NEW JERSEY LEMON CAR INFORMATION

To substantially impair a vehicle, the 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 lemon 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. 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 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.