New Jersey Section 2C:21-8 – Misrepresentation of mileage of motor vehicle

Misrepresenting a Vehicle’s Mileage Can Land You in Legal Trouble in New Jersey

Buying or selling a used car in New Jersey? You’ll want to pay close attention to the mileage. Under New Jersey law, specifically Section 2C:21-8, intentionally misrepresenting the mileage on a motor vehicle’s odometer is a disorderly persons offense. This article will break down what the law says, penalties for violating it, and tips for avoiding mileage misrepresentation issues when buying or selling a used vehicle in the Garden State.

What Does the Law Say?

The statute is brief but clear: “A person commits a disorderly persons offense when he sells, exchanges, offers for sale or exchange, or exposes for sale or exchange a used motor vehicle knowing that the mileage registered on the odometer has been altered so as to reflect a lower mileage or fails to disclose that the actual mileage is unknown.”

There’s no wiggle room here – if you know the mileage is inaccurate, or don’t know what the true mileage is, you must disclose that fact. Otherwise, you’re committing a crime.

This law applies not only to private party sales, but also to dealerships and auto auctions. Essentially anyone selling a used vehicle in New Jersey is required to provide accurate odometer disclosures.

What Are the Penalties?

As a disorderly persons offense, misrepresenting mileage is a misdemeanor criminal charge. If convicted, penalties can include:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

Your actual sentence will depend on your criminal history and the specific circumstances of your case. But make no mistake – mileage fraud is treated as a crime, not a minor civil infraction. The consequences can be severe.

In addition to criminal penalties, you may also face civil liability. A buyer who discovers mileage was misrepresented can sue for damages under the New Jersey Consumer Fraud Act. You could be ordered to repay the purchase price, pay additional damages, and cover the buyer’s attorney fees.

How Can Mileage Get Misrepresented?

There are a few common ways odometer fraud occurs:

• Physical tampering – Some sellers or dealers will illegally roll back mechanical odometers to show lower miles. This becomes harder with digital odometers on newer vehicles.
• Disconnecting/resetting – Unscrupulous sellers may disconnect the odometer so it stops accumulating miles, or use tools to electronically reset it to zero.
• Withholding information – Private sellers often claim they don’t know the true mileage if the odometer stopped working. But this still must be disclosed.
• Clerical errors – Dealers may accidentally misreport mileage on paperwork due to typos or mixing up vehicles. This doesn’t relieve them of liability.

Regardless of intent or how it happened, if you sell a vehicle knowing the mileage is misstated, you’re committing a crime in New Jersey.

Protect Yourself When Buying a Used Car

If you’re buying a used vehicle, take steps to verify the mileage and protect yourself:

• Review maintenance records, oil change stickers, and repair invoices to check if miles align with odometer reading
• Ask to see the title documents – look for mileage discrepancies between current and past titles
• Test drive the vehicle – worn parts like seats and suspension components may reveal higher mileage
• Check Carfax or Autocheck vehicle history reports for any red flags
• Use an OBD-II diagnostic scanner tool to read mileage directly from the vehicle computer
• Have a mechanic inspect the vehicle prior to purchase
• Ensure the seller provides proper odometer disclosure paperwork

If you suspect the mileage is inaccurate, walk away from the sale.

Avoid Mileage Misrepresentation When Selling

When selling a used vehicle yourself, you have responsibilities too:

• If the mileage is unknown, disclose that clearly on the title and bill of sale
• Never try to alter or disconnect the odometer to lower the reading
• If the odometer has ever been replaced, note the discrepancy on paperwork
• Account for mileage differences between current and past title documents
• Be upfront about any past odometer issues or malfunctions
• Provide maintenance records and repair invoices to help verify mileage
• Let the buyer test drive the vehicle and have a mechanic inspect it

Honesty is always the best policy. It’s better to sell your vehicle for a lower price than end up with criminal charges.

Consult a Lawyer If Charged with Mileage Fraud

If you are accused of misrepresenting a vehicle’s mileage in New Jersey, immediately retain a criminal defense attorney. An experienced lawyer can help by:

• Evaluating the strength of the prosecution’s case
• Advising you of possible defenses based on the circumstances
• Negotiating with the prosecutor for reduced charges or dismissal
• Helping mitigate penalties if convicted
• Avoiding additional civil liability in a lawsuit

Don’t take chances with your future. The penalties for odometer fraud are no joke. With an attorney’s help, you can minimize the consequences and protect your rights.

Buying or Selling? Disclose Mileage Accurately

Selling a car with misrepresented mileage can land you behind bars in New Jersey. But problems can also arise for buyers if they don’t verify mileage before purchasing. Protect yourself on both ends of the transaction by dealing honestly and scrutinizing mileage statements. If issues do crop up, an attorney can advise you on the best course of action. Above all, follow the law – disclose mileage accurately or acknowledge if it’s unknown. That small act of honesty can help avoid huge headaches down the road.