NEW JERSEY LEMON LAW DICTIONARY

GET YOUR FREE CASE EVALUATION TODAY!

Introduction

This page provides a dictionary of New Jersey Lemon Law terms and New Jersey Warranty Law terms.

Administrative lemon law hearing

The Office of Administrative Law (OAL) conducts hearings in certain new and New Jersey Used Car Lemon Law cases. An Administrative Law Judge hears contested Lemon Law cases, such as certain new and used lemon law disputes, under rules established by law and by the OAL. The Administrative Law Judge provides a neutral forum where the evidence of all parties to a Lemon case is presented. The Administrative Law Judge is not permitted to give legal advice to consumers involved in contested New Jersey Lemon Law cases. After hearing a lemon case, the Administrative Law Judge prepares an initial decision that is sent to the Division of Consumer Affairs within the time frame set by law. The Director of the Division of Consumer Affairs may affirm, modify or reject the Administrative Law Judge’s decision and the Director is empowered to make a final Lemon Law decision in the matter. If the Director of the Division of Consumer Affairs fails to either adopt, reject or modify the initial decision within forty-five days (and unless the period is extended as provided by law), the Administrative Law Judge’s initial decision becomes the final Lemon Law decision for the Lemon case. At that point, it may be possible for a party to the Lemon case to take an appeal to a higher court. During the administrative hearing, consumers are entitled to be represented by an attorney. In most administrative lemon law hearings involving manufacturers, the manufacturers are represented by an attorney and often, the manufacturer has at least one expert witness appear to dispute a buyer’s lemon law claims.

Administrative Law Judge (ALJ)

A judge that sits in the Office of Administrative Law (OAL). A Administrative Law Judge hears contested New Jersey Lemon Law cases, such as certain new and used lemon law disputes, under rules established by statute and by the OAL. The Administrative Law Judge provides a neutral forum where the evidence of all parties to a Lemon case is presented. The Administrative Law Judge is not permitted to give legal advice to consumers involved in contested Lemon Law cases. After hearing a lemon case, the Administrative Law Judge prepares an initial decision that is sent to the Division of Consumer Affairs within the time frame set by law. The Director of the Division of Consumer Affairs may affirm, modify or reject the Administrative Law Judge’s decision and the Director is empowered to make a final Lemon Law decision in the matter. If the Director of the Division of Consumer Affairs fails to either adopt, reject or modify the initial decision within forty-five days (and unless the period is extended as provided by law), the Administrative Law Judge’s initial decision becomes the final Lemon Law decision for the Lemon case. At that point, it may be possible for a party to the Lemon case to take an appeal to a higher court.

Administrator (New Jersey Service Contract Act)

A person who performs the third-party administration of a service contract, pursuant to the provisions of section 5 of this act, on behalf of a provider.

Arbitration

Under The New Jersey New Car Lemon Law, if the manufacturer has its own lemon dispute settlement or arbitration program, the car buyer does not have to participate in it before filing a Lemon Law lawsuit against the manufacturer.  Even if the car buyer decides to participate in such a program, if dissatisfied with the result, the car buyer may be able to file a Lemon Law lawsuit against the manufacturer. However, by deciding to proceed with a Lemon Law arbitration process before filing a Lemon Law lawsuit, many people waste much time and effort that could be better spent proceeding with a Lemon Law lawsuit. Often, New Jersey New Car Lemon Law dispute resolution programs increase rather than decrease the time it takes to resolve a case.

Better Business Bureau Autoline

Founded in 1978, it is an auto warranty dispute resolution program.  Some automotive manufacturers are members of the program, which attempts to resolve some but not all types of lemon disputes. For, many auto warranty disputes do not qualify for the program. The program’s proceedings are governed by many different rules and involve telephone conferences facilitated by BBB staff and arbitrations of disputes not resolved by agreement. When pursuing BBB claims, consumers are entitled to be represented by an attorney.

Breach of contract

A New Jersey breach of contract is a type of legal claim against a person or business for their failure to honor an oral or written contract. These types of cases might include New Jersey Service Contract Act disputes, vehicle repair contract disputes, vehicle sale disputes and the like.

Breach of warranty

A New Jersey breach of warranty is a type of legal claim against a person or business for their failure to honor an express or implied warranty. A common type of breach of warranty claim involves a product’s manufacturer or the selling dealer who provided a warranty with the product or for which a warranty arose by law is unable or unwilling to provide goods that conform to the warranty.

Buyer (New Jersey Motor Vehicle Code)

Includes purchaser, debtor, lessee, bailee, transferee, and any person buying, attempting to buy, or receiving a motor vehicle subject to a security interest, lease, bailment or transfer agreement, and their legal successors in interest.

