NJ S1198

Dealers must check with the vehicle manufacturer or National Highway Traffic Safety Administration (NHTSA) for outstanding recalls before selling a used motor vehicle, and inform prospective buyers of any unresolved recalls prior to finalizing the sale

Violation of these requirements constitutes an unlawful practice under New Jersey's consumer fraud act (P.L.1960, c.39)

Dealers who check the NHTSA website and receive confirmation of no open recalls for a specific VIN are protected by an irrebuttable presumption of no knowledge of prior recalls

The law applies to retail dealers but excludes wholesale sales, dealer-to-dealer transactions, and sales to junk yards or vehicle recyclers

Takes effect on the first day of the seventh month following enactment