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Lemon cars sold online now fraud
Wednesday, April 8, 2009
BY MARY FUCHS
NorthJersey.com
STATE HOUSE BUREAU
Lemon cars sold online now count as fraud in New Jersey.
The state Supreme Court unanimously ruled today that a 1970 Corvette convertible advertised in "good condition" on eBay and bought by a Missouri man, was a "textbook" case of the Consumer Fraud Act.
The Montville car dealer, Richard Conklin, "had engaged in unconscionable commercial practices in connection with the advertisement and sale of merchandise," wrote Justice Roberto Rivera-Soto for the court.
The decision overturns a previous ruling by a state appeals court that the law did not apply to Conklin because he was only a "casual seller" of hot rods and historic vehicles.
The ruling expands the act to cover online sales. Lyle Real, who bought the car from Conklin, will now receive the $62,447 settlement initially awarded in the trial.
Mary Fuchs is a reporter for The Star-Ledger. She may be reached at mfuchs@starledger.com
Wednesday, April 8, 2009
BY MARY FUCHS
NorthJersey.com
STATE HOUSE BUREAU
Lemon cars sold online now count as fraud in New Jersey.
The state Supreme Court unanimously ruled today that a 1970 Corvette convertible advertised in "good condition" on eBay and bought by a Missouri man, was a "textbook" case of the Consumer Fraud Act.
The Montville car dealer, Richard Conklin, "had engaged in unconscionable commercial practices in connection with the advertisement and sale of merchandise," wrote Justice Roberto Rivera-Soto for the court.
The decision overturns a previous ruling by a state appeals court that the law did not apply to Conklin because he was only a "casual seller" of hot rods and historic vehicles.
The ruling expands the act to cover online sales. Lyle Real, who bought the car from Conklin, will now receive the $62,447 settlement initially awarded in the trial.
Mary Fuchs is a reporter for The Star-Ledger. She may be reached at mfuchs@starledger.com
