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FACTS Marc and Bree Kohel agreed to buy a used 2009 Mazda from Bergen Auto Enterprises, LLC, doing business as Wayne Mazda, Inc. In the

FACTS Marc and Bree Kohel agreed to buy a used 2009 Mazda from Bergen Auto Enterprises, LLC, doing business as Wayne Mazda, Inc. In the sales transaction, the Kohels were credited $7,000 for their 2005 Nissan, as a trade-in. The Kohels, however, still owed about $8,000 on the Nissan, which Wayne Mazda agreed to pay. The Kohels took possession of the Mazda with temporary plates.

Sometime later, Wayne Mazda discovered that the Nissan was missing a vehicle identification number (VIN) tag. The dealer therefore refused to make the payment for the Nissan and also refused to give the Kohels permanent plates for the Mazda. The Kohels applied and paid for a replacement VIN tag for the Nissan. Nevertheless, Wayne Mazda refused to take their calls on the matter and continued to refuse to supply permanent plates for the Mazda. The Kohels filed a complaint against the dealer in a New Jersey state court, alleging breach of contract. The court ruled in their favor, and Wayne Mazda appealed.

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As a practical matter, the situation could have been remedy with a replacement tag. Address the costs to correct versus the cost of litigating this matter.

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