Contract (New Jersey Motor Vehicle Code)

Conditional sale, agreement, bailment, lease, chattel mortgage, trust receipt or any other form of security or possession agreement executed prior to January 1, 1963, wherein and whereby possession of a motor vehicle is delivered to the buyer and title therein is to vest in the buyer at a subsequent time upon the payment of part or all of the price, or upon the performance of any other condition or happening of any contingency, or upon the payment of a sum substantially equivalent to the value of the motor vehicle, by which contract it is agreed that the buyer is bound to become, or has the option of becoming, the owner of the motor vehicle upon full compliance with the terms of the contract.

Consumer (Magnuson Moss Warranty Act)

A buyer (other than for purposes of resale) of the vehicle or other consumer product, a person to whom the vehicle or product was transferred during the duration of an implied or written warranty (or service contract) applicable to the vehicle or product, or any other person entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).

Consumer (New Jersey New Car Lemon Law)

A buyer or lessee, other than for purposes of resale or sublease, of a motor vehicle; a person to whom a motor vehicle is transferred during the duration of a warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

Consumer (New Jersey Service Contract Act)

A natural person who buys other than for purposes of resale any property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.

Consumer (New Jersey Used Car Lemon Law)

The purchaser or prospective purchaser, other than for the purpose of resale, of a used motor vehicle normally used for personal, family or household purposes.

Consumer product (Magnuson Moss Warranty Act)

A buyer product is a new or used piece of merchandise that is distributed in commerce and normally used for personal, family, or household purposes, such as vehicles, mobile homes, computers, appliances, agricultural products, heating and air conditioning systems, plumbing components, etc.

Covered item (New Jersey Used Car Lemon Law)

Includes the following components of a used motor 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; however, housing, engine block and cylinder heads are covered items only if damaged by the 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.

Dealer (New Jersey Motor Vehicle Code)

The agent, distributor or authorized dealer of the manufacturer of the new motor vehicle, and who has an established place of business.

Dealer (New Jersey New Car Lemon Law)

A person who is actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who has an established place of business.

Dealer (New Jersey Used Car Lemon Law)

A person, including a business, selling or offering for sale a used motor vehicle after selling or offering for sale 3 or more used motor vehicles in the previous 12 month period. The term also applies to a lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, to a buyer who is not the lessee, or a family member or employee of the lessee upon the termination of the lease agreement.

Deduction for personal use (New Jersey Used Car Lemon Law)

The mileage allowance set by the federal Internal Revenue Service for business usage of a motor vehicle in effect on the date a used motor vehicle is repurchased by a dealer in accordance with N.J.S.A. 56:8-71, multiplied by the total number of miles a used motor vehicle is driven by a buyer from the date of purchase of that vehicle until the time of its repurchase.

Defect

Under the New Jersey New Car Lemon Law, the term “defect” means a problem that substantially impairs the vehicle’s use, value or safety to the purchaser and that is not of a trivial nature (which is subject to interpretation by a legal factfinder) and which is unable to be fixed by the manufacturer’s authorized dealer after a reasonable number of repair attempts; or which causes the vehicle to be out of service for 20 or more cumulative days.

Deficiency action

A type of legal claim. Most deficiency actions arise when a purchaser of a product finances the purchase of the product and thereafter fails to make payments on the loan when they are due to the lender. If someone is in default of a loan and the loan is secured by collateral, such as a vehicle, the lender may have the right to declare the loan in default, repossess the product, sell it at an auction (where the lender usually sells for the product that is far less than its original purchase price) and then sues the borrower for the difference. Such a Lemon Law lawsuit often includes attorney’s fees, costs of sale, towing costs and lawsuit costs and it is therefore common for a lender to seek a sum of money much higher than the product’s original purchase price. It is generally very, very risky for a buyer to decide to stop making payments on a vehicle simply because it doesn’t work well or even if it doesn’t work at all. Failing to make payments on a vehicle could result in: (1) the credit of everyone on the vehicle’s loan being damaged; (2) the vehicle being repossessed; (3) everyone on the vehicle’s loan being sued; (4) ultimately, in a money judgment being entered against you, which may even exceed the vehicle original price. Failing to make payments on the vehicle’s loan could make a bad situation much, much worse. Always consult with an attorney before deciding to stop making payments on a vehicle loan.

Director

The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or their designee.

Division

The Division of Consumer Affairs in the Department of Law and Public Safety.

Excessive wear and tear

Wear or damage to a used motor vehicle beyond that expected to be incurred in normal circumstances.

Lease agreement

A contract or other written agreement in the form of a lease for the use of a motor vehicle by a person for a period of time exceeding 60 days, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

Lemon

A "lemon" vehicle or product is one that exhibits a substantial problem or problems following repair attempts made to it.  For new vehicles, contrary to much misinformation spread amongst consumers, a vehicle does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs to qualify as a lemon.

