EXPLANATION OF THE NEW JERSEY
NEW CAR LEMON LAW
WHAT IS
THE NEW JERSEY NEW CAR LEMON LAW?
A "lemon" vehicle is one that exhibits a
substantial problem or problems following repair attempts made to it.
New Jersey’s lawmakers decided that, since new cars were expensive to buy and lease, the public should be protected from lemon vehicles by having a right to sue the manufacturers of those vehicles for a refund of the vehicle’s purchase or lease price, less deductions for how many miles the defective vehicle had when the defect was first reported to the manufacturer or its authorized dealership and for wear and tear.
FREE LEMON LAW EVALUATION CLICK HERE
IS MY
VEHICLE A LEMON UNDER THE LAW?
Under New Jersey’s Lemon Law, to be a lemon, a
vehicle must:
1.
be a passenger
automobile or motorcycle purchase or leased in New Jersey or registered in New
Jersey;
2.
during the
first 18,000 miles of operation or 2 years following delivery, whichever comes
first, have a defect that substantially impair its use, value or safety; and
3.
the defect must
either:
a.
Be unable to be
fixed by the manufacturer’s authorized dealer after a reasonable number of
repair attempts; or
b.
Result in the
vehicle’s being out of service for 20 or more days.
Note that, if the vehicle is transferred to another owner or lessee during the first 18,000 miles or 2 years following its purchase, the vehicle’s new owner or lessee is also covered under the Lemon Law for that time period.
FREE LEMON LAW EVALUATION CLICK HERE
v The defect must not be the result of the buyer’s abusing, neglecting, modifying or altering the vehicle.
v The vehicle must not be registered for commercial use.
v The case must not involve a bus or the interior of a motor home.
During the first 18,000 miles of
operation or 2 years following delivery, whichever happens first, the buyer
must:
v notify the manufacturer or its authorized dealership of the vehicle’s defects; and
v make arrangements to get the vehicle fixed by the manufacturer or its authorized dealer.
v During the first 18,000 miles of operation or 2 years following delivery, whichever happens first, the manufacturer must make arrangements to fix the vehicle or to have its authorized dealership fix it.
v After each repair attempt, the manufacturer or its authorized dealership must give the buyer a repair invoice reflecting the repairs made or attempted on the vehicle.
v If unable to fix the vehicle in a reasonable period of time, the manufacturer must accept the return of the vehicle from the buyer and provide the buyer with a full refund, less a deduction for the vehicle’s mileage when the buyer first reported the vehicle’s defects to the manufacturer or its authorized dealer. Instead of offering a refund, the manufacturer may offer the buyer a replacement vehicle; but the buyer does not have to accept a replacement vehicle instead of a refund.
If the manufacturer or its authorized dealer is
unable or unwilling to fix the car within a reasonable period of time, the
buyer can file a lawsuit against the manufacturer in the Superior Court of New
Jersey. If the buyer wins the lawsuit, the buyer can recover money damages and
reasonable attorney's fees, expert witness fees and court costs, including the
fees for filing the lawsuit.
Under the New Jersey New Car Lemon Law, if the manufacturer has its own dispute settlement or arbitration program, the buyer does not have to
participate in it before filing a lawsuit against the manufacturer. Even if the buyer decides to participate in such a program, if dissatisfied with the result, the buyer may be able to file a lawsuit against the manufacturer.
HOW DO I PROVE MY CASE UNDER THE LAW?
As soon as you notice that your vehicle has a defect, you must:
v report the defect to the manufacturer or its authorized dealership immediately;
v arrange for it to be repaired by the manufacturer or its authorized dealership; and
v when you get your car repaired, before leaving the manufacturer’s dealership, you should ask for a repair invoice listing what was done to your vehicle.
You
shall lose your case if the manufacturer proves one of the following:
1.
the vehicle has
no defects;
2.
the vehicle’s
defect does not substantially impair the vehicle's use, value, or safety; or
3.
the vehicle’s
defect must is the result of the buyer’s abusing, neglecting, modifying or
altering the vehicle.
WHAT IF MY VEHICLE IS DEFECTIVE BUT
THE FACTS OF MY
CASE DO NOT FIT THE LEMON LAW?
Even if the facts of
your case do not fit the requirements of the lemon law, you may be entitled to
sue the manufacturer or selling dealer for a breach of your warranties under
other state and federal laws. Click HERE
for an explanation of Breach of Warranty Claims.
WHAT DO I DO TO FIND OUT IF I HAVE A CASE?
Submit the online claim
form and one of our attorneys will contact you by phone for a free phone
consultation. FORM
or
Call us toll free at
1-800-827-0331 and ask to speak with an attorney about your lemon vehicle.
NO WEBSITE IS A SUBSTITUTE FOR LEGAL ADVICE REGARDING THE
FACTS OF YOUR PARTICULAR CASE. IF YOU
THINK YOU HAVE A CASE, YOU SHOULD TALK TO AN ATTORNEY AS SOON AS POSSIBLE, AS
THERE ARE TIME LIMITS WITHIN WHICH TO FILE A LAWSUIT.
THIS WEBSITE IS NOT INTENDED TO PROVIDE EXAMPLES OF ALL THE
REMEDIES THAT MAY BE AVAILABLE TO YOU UNDER ANY APPLICABLE STATE AND/OR FEDERAL
LAWS, NOR IS IT INTENDED TO EXPLAIN EVERY DETAIL OF THE LAWS OR THEIR
INTERPRETATIONS BY COURTS OF RELEVANT JURISDICTIONS. THIS WEBSITE IS NOT TO BE CONSIDERED AN OFFER
TO PROVIDE LEGAL SERVICES TO ANYONE AND THE FIRM DOES NOT INTEND TO CREATE AN
ATTORNEY CLIENT RELATIONSHIP BY PROVIDING THE INFORMATION IN THIS WEBSITE.
FREE LEMON LAW EVALUATION CLICK HERE