L.1994,c.190,s.1.
56:12-61 Definitions
2.As
used in sections 1 through 8 and sections 11 through 14 of this act:"Adjusted capitalized cost" means the
agreed upon amount which serves as the basis for determining the periodic lease
payment and a portion of the lessee's early termination liability, computed by
subtracting from the gross capitalized cost any capitalized cost reduction."Business day" means every day other
than a Saturday, a Sunday, or a day on which State-chartered banks in New Jersey
are required to be closed."Capitalized cost reduction" means any
payment made by cash, check, rebates or similar means that are in the nature of
down payments made by the lessee and any net trade-in allowance granted by the
lessor at the inception of the lease for the purpose of reducing the gross
capitalized cost but does not include any periodic lease payments due at the
inception of the lease or all of the periodic lease payments if they are paid at
the inception of the lease."Director" means the Director of the
Division of Consumer Affairs in the Department of Law and Public Safety."Division" means the Division of
Consumer Affairs in the Department of Law and Public Safety."Fair market value commercial lease"
means a contract or other agreement between a lessor and a lessee in which the
vehicle is to be used primarily for business or commercial purposes and which
provides an option for the purchase of the vehicle by the lessee from the lessor
at its fair market value at the end of the lease term."Fleet lease" means a contract or other
agreement between a lessor and a lessee entered into after the effective date of
this act and in which the vehicles are to be used primarily for business or
commercial purposes that is either: a written agreement for the use of at
least two vehicles that includes an agreement for an option to use at least one
additional motor vehicle; or a written agreement for the lease of five or more
vehicles."Gross capitalized cost" means the
amount, which, when reduced by the amount of the capitalized cost reduction,
equals the adjusted capitalized cost. The gross capitalized cost shall
include, the cost of the vehicle and, without limitation, taxes, registration,
license, acquisition, assignment and other fees and charges for insurance, for a
waiver of the contractual obligation to pay certain liability in the event the
motor vehicle is damaged, stolen or otherwise lost, for accessories and their
installation, for delivering, serving, repairing or improving the motor vehicle
and for other services and benefits incidental to the lease. It may also
include, with respect to a vehicle or other property traded-in in connection
with a lease, the unpaid balance of any amount financed under an outstanding
vehicle loan agreement or vehicle retail installment contract or the unpaid
portion of the early termination obligation under any other obligation of the
lessee."Lease" means a contract or other
agreement between a lessor and a lessee, other than a fleet lease, a fair market
value commercial lease, or a TRAC lease, entered into after the effective date
of this act for the use of a motor vehicle by the lessee for a period of time
exceeding 120 days, whether or not the lessee has the option to purchase or
otherwise become the owner of the motor vehicle at the expiration of the lease.
A lease shall not be deemed to be a retail installment contract, as defined in
subsection (b) of section 1 of P.L.1960, c.40 (C.17:16C-1), unless the lessee,
for no or for a nominal consideration, becomes the owner, or has the option of
becoming the owner, of the motor vehicle at the end of the term of the lease."Leasing dealer" means a person who, in
the ordinary course of business, offers or enters into motor vehicle leases or
who in the course of any 12-month period offers or enters into more than three
motor vehicle leases. The term "leasing dealer" shall not include a
person to whom a lease is assigned by a leasing dealer."Lessee" means a person who leases a
motor vehicle under a lease."Lessor" means a leasing dealer who
holds title to a motor vehicle leased to a lessee under a lease or a leasing
dealer who holds the lessor's rights under the lease or a person to whom a lease
is assigned. "Motor vehicle" or
"vehicle" means a motor vehicle as defined in R.S.39:1-1, except the
living facilities of motor homes. "Purchase option price" means total cost
to the lessee, excluding sales tax, to purchase the motor vehicle at the end of
the lease term."Residual value" means
the projected fair market value of the motor vehicle at the end of the lease
term."TRAC lease" means a contract or other
agreement between a lessor and a lessee which contains a "terminal rental
adjustment clause," as that provision is defined in subsection (h) of 26
U.S.C. s.7701.L.1994,c.190,s.2; amended 1999, c.293.56:12-62. Lease requirements
3. Every lease:
a. Shall be in writing and contain all of the terms and conditions of the lease agreement between the lessor and the lessee and shall be signed by the lessor and lessee;
b. Shall state the names and addresses of all parties, and the phone number of the leasing dealer. If the dealer knows the identity of the party to whom the leasing dealer intends to assign the lease, the dealer shall include in the lease the name, address and telephone number of the assignee. If the leasing dealer does not include the name, address and telephone number of the assignee in the lease, the dealer or the assignee shall, promptly upon assignment, mail or personally deliver to the lessee the name, address and telephone number of the assignee;
c. Shall state the dates when the lease is executed by the parties;