Lemon law

A law that provides relief to the purchasers of certain defective vehicles or other products, frequently after the vehicle has undergone a number of unsuccessful repair attempts or been at a repair shop for a certain number of days undergoing repairs or waiting to be repaired. ’s lawmakers decided that the public should be protected from lemon vehicles by having a right to sue the manufacturers of lemon vehicles ( new car purchasers) or dealers of used cars ( used car purchasers) or the manufacturers of lemon motorized wheelchairs or scooters (wheelchair purchasers) for a refund of the vehicle’s purchase or lease price, less deductions for how many miles the defective vehicle had when the defect was first reported to the manufacturer or its authorized dealership and for wear and tear. The New Jersey New Car Lemon Law’s penalties apply only against manufacturers -- persons engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles. The New Jersey New Car Lemon Law’s penalties do not apply to dealers -- persons who actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who have established places of business.

Lemon Law Unit (LLU)

A department of the Office of Attorney General, Department of Law and Public Safety, Division of Consumer Affairs. The Lemon Law Unit does not provide consumers with legal representation and does not handle all types of warranty disputes involving vehicles.

Lemon lawyer

An attorney that handles lemon law claims.

Lessee

A person who leases a motor vehicle pursuant to a lease agreement.

Lessor

A person who holds title to a motor vehicle leased to a lessee under a lease agreement or who holds the lessor's rights under such an agreement.

Lien

A security interest in a motor vehicle.

Lienholder

Means a person with a security interest in a motor vehicle pursuant to a lien.

Magnuson-Moss Warranty-Federal Trade Commission Improvement Act

Also known as the Magnuson Moss Warranty Act, it is a federal law designed to help in the enforcement of breach of warranty claims.   The Federal Government decided that, since warranties were difficult to enforce, it should be easier for the public to enforce certain warranties and service contracts by having a right to sue those who give and then fail to honor warranties or service contracts for money damages, attorney’s fees and court costs.  

Maintenance agreement

Means a contract of limited duration that provides for scheduled maintenance only, and does not include repair or replacement of the property subject to the contract.

Manufacturer (New Jersey New Car Lemon Law)

Persons or businesses engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles. The New Jersey New Car Lemon Law’s penalties apply only against manufacturers and do not apply to dealers -- persons who actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who have established places of business.

Manufacturer's informal dispute settlement procedure

A Lemon Law arbitration process or procedure by which the manufacturer attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period. It is not a mandatory procedure and participation in the procedure may serve merely to delay a buyer’s recovery or the resolution of a claim.

Manufacturer's warranty or warranty

Any warranty, whether express or implied of the manufacturer, of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.

Material defect (New Jersey Used Car Lemon Law)

A malfunction of a used motor vehicle, subject to a warranty, which substantially impairs its use, value or safety.

Motor vehicle (New Jersey New Car Lemon Law)

A passenger automobile or motorcycle as defined in N.J.S.A. 39:1-1 which is purchased or leased in the State or which is registered by the Motor Vehicle Commission in the Department of Law and Public Safety, except the living facilities of motor homes.

Motor vehicle ancillary protection product

A contract or agreement between a provider and a consumer for a specific duration, for a provider fee or other separately stated consideration, to perform one or more of the following with respect to a motor vehicle: (1) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards including but not limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps; (2) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;
(3) the repair of small motor vehicle windshield chips or cracks which may include replacement of the windshield for chips or cracks that cannot be repaired.

New Jersey Consumer Fraud Act

A law that allows victims of certain types of fraud committed by businesses and people selling products and services for profit to recover treble damages, attorney’s fees, court costs, refunds and to cancel contracts. The sale of vehicles and the sale of vehicle services are subject to the New Jersey Consumer Fraud Act.

New Jersey New Car Lemon Law

A law that provides relief to the purchasers of certain defective vehicles frequently after the vehicle has undergone a number of unsuccessful repair attempts by the manufacturer’s dealership or been at the manufacturer’s dealership for a certain number of days undergoing repairs or waiting to be repaired. A vehicle does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs for the owner to have a valid New Jersey Used Car Lemon Law claim. The New Jersey New Car Lemon Law also requires manufacturers to handle certain repairs and other functions according to State law requirements or face penalties. The State’s lawmakers decided that, since new cars were expensive to buy and lease, the public should be protected from lemon vehicles by having a right to sue the manufacturers of lemon vehicles for a refund of the vehicle’s purchase or lease price, less deductions for how many miles the defective vehicle had when the defect was first reported to the manufacturer or its authorized dealership and for wear and tear. The New Jersey New Car Lemon Law’s penalties apply only against manufacturers -- persons engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles. The New Jersey New Car Lemon Law’s penalties do not apply to dealers -- persons who actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who have established places of business. The New Jersey New Car Lemon Law’s penalties apply only against manufacturers -- persons engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles. The New Jersey New Car Lemon Law’s penalties do not apply to dealers -- persons who actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who have established places of business.

