NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTIONS

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INTRODUCTION

This page is a discussion about 10 New Jersey Lemon Law frequently asked questions. This article only discusses New Jersey New Car Lemon Law frequently asked questions. The Used Car Lemon Law is an entirely different Law discussed in a separate article located on this website.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 1

WHAT IS A NEW JERSEY LEMON VEHICLE?

The Lemon Law protects buyers or lessees when they buy or lease car, truck, SUV, recreational vehicle, motorcycle or authorized emergency vehicle and the vehicle’s manufacturer cannot correct defects in the car, truck, SUV, recreational vehicle, motorcycle or authorized emergency vehicle in a reasonable time. The living facilities of mobile homes are excluded from coverage under the law. A New Jersey lemon vehicle is a vehicle with one or more problems that substantially impair the use, value or safety of the vehicle. The vehicle must be a passenger automobile (automobile used and designed for the transportation of passengers other than an omnibus or school bus) or motorcycle purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 2

DOES THE NEW CAR LEMON LAW APPLY TO LEASED VEHICLES?

The New Jersey New Car Lemon Law applies to people leasing vehicles other than for purposes of resale or sublease.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 3

DOES THE NEW CAR LEMON LAW APPLY TO NEW CARS ONLY?

The New Jersey New Car Lemon Law doesn’t only apply to vehicles bought brand new! The person seeking to apply the law must be a buyer or lessee, other than for purposes of resale or sublease, of a vehicle or a person to whom the vehicle was transferred during the duration of a warranty applicable to the vehicle or any other person entitled by the warranty’s terms to enforce the warranty’s obligations. Under the law "warranty" means any warranty, whether express or implied of the manufacturer of a new motor vehicle, or, in the case of a new motor vehicle that is an authorized emergency vehicle, of the manufacturer, co-manufacturer or post-manufacturing modifier, of the vehicle's condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty. This means that a person buying or leasing a vehicle used which is still covered by the manufacturer’s warranty may qualify for help under the Law. However, the consumer must report a nonconformity in a vehicle to the manufacturer, or, in the case of a motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer or postmanufacturing modifier, or its dealer or distributor, during the first 24,000 miles of operation or during the period of two years following the date of original delivery to the consumer, whichever is earlier.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 4

DOES THE NEW JERSEY LEMON LAW APPLY TO COMMERCIAL VEHICLES?

The law likely applies to commercial vehicles. There is nothing in the New Jersey New Car Lemon Law that bans commercial vehicle owners from filing claims against manufacturers.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 5

WHO IS RESPONSIBLE FOR VEHICLE DEFECTS UNDER THE LEMON LAW?

Those engaged in the business of manufacturing, assembling or distributing a car, truck, SUV, recreational vehicle, motorcycle or authorized emergency vehicle, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new cars, trucks, SUV’s, recreational vehicles, motorcycles or authorized emergency vehicles are responsible for vehicle defects under the Law. Car dealers are not responsible for new car defects under the Law.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 6

HOW DO I SHOW THAT MY VEHICLE IS A LEMON?

For a vehicle buyer or vehicle lessee to establish a claim under the Lemon Law, the vehicle buyer or lessee must prove by a preponderance of the credible evidence each of the following five elements of the lemon claim. The elements are:

  • The buyer or lessee purchased/leased the vehicle manufactured by the manufacturer.
  • The vehicle had the nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of the vehicle.
  • The nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the vehicle buyer or lessee, whichever is earlier.
  • The vehicle buyer or lessee reported the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier.
  • The vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 7

WHAT KIND OF VEHICLE PROBLEMS SUPPORT A LEMON CLAIM?

Not just any problem will support a lemon claim. For a problem to support a lemon claim, the problem must substantially impair the vehicle’s use, value or safety in an important, essential or significant way. The term “substantial does not mean a defect, impairment or condition that is minor, trivial or unimportant. In determining whether a defect or condition substantially impairs the use or value of the vehicle, the court can consider whether the defects or conditions have shaken the buyer or lessee’s confidence in the vehicle. If the defect has shaken the buyer or lessee’s confidence in the vehicle, this loss of confidence may be the basis for the court to find that the defect has impaired the vehicle’s use or value. The court should consider this from both a subjective and objective point of view. From a subjective standpoint, the defects must be examined from the point of view of the vehicle buyer or lessee. From an objective standpoint, the defects that allegedly have shaken the buyer or lessee’s confidence must be consistent with what a reasonable person in the buyer or lessee’s position would have believed under the same or similar circumstances. For example, in deciding whether a specific defect or condition substantially impairs the use or value of the vehicle, the court may consider whether the specific defect or condition complained of, in fact caused the buyer or lessee plaintiff to lose confidence in this vehicle. Even if the court finds that the buyer or lessee’s confidence in the vehicle was shaken, the court should also consider whether or not the specific defect or condition, if any, was such that a reasonable person would have lost confidence in the vehicle.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 8

TO WIN A LEMON CLAIM, DO I HAVE TO SHOW THAT MY VEHICLE HAD A SPECIFIC NUMBER OF REPAIR ATTEMPTS?

