EXPLANATION OF THE NEW JERSEY

USED CAR LEMON LAW

 

WHAT IS THE NEW JERSEY USED 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, when buying certain used cars, the public should be protected from lemon vehicles by having a right to sue the dealers who sold them those vehicles for a refund of the vehicle’s purchase or lease price, less a deduction for how many miles the defective vehicle had when the defect was first reported to the manufacturer or its authorized dealership.

 

IS MY VEHICLE A LEMON UNDER THE LAW?

 

Under New Jersey’s Used Car Lemon Law, dealers had to provide buyers of certain used vehicles purchased after July 3, 1996 with the following warranties:

 

Vehicles with 24,000 miles or less  --  90 days or 3,000 miles, whichever comes first.

 

Vehicles with more than 24,000 miles, but less than 60,000 miles -- 60 days or 2,000 miles, whichever comes first.

 

Vehicles with between 60,000 and 100,000 miles -- 30 days or 1,000 miles, whichever comes first.

 

WHAT COMPONENTS OF THE VEHICLE ARE COVERED

 

The warranties under the law cover the following components of the vehicle:

 

  1. a material defect of the used vehicle.

 

  1. The engine, which includes the following:  all internal lubricated parts, timing chains, gears and cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve covers, oil pan, manifolds, flywheel, harmonic balancer, engine mounts, seals and gaskets, and turbo-charger housing. Note that housing, engine blocks and cylinder heads are covered only if damaged by  failure of an internal lubricated part.

 

  1. Transmission Automatic/Transfer Case:  all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals and gaskets.

 

  1. Transmission Manual/Transfer Case:  all internal lubricated parts, transmission mounts, seals and gaskets, but excluding a manual clutch, pressure plate, throw-out bearings, clutch master or slave cylinders.

 

  1. Front-Wheel Drive:  all internal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets.

 

  1. Rear-Wheel Drive:  all internal lubricated parts, propeller shafts, supports and U-joints, axle shafts and bearings, seals and gaskets.

 

WHEN IS THE LEMON LAW EXCLUDED?

 

  1. The vehicle was purchased for less than $3,000;

 

  1. The vehicle was more than 7 model years old;

 

  1. The vehicle was declared a total loss by an insurance company;

 

  1. The vehicle’s odometer registered over 100,000 miles;

 

  1. The vehicle was not purchased from a dealer;

 

  1. If the vehicle had over 60,000 miles, the buyer, in negotiating with the dealer for a better price for the vehicle, waived the right to a warranty in writing;

 

  1. The defect must not be the result of the buyer’s abuse, neglect, modification or alteration of the vehicle; and/or

 

  1. The defect does not substantially impair the use, value or safety of the used motor vehicle.

 

WHAT MUST I DO UNDER THE LAW?

 

During the vehicle’s warranty period, the buyer must make arrangements to get the vehicle fixed by the selling dealer. 

 

The dealer may require the buyer to pay a $50.00 deductible for the repair of any item covered under the warranty.

WHAT MUST THE DEALER DO UNDER THE LAW?

 

During the vehicle’s warranty period, the dealer must make arrangements to fix the vehicle or to have its authorized dealership fix it.

 

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.

 

If unable to fix the vehicle’s material defect after at least three attempts, or if the vehicle was out of service for 20 cumulative days while the dealer was trying to fix it, the dealer must accept the return of the vehicle from the buyer and provide the buyer with a full refund. 

 

HOW DO I GET A REFUND OR MONEY DAMAGES UNDER THE LAW?

 

If the dealer is unable or unwilling to fix the car within a reasonable period of time and refuses to provide a refund, 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.

 

HOW DO I PROVE MY CASE UNDER THE LAW?

 

As soon as you notice that your vehicle has a defect, you must report the defect to the selling dealership immediately and arrange for it to be repaired by them or their authorized repair facility.

 

When you get your car repaired, before leaving the dealership or their authorized repair facility, you should ask for a repair invoice listing what was done to your vehicle.

 

You shall lose your case if the dealer 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 is the result of the buyer’s abusing, neglecting, modifying or altering the vehicle.

 

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

 

FREE LEMON LAW EVALUATION CLICK HERE

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.