New Jersey § 52:27d-347

§ 52:27d-347.

a. A provider or person acting on behalf of the provider is liable to the person who

contracts for the continuing care for damages, including repayment of all fees paid

to the provider, facility or person who violates this act plus interest thereon at

the legal rate, court costs and reasonable attorney's fees, if the provider or person

acting on behalf of the provider: (1) Enters into a contract for continuing care at a facility which does not have a

certificate of authority issued pursuant to this act; (2) Enters into a contract for continuing care at a facility without having first

delivered a disclosure statement to a person contracting for continuing care pursuant

to this act; or (3) Enters into a contract for continuing care at a facility with a person who has

relied on a disclosure statement which omits a material fact required to be stated

therein pursuant to this act. The reasonable value of care and lodging provided to the resident by or on whose behalf

the contract for continuing care was entered into prior to discovery of the violation,

misstatement or omission or the time the violation, misstatement or omission should

reasonably have been discovered shall be deducted from the amount of repayment due

the person. b. A provider is liable under this section whether or not the provider has actual

knowledge of the violation, misstatement or omission. A person acting on behalf of the provider is liable under this section only if the

person has actual knowledge of the violation, misstatement or omission. c. A person may not file or maintain an action under this section if before filing

the action, the person received an offer to refund all amounts paid to the provider,

facility or person violating this act plus interest from the date of payment, less

the reasonable value of care and lodging provided prior to receipt of the offer, and

the person failed to accept the offer within 30 days of its receipt. At the time a provider makes a written offer of rescission, the provider shall file

a copy with the commissioner and obtain the approval of the commissioner for the offer. The offer shall be written in clear and understandable language and shall explain

the limitation on court action provided pursuant to this subsection. Subject to the provisions of this subsection, nothing in this act shall prohibit

any person from seeking injunctive or other relief from the provider in a court of

law or equity in this State. d. A person shall not institute an action to enforce a liability created under this

act more than six years after the violation is discovered or could have been discovered

in the exercise of due diligence. e. Except as expressly provided in this act, civil liability in favor of a private

party shall not arise against a person by implication from or as a result of the violation

of this act or an order issued pursuant to this act. This act shall not limit a liability which may exist by virtue of any other law

if this act were not in effect.