New Jersey § 39:10-19

§ 39:10-19.

No person shall engage in the business of buying, selling or dealing in motor vehicles

in this State, nor shall a person engage in activity that would qualify the person

as a leasing dealer, as defined in section 2 of P.L.1994, c. 190 ( C.56:12-61 ), unless: a. the person is a licensed real estate broker acting as an agent or broker

in the sale of mobile homes without their own motor power other than recreation vehicles

as defined in section 3 of P.L.1990, c. 103 ( C.39:3-10.11 ), or manufactured homes as defined in section 3 of P.L.1983, c. 400 ( C.54:4-1.4 ); or b. the person is authorized to do so under the provisions of this chapter and

P.L.1985, c. 361 ( C.56:10-26 et seq. ). The chief administrator may, upon application in such form as the chief administrator

prescribes, license any proper person as a new motor vehicle dealer, used motor vehicle dealer or , a leasing dealer. A licensed real estate broker shall be entitled to act as an agent or broker in

the sale of a mobile or manufactured home as defined in subsection a. of this section

without obtaining a license from the chief administrator. For the purposes of this chapter, a “ licensed real estate broker ” means a real estate broker licensed by the New Jersey Real Estate Commission pursuant

to the provisions of chapter 15 of Title 45 of the Revised Statutes. Any sale or transfer of a mobile or manufactured home, in which a licensed real

estate broker acts as a broker or agent pursuant to this section, which sale or transfer

is subject to any other requirements of R.S.39:10-1 et seq. , shall comply with all of those requirements. No person who has been convicted of a crime, arising out of fraud or misrepresentation

in the sale, leasing or financing of a motor vehicle, shall be eligible to receive

a license. For the purposes of this section, each applicant for a license shall submit to the

chief administrator the applicant's name, address, fingerprints, and written consent

for a criminal history record background check to be performed. The chief administrator is hereby authorized to exchange fingerprint data with and

receive criminal history record information from the State Bureau of Identification

in the Division of State Police and the Federal Bureau of Investigation consistent

with applicable State and federal laws, rules, and regulations, for purposes of facilitating

determinations concerning licensure eligibility. The applicant shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check. The Division of State Police shall promptly notify the chief administrator in the

event a current holder of a license or prospective applicant, who was the subject

of a criminal history record background check pursuant to this section, is arrested

for a crime or offense in this State after the date the background check was performed. Each applicant for a new motor vehicle dealer license shall at the time such license is issued have established and maintained,

or by that application shall agree to establish and maintain, within 90 days after

the issuance thereof, a place of business consisting of a permanent building not less

than 1,000 square feet in floor space located in the State of New Jersey to be used

principally for the servicing and display of motor vehicles with such equipment installed

therein as shall be requisite for the servicing of motor vehicles in such manner as

to make them comply with the laws of this State and with any rules and regulations

made by the board governing the equipment, use, and operation of motor vehicles within

the State. However, a leasing dealer, who is not engaged in the business of buying, selling,

or dealing in motor vehicles in the State, shall not be required to maintain a place

of business with floor space available for the servicing or display of motor vehicles

or to have an exterior sign at the lessor's place of business. Any person who possesses a used motor vehicle dealer license at the time of enactment

of P.L.2021, c. 484 shall maintain an established place of business consisting of a minimum office space

of 72 square feet within a permanent, enclosed building located in the State of New

Jersey, in addition to complying with all other applicable regulations prescribed

by the chief administrator. Each applicant for a used motor vehicle dealer license, or any licensee who relocates

its place of business on or after the effective date of P.L.2021, c. 484, 1 shall meet the requirements for an established place of business for a used motor

vehicle dealer, which shall be established by the chief administrator by regulation

adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). An established place of business of a new motor vehicle dealer or a used motor vehicle

dealer shall display an exterior sign permanently affixed to the land or building,

which sign is consistent with local ordinances and has letters easily readable from

the major avenues of traffic. The sign shall include the dealer name or trade name, provided such trade name has

been previously disclosed to the chief administrator. A license fee of $200 shall be paid by an applicant upon the applicant's initial application

for a license. The chief administrator may renew an applicant's license upon application for renewal

on a form prescribed by the chief administrator and accompanied by a renewal fee of

$200. Every license shall expire 24 months from the date on which it is issued. The chief administrator may, at the chief administrator's discretion and for good

cause shown, extend an applicant's license for an additional period not to exceed

12 months from the date on which it is scheduled to expire. The chief administrator may, at the chief administrator's discretion and for good

cause shown, issue a license which shall expire on a date fixed by the chief administrator. The fee for licenses with an expiration date fixed by the chief administrator shall

be fixed by the chief administrator in an amount proportionately less or greater than

the fee established herein. For the purposes of this section, a leasing dealer or an assignee of a leasing dealer

whose leasing activities are limited to buying motor vehicles for the purpose of leasing

them and selling motor vehicles at the termination of a lease to the lessee shall not be deemed to be engaged in the business of buying, selling, or dealing

in motor vehicles in this State. Provided however, that a leasing dealer who wishes to engage in the business of buying,

selling, or dealing in motor vehicles in this State by selling any vehicle at the

end of the lease term to a consumer other than the lessee, shall be required to obtain

a used car dealer license pursuant to this section. 1

L.2021, c. 484, eff. Jan. 18, 2022.