Case Overview
A used-car dealer concealed accident history and frame damage during sale. After discovery of repair history during an independent inspection, the buyer sued under the New Jersey Consumer Fraud Act (CFA, N.J.S.A. 56:8-1 et seq.).
Legal Issues
CFA elements: (1) an unlawful practice by the seller, including intentional concealment and misrepresentation; (2) ascertainable loss; and (3) a causal nexus. On success, the statute mandates treble damages, reasonable attorney’s fees, and costs (N.J.S.A. 56:8-19).
Song Law Firm’s Strategy
- Compared Carfax and AutoCheck history to the dealer’s disclosure — establishing clear concealment
- Obtained the dealer’s internal inspection sheet in discovery, pinpointing when the dealer knew of the frame damage
- Defeated the “as-is” clause — NJ CFA cannot be contracted around (Cox v. Sears Roebuck)
- Quantified ascertainable loss: repair costs + diminished value + rental during repair
Outcome
Won at bench trial. Actual damages were awarded, trebled automatically under §56:8-19, plus full attorney’s fees and costs. The judgment was referenced in the dealer’s subsequent license-renewal review.
Practice Takeaways
- NJ CFA carries automatic treble damages and attorney’s fees — making even small claims worth litigating
- “As-is” language does not shield sellers from CFA liability (Cox, Perth Amboy)
- Comparing Carfax history to dealer disclosure is a decisive concealment exhibit
This case is an illustrative composite reconstructed from anonymized facts across multiple matters. Individual outcomes depend on facts and applicable jurisdiction; please consult a qualified attorney. NJ RPC 7.1. Prior results do not guarantee similar outcomes.
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