N.J. Admin. Code § 13:45A-26F.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:45A-26F.10 - Application for dispute resolution

(a) The application for dispute resolution shall contain the following:

1. The name, address and telephone number of the consumer and lien-holder, if any;

2. The date the used motor vehicle was purchased by the consumer from the dealer;

3. The number of miles the motor vehicle had been driven prior to the date of purchase;

4. A written account of the events resulting in the dispute, including description(s) of the claimed material defect(s) and a chronology of the repair attempts;

5. Photocopies of the statements of repair given to the consumer by the dealer or the dealer's agent, each time the used motor vehicle was examined or repaired; and

6. Photocopies of the agreement of sale, the written warranty and any other documents related to the dispute.

(b) The application shall also contain a statement to the effect:

1. That the consumer believes that the used motor vehicle's use, value, or safety is substantially impaired by the defect(s) complained of;

2. That the material defect(s) complained of is(are) not the result of abuse, neglect or unauthorized modification or alteration of the used motor vehicle by anyone other than the dealer or its agent;

3. That within the applicable warranty period:

i. The consumer gave the dealer or its agent at least three opportunities to repair the material defect, and the material defect continues to exist; or

ii. The used motor vehicle has been out of service by reason of waiting for the dealer to begin or complete repair of the defective covered item for a cumulative total of 20 or more days since the date of purchase of the used motor vehicle by the consumer, and the material defect continues to exist; and

4. Whether the consumer wishes to participate in:

i. The Division of Consumer Affairs' UCLL dispute resolution program in conjunction with the Office of Administrative Law; or

ii. The Division of Consumer Affairs' alternative dispute resolution procedure.

N.J. Admin. Code § 13:45A-26F.10

Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
Deleted (a)5; and recodified (a)6 and (a)7 as (a)5 and (a)6.