To win a lemon claim, a vehicle buyer or lessee does not have to show that the vehicle had a specific number of repair attempts. Instead, the vehicle buyer or lessee has to prove that: (1) the nonconformity (substantial defect) occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the vehicle buyer or lessee, whichever is earlier; (2) the vehicle buyer or lessee reported the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier; and (3) the vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time. There is no specific number of times that the manufacturer or its authorized dealership must attempt repairs to the vehicle before the consumer can bring their claim. However, the more attempts that the consumer has, the more likely it may be that they have a strong lemon case. On the other hand, if the consumer waits too long to bring their claim, it could make it more difficult for them to win their claim or delay them from winning the claim.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 9

TO WIN A LEMON CLAIM, DOES A PROBLEM HAVE TO EXIST WHEN I BRING MY LEMON CLAIM?

There is no requirement that, at the time when a vehicle buyer or lessee brought their lemon claim, the vehicle had some defect. Instead, they only have to prove that: (1) a nonconformity (substantial defect) occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the vehicle buyer or lessee, whichever is earlier; (2) the vehicle buyer or lessee reported the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier; and (3) the vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time. Many lemon cases involve vehicles that might be ultimately fixed by the manufacturer. However, the point of the lemon law is not to allow a benefit to a manufacturer that ultimately fixes the vehicle but instead, to require the manufacturer to fix the vehicle in a reasonable time.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 10

HOW CAN A MANUFACTURER BEAT A LEMON CASE?

The vehicle manufacturer in a Lemon Law case may use the following defenses to beat a Lemon claim:

  • The alleged nonconformity does not substantially impair the use, value or safety of the vehicle.
  • The nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the vehicle by someone other than the vehicle manufacturer or its dealer.
  • The nonconformity didn’t occur during the first 24,000 miles of use, or within two years after the date of original delivery to the vehicle buyer or lessee, whichever is earlier.
  • The vehicle buyer or lessee failed to report the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier.
  • The vehicle manufacturer, through its authorized dealers, repaired the nonconformity or non-conformities within a reasonable time.

NEW JERSEY LEMON LAW FREQUENTLY ASKED QUESTION 11

IF A CONSUMER PROVES THEIR VEHICLE IS A LEMON, WHAT DO THEY WIN?

If the vehicle manufacturer is unable to correct the nonconformity within a reasonable time, the vehicle manufacturer shall accept return of the vehicle from the car buyer or car lessee. The vehicle manufacturer shall also provide the car buyer or car lessee with a full refund of the purchase/lease price and any other charges, fees and costs, less a reasonable allowance for the use of the vehicle, which shall be calculated by the court.

TO LEARN MORE, GET A NO OBLIGATION CONSULT

Call Perlman DePetris Consumer Law for a no obligation phone consultation. Handling your case wrong from the beginning may only cost you more money and time in the end!! Try to do it right the first time by seeking legal advice from a competent lawyer! You might be entitled to be represented on a contingent basis, meaning that the attorney won’t get paid unless the case is successful and that the lawyer gets paid from your recovery instead of requiring you to pay attorney’s fees out of your own pocket up front. Other cases can be handled for a relatively small one-time payment of an up-front fixed attorney’s fee and with a contingent fee at the end of the case. Filing a claim yourself is very risky, since businesses often hire experienced defense attorneys to fight your case. Also, if you try to negotiate a settlement yourself, you may get less money than you deserve. You should always speak with an attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! Even if the facts of your case do not fit the requirements of a Lemon Law, you may be entitled to sue the manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.  If the manufacturer or selling dealer breached the warranties that came with your vehicle, you may be able to recover money damages, attorney’s fees and court costs.

DISCLAIMER

While this page gives some general background information, there is the danger that relying on this information alone could lead you to lose your claim. Laws and regulations frequently change and the law may have changed since the posting of this webpage. Factual differences between your case and cases described on this webpage can affect your chance of success. Don’t attempt to rely on the internet as the only source of information for your claim! Instead, get competent legal advice from a New Jersey licensed attorney. Call Perlman DePetris Consumer Law for a no obligation phone consultation.