d. Shall identify the lease with the term "lease" in 14-point bold type and shall be in a style and format to be determined by the director by regulation;
e. Shall be completed in full without any blank spaces to be filled in after the lease is signed by the lessee;
f. Shall specify the periodic basis or intervals when the lease payments shall be payable;
g. Shall provide the following information concerning the conditions of the lease:
(1) Whether or not the lessee has the option to purchase the motor vehicle at the end of the lease term, and if so, either:
(a) the purchase option price, or
(b) the method for ascertaining the purchase option price. If the lease includes a method for determining the purchase option price, and that method is based upon an amount set forth in a publication, the identity of the publication and the classification contained within the publication to be used, shall be included. If the publication ceases to exist, the lessor shall immediately notify the lessee of that fact and inform the lessee of the identity of the comparable publication which will be utilized to ascertain the purchase option price. If a method for ascertaining the purchase option price not set forth in a publication is included in the lease, the lease shall set forth a good faith estimate of the amount, using that method;
(2) The total amount of all payments required at the inception of the lease term, including any refundable security deposit , any trade-in allowance and any nonrefundable payment such as a down payment or capitalized cost reduction, required at the beginning of the lease, or a statement that no payment is required at the beginning of the lease;
(3) The number of periodic payments to be paid during the term of the lease and the amount of each payment;
(4) A description of the standards to be used by the lessor in determining excessive wear or damage, and any liability the lease imposes upon the lessee at the end of the term of the lease, including any liability which may be imposed upon the lessee because of excessive wear or damage of the motor vehicle and any disposition costs imposed upon the lessee;
(5) (a) If the lease contains a purchase option, the total cost of the lease, assuming there is no default and that the lessee exercises the purchase option at the end of the term of the lease , which shall be the sum of: (i) the total amount of all payments required at the beginning of the lease; (ii) the total amount to be paid in periodic payments during the term of the lease; (iii) the amount of any liability the lease imposes upon the lessee at the end of the term of the lease; and (iv) the purchase option price.
(b) If the lease does not contain a purchase option or if the purchase option price is not set forth in the lease, the total fixed cost of the lease , which shall be the sum of (i), (ii) and (iii) of subparagraph (a) of this paragraph.
(c) For purposes of calculating the total cost of the lease under subparagraph (a) of this paragraph or the total fixed cost of the lease under subparagraph (b) of this paragraph , the amount of the refundable security deposit and insurance shall be excluded;
(6) The formula which shall be used by the lessor to calculate the total liability of the lessee if the lease is terminated by the lessee;
(7) The residual value of the vehicle;
(8) The total number of miles or the number of miles per month or year which the vehicle may be driven without additional charge as permitted under the terms of the lease, and the charge per mile for the miles driven in excess of that permissible mileage;
(9) The liability of the lessee in the event the motor vehicle is damaged, stolen or otherwise lost. In the event the motor vehicle is damaged, stolen or lost and is deemed a total loss by the insurance company, and the lease contains a provision whereby the difference between the insurance proceeds and the amount due under the terms of the lease shall be waived if the lessor receives the insurance proceeds and if the lessee has otherwise complied with all other promises contained in the lease (including, where applicable, the requirement that the lessee pay the deductible under any insurance coverage), the lease shall disclose that the lessee shall have no further liability. Otherwise, the lease shall disclose the option on the part of the lessee to purchase from the lessor or from a third party, either insurance or damage waivers, if available, to indemnify him for the difference between the insurance proceeds and the amount due under the terms of the lease;
(10) The gross capitalized cost of the vehicle, the capitalized cost reduction and the adjusted capitalized cost when the cost of the vehicle for the purpose of calculating the gross capitalized cost exceeds the manufacturer's suggested retail price; and
h. Shall provide the following information concerning the motor vehicle to be leased:
(1) If the odometer reads in excess of 1,000 miles, an explanation of the prior use of the motor vehicle using the following terms, as applicable: personal, family or household, demonstrator, livery, daily rental, police, prior wreckage, unknown; provided that the lessor may insert "unknown" only if the lessor does not know the prior use of the motor vehicle;
(2) The odometer reading at the beginning of the lease term;
(3) The make, model, and year;
(4) The number of engine cylinders;
(5) Whether the transmission is automatic or manual;
(6) Whether the brakes and steering mechanism are power assisted or manual;
(7) Whether or not the vehicle is air conditioned;
(8) The vehicle identification number of the vehicle; and
(9) If the vehicle is required to have a Monroney label, the manufacturer's suggested retail price as set forth on the Monroney label.