repurchases
New Jersey has a list of all the cars that have been repurchased under the lemon law. The Manufacturer is required to brand the title as a lemon so any subsequent purchaser is on notice. The list is extensive.
Consumer Fraud Act: Deceptive Practices
The New Jersey Consumer Fraud Act is very powerful legislation. The Consumer Fraud Act as written prohibits deceptive practices in the selling of goods and services. The Consumer Fraud Act jury instructions specifically define deceptive practices as the following:
An “unconscionable commercial practice” is an activity in the public marketplace which is basically unfair or unjust and/or which materially departs from standards of good faith, honesty in fact and fair dealing. To find a commercial practice to be unconscionable, there should be factual dishonesty and a lack of fair dealing
There is a very good case in New Jersey to illustrate a deceptive practice.
Toyota Tacomas and Rust. Part II
My Prior post refers to a warranty on extension on Tacomas for rust. Now they have issued a buy back and will pay 150% for all current owners of the Tacoma.
This seems a logical follow-up to their earlier extension of the warranty to 15 years. What will Toyota do if you already scrapped your truck? What about if you are out-of-pocket for repairs?
I guess the real question is: why is this almost 13 years after the truck was first distributed? Is this real costumer service?
Toyota Tacoma and Rust. Part 1
What is going on with the Toyota Tacomas? Rust ?
There appears to be a long history of rust in these vehicles, for which Toyota has been aware. It appears that in March there was an extension of warranty coverage for these trucks for up to 15 years..
Do we think that is a generous olive branch form the manufacturer? Well, let’s take a closer look. It appears that the trucks that were having the problem were manufactured in 1995 to 2000. The “warranty extension” was offered in 2008. I guess Toyota has decided that “better late than never” is a good way to conduct business and keep the customers happy. Let’s say for argument purposes only (I did not know this) that Toyota knew about the problem in 1998, three years after the cars were in production. Well, what’s the problem, why did they wait so long?
Automotive News Web Site
If you want to follow the automotive industry and all the goings on you should visit this site
Consumer Fraud. Let the seller beware!!!
There is a phrase in Latin that means let the buyer beware, Caveat Emptor. New Jersey has abandoned this principle as it pertains to the Consumer Fraud Act. New Jersey, through the Consumer Fraud Act, has adopted a more ethical approach to sales. It is now the law that a person has the right to rely on representations made by another when dealing with that other person. The Consumer Fraud Act jury instructions specifically hold this to be true. 4.43 Consumer Fraud Act
The seller now has the responsibility to make sure that the representations as to their product are accurate and if they are wrong it is the responsibility of the seller of the goods.
Legal Technology – Site of the Week
There is a great legal technology site. It is a blog and it is fantastic and very useful to lawyers and non-lawyers alike.
BLOG
I read this blog on a regular basis and frequently use the information.
New Jersey Consumer Fraud Act: Attorney Fees?
If you successfully litigate a case under the Consumer Fraud Act you are entitled to an award of attorney fees that has to be approved by the court. You submit a certification to the court of the amount of hours and the hourly rate, also known as a loadstar amount. The court is required to provide an in-depth analysis as to why the rate is proper and the hours reasonable.
My web site has some good information.
New Jersey Consumer Fraud Act: Triple Damages?
Triple damages are mandatory. That means if there is a verdict for any ascertainable loss the amount is tripled by the court without discretion and automatically. You must prove a loss or what is commonly known as an ascertainable loss. This amount is tripled.
My web site has some good information.