New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES
Section 13:45A-26A.4 - Bait and switch
Universal Citation: NJ Admin Code 13:45A-26A.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following motor vehicle advertising practices constitute "bait and switch" and are prohibited and unlawful:
1. The
advertisement of a motor vehicle as part of a plan or scheme not to sell or
lease it or not to sell or lease it at the advertised price.
2. Without limiting other means of proof, the
following shall be prima facie evidence of a plan or scheme not to sell or
lease a motor vehicle as advertised or not to sell or lease it at the
advertised price:
i. Refusal to show, display,
sell, or lease the advertised motor vehicle in accordance with the terms of the
advertisement, unless the vehicle has been actually sold or leased during the
period of publication; in that case, the advertiser shall retain records of
that sale or lease for 180 days following the date of the transaction, and
shall make them available for inspection by the Division of Consumer
Affairs.
ii. Accepting a deposit
for an advertised motor vehicle, then switching the purchaser to a
higher-priced motor vehicle, except when the purchaser has initiated the switch
as evidenced by a writing to that effect signed by the purchaser.
iii. The failure to make delivery of an
advertised motor vehicle, then switching the purchaser to a higher-priced motor
vehicle; except when the purchaser has initiated the switch as evidenced by a
writing to that effect signed by the purchaser.
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