New Jersey’s Lemon Law provides a remedy for consumers of passenger vehicles (“cars, etc.) which have persistent defects. Consumers bought “lemons” which dealers cannot fix are entitled to compensation under New Jersey’s Lemon Law. We represent purchasers of lemons seeking compensation for their losses.
NEW JERSEY’S LEMON LAW
The New Jersey Lemon Law is a powerful tool to help New Jersey buyers or lessees of new cars or passenger trucks which turn out to be lemons to obtain compensation from the manufacturer. If someone bought or leased a vehicle in New Jersey, and the dealer or manufacturer will not fix a defect which materially impacts its use, value or safety after repeated requests for repairs or reasonable opportunity to correct the defect, New Jersey’s Lemon Law provides compensation.
New Jersey’s Lemon Law creates a presumption that a new car is a “lemon” if the defect is reported to the dealer within the first 24 months or 24,000 miles (whichever comes first), and the dealer can’t repair it in 3 visits or if it spends more than 20 days in the shop during the first 24 months or 24,000 miles. (Even if your first problem falls outside this window, you may still be able to cover for a breach of warranty.) Some defects violate New Jersey’s Lemon Law even if they took less than 3 attempts or 20 days to fix. For example, the dealer only gets one attempt to fix a defect which might cause serious bodily harm or death, or if the dealer refuses to fix a defect. The rules governing New Jersey’s Lemon Law are complex, however, we can help you easily navigate through them.
In order to have a claim, you must give the manufacturer (not the dealer) one last chance to fix the vehicle. Notice must be sent after two attempts to repair the defect, or after twenty cumulative days out of service. It must be sent certified, return receipt requested. The manufacturer then gets 10 days to complete the repair. This 2 repair or 20 day requirement does not apply, however, if a serious safety defect still exists after even a single repair attempt, but the “last chance” letter must still be sent. The New Jersey Department of Community Affairs has a form letter it strongly recommends you use, and so do we.
If your car is considered a lemon under the New Jersey Lemon Law, you can recover for your damages. It may be that you get a refund for the cost of your vehicle, including tax, license and registration fees, finance fees, and any additional charges. The manufacturer is entitled to a “reasonable allowance” for your use of the vehicle, according to a formula set by the New Jersey Lemon Law. It is complicated, but works for out that for each mile you have driven before you first brought it in for repair, the manufacturer will receive credit of a penny per mile for each thousand dollars of purchase price. So if you bought your car for $25,000, and drove 10,000 miles, the manufacturer would receive a $2,500 credit. The manufacturer could offer you the option of replacing the vehicle, but you don’t have to take this; if you no longer have faith in that brand or its customer service, you can opt for the refund instead. New Jersey’s Lemon Law also requires manufactures to pay the attorneys fees and costs of someone who makes a successful Lemon Law claim.
NEW JERSEY USED CAR LEMON LAW
New Jersey’s Used Car Lemon Law provides New Jersey buyers of used lemons with a remedy against used car dealers.
New Jersey’s Used Car Lemon Law requires used car dealers to provide a warranty when selling used passenger vehicles. A dealer must provide a warranty for the earlier of 90 days or 3,000 miles for vehicles with up to 24,000 miles. If the passenger vehicle has more than 24,000 miles but less than 60,000, the warranty must be at least for the earlier of 60 days or 2,000 miles. Dealers must provide a warranty of at least the earlier of 30 days or 1,000 miles for vehicles with mileage between 60,000 and 100,000 miles
Some used passenger vehicles are not covered. These include those which cost less than $3,000, those which are more than 7 model years old, vehicles which an insurance company declared a “total loss,” vehicles with more than 100,000 miles, those not purchased from a used car dealer, and vehicles with more than 60,000 miles where the buyer has waived a warranty.
NEW JERSEY MOTORCYCLE LEMON LAW
All of the provisions of New Jersey’s Lemon Law apply to New Jersey motorcycles sales as well as other passenger vehicles. If you believe that your motorcycle is a “lemon,” you should pursue a New Jersey Lemon Law claim.
WHAT YOU SHOULD DO
You should immediately take your suspected lemon to the dealer for repairs at the first indication of a problem (these repairs should normally be under warranty if they fall within the mileage and time limits of the Lemon Law; if not, you will be responsible for the upfront repairs, which you will able to recoup with a successful New Jersey Lemon Law claim).
You should keep detailed notes of everything that happens, and who you speak with. You should keep copies of all records. You should ask for a receipt from the dealer which lists what the complaint was, what the dealer found, and what it did. The dealer has this and should give it to you. Make sure it is right; often times you will find that it is “slanted” so that it doesn’t reflect what actually happened.
You must give the manufacturer one last chance to fix the vehicle, sent by certified mail return receipt requested, after two attempts to repair the defect after twenty cumulative days out of service, or if a serious safety defect still exists after even a single repair attempt. You should use the form letter recommended by the New Jersey Department of Community Affairs, and keep the signed receipt. The manufacturer then gets 10 days to complete the repair.
If you can resolve the problem with the dealer or manufacturer and get the car fixed, great! That’s why you bought or leased it.
However, if the dealer will not (or cannot) fix your lemon or replace it, contact us so we can help you get compensated.