NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTIONS

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INTRODUCTION

This page discusses New Jersey Lemon Law substantial impairment frequently asked questions. The page discusses New Jersey New Car Lemon Law substantial impairment and New Jersey Used Car Lemon Law substantial impairment.

NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTION #1

WHY IS SUBSTANTIAL IMPAIRMENT IMPORTANT IN LEMON LAW CASES?

A "lemon" automobile is one that exhibits a “substantial impairment” following one or more repair attempts made to it.  Unless the automobile has a substantial impairment, a car buyer cannot prove a New Jersey Lemon Law case. Unless a car buyer or car lessee can prove that their vehicle has a substantial impairment, the car buyer or car lessee will fail to convince a court that their car is a lemon under the law. The New Jersey Lemon Law substantial impairment requirement is a complex concept. Many consumers fail to prove that their vehicle suffers from a substantial impairment and because of that failure, they lose their cases.

NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTION #2

WHAT QUALIFIES AS A NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT?

To substantially impair a vehicle, a defect or condition must impair the use, value or safety of the vehicle 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 New Jersey car, truck, SUV, recreational vehicle or motorcycle, the court can consider whether the defects or conditions have shaken the car buyer or car lessee’s confidence in the vehicle. If the vehicle’s defect has shaken the car buyer or car lessee’s confidence in the vehicle, this loss of confidence may be the basis for the court to find that the vehicle’s defect has impaired the vehicle’s use or value or safety.

NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTION #3

HOW DOES A COURT DECIDE IF A VEHICLE’S PROBEMS SHAKE THE CONSUMER’S CONFIDENCE IN THE VEHICLE?

To decide if a vehicle’s defects has shaken the car buyer or car lessee’s confidence in the vehicle, the court should consider the question 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 buyer plaintiff or car lessee. From an objective standpoint, the car defects that allegedly have shaken the car buyer or car lessee’s confidence must be consistent with what a reasonable person in the car buyer or car 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 the vehicle, the court may consider whether the specific defect or condition complained of, in fact caused the car buyer or car lessee to lose confidence in this vehicle. Even if the court finds that the car buyer or car 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 SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTION #4

WHAT TYPE OF PROBLEMS QUALIFY AS A NEW CAR LEMON LAW SUBSTANTIAL IMPAIRMENT?

Not all vehicle problems qualify as a New Car Lemon Law substantial impairment. To qualify for a substantial impairment, in addition to substantially impairing the use, value or safety of the vehicle, a problem must meet the following requirements:

  • The problem must be one covered under a new car warranty.
  • The nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the lemon car buyer or car buyer lessee, whichever is earlier.
  • The car buyer or car buyer 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 consumer, whichever is earlier.
  • The vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time.
  • The nonconformity is not the result of abuse, neglect or unauthorized modifications or alterations of the vehicle by someone other than the vehicle manufacturer or its dealer.

NEW JERSEY LEMON LAW SUBSTANTIAL IMPAIRMENT FREQUENTLY ASKED QUESTION #5

WHAT TYPE OF PROBLEMS QUALIFY AS A NEW JERSEY USED CAR LEMON LAW SUBSTANTIAL IMPAIRMENT?

Not all vehicle problems qualify as a New Jersey Used Car Lemon Law substantial impairment. To qualify for a substantial impairment, in addition to substantially impairing the use, value or safety of the vehicle, a problem must meet the following requirements:

  • The problem must involve an area of the vehicle covered under the New Jersey Used Car Lemon Law warranty and the consumer must not have signed a waiver of their right to a warranty. This means that the problem must occur to one or more of the following components of the vehicle:
    • Engine:  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.
    • Transmission Automatic/Transfer Case:  all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals and gaskets.
    • 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.
    • Front-Wheel Drive:  all internal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets.
    • Rear-Wheel Drive:  all internal lubricated parts, propeller shafts, supports and U-joints, axle shafts and bearings, seals and gaskets.
    • Possibly any other component (if any) specifically covered by the used car dealer’s warranty for the car, truck or SUV.
  • Depending on the age and mileage of the vehicle at the time it is purchased, the problem must be reported to the dealer within a specific time frame:
    • If the used vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;
    • If the used vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
    • If the used vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to a warranty as provided under the Law.
  • After the dealer is given a reasonable opportunity to repair the used car, truck or SUV, meaning that:
    • the used car, truck or SUV is delivered to the used car dealer, at his regular place of business, and subject to a deductible amount of $50 to be paid by the car, truck or SUV buyer for each repair of a covered item;
    • the used car dealer or the dealer’s agent fails to correct a material defect of the used vehicle, with “material defect” being defined as a malfunction of a used vehicle, subject to the car, truck or SUV’s warranty.

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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 don’t fit Consumer Law requirements, you may be entitled to sue a business for a breach of your warranties under other state and federal laws or for a breach of contract or for some other type of claim and you may 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.