New Jersey Service Contract Act

A law that regulates the sale of a contract or agreement between a provider and a consumer for any duration, for a provider fee or other separately stated consideration, to perform, or to provide indemnification for the performance of, the maintenance, repair, replacement, or service of property for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear, and which may include additional provisions for incidental payment of indemnity under limited circumstances. In the case of a motor vehicle, such circumstances may include towing, rental, and emergency road services, and other road hazard protections. A service contract may provide for the maintenance, repair, replacement, or service of the property for damage resulting from power surges or interruption, or accidental damage from handling. A service contract also includes a motor vehicle ancillary protection product. Service contracts may provide for leak or repair coverage to house roofing systems. A "service contract" does not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communication services or a contract in writing related to the delivery of satellite television or broadband communication services. A violation of the New Jersey Service Contract Act is also a violation of the New Jersey Consumer Fraud Act.

New Jersey Used Car Lemon Law

A Lemon Law that provides relief to the purchasers of certain defective used vehicles, frequently after the vehicle has undergone a number of unsuccessful repair attempts or been at a repair shop for a certain number of days undergoing repairs or waiting to be repaired. A vehicle does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs for the owner to have a valid New Jersey Used Car Lemon Law claim. The New Jersey Used Car Lemon Law also requires dealers to handle the sale of used vehicles and other functions according to the law’s requirements or face penalties. The State’s lawmakers decided that, when buying certain used cars, the public should be protected from lemon vehicles by having a right to recover from the selling dealers a refund of the vehicle’s purchase price, less a deduction for sales taxes, title and registration fees or other similar government charges, a reasonable allowance for any excessive wear and tear and a deduction for personal use. Under the New Jersey Used Car Lemon Law, used car dealers must provide buyers of certain used vehicles purchased after July 3, 1996 with warranties. In addition, the New Jersey Used Car Lemon Law prohibits used car dealers from engaging in certain types of conduct regardless of whether the purchaser is entitled to a warranty.

New Jersey Wheelchair Lemon Law

A lemon law that protects buyers of defective motorized wheelchairs and scooters. A "lemon" vehicle is one that exhibits a substantial problem or problems following repair attempts made to it. Motorized wheelchairs and scooters can cost up to $20,000.00.  Accordingly, ’s lawmakers decided that the public should be protected from lemon motorized wheelchairs and scooters by having a right to sue the vehicle’s manufacturer for a refund of the vehicle’s purchase or lease price, less a reasonable use allowance deduction. Under ’s Wheelchair Lemon Law, manufacturers must provide the car buyers of wheelchairs and scooters a minimum warranty of 1 year beginning from the time of delivery for defects or conditions impairing the vehicle’s value and follow other requirements of the Wheelchair Lemon Law.

New motor vehicle (New Jersey Motor Vehicle Code)

Only a newly manufactured motor vehicle, except a nonconventional type motor vehicle, and includes all such vehicles propelled otherwise than by muscular power, and motorcycles, motorized bicycles, trailers and tractors, and manufactured homes not subject to real property taxation pursuant to P.L.1983, c.400 (C. 54:4-1.2 et seq.), excepting such vehicles as run only upon rails or tracks and manufactured homes subject to real property taxation.

Nonconformity

A defect or condition which substantially impairs the use, value or safety of a motor vehicle.

Non-original manufacturer's part (New Jersey Service Contract Act)

Means a replacement part not made for or by the original manufacturer of the property, commonly referred to as an "after market part."

Office of Administrative Law (OAL)

An agency of the executive branch established in1979 to act as an independent reviewer of certain disputes arising from agency actions and to act as an independent reviewer court for agency compliance with rulemaking procedures. The Office of Administrative Law’s director, who is also the Chief Administrative Law Judge, presides over the Office of Administrative Law and reports directly to the Governor. The Office of Administrative Law is responsible for handling certain types of administrative hearings, including lemon law disputes that qualify as contested Lemon Law cases. However, the Office of Administrative Law does not provide consumers with legal representation and does not hear all types of warranty disputes involving vehicles. If an agency determines that a new or New Jersey Used Car Lemon Law dispute meets the requirements for a contested case, a state agency transmits the contested case to the OAL. Consumers do not apply directly to the OAL for a hearing. A Administrative Law Judge (ALJ) hears the contested case under rules established by statute and by the OAL. The ALJ provides a neutral forum where the evidence of all parties to a Lemon case is presented. The ALJ, as a full time officer of the OAL, is not permitted to hold other employment. He or she is appointed by the Governor and confirmed by the Senate for a one-year term. After this initial term, the Governor may reappoint the ALJ to a four-year term. Any subsequent reappointment is to a five-year term and requires Senate confirmation.

Provider (New Jersey Service Contract Act)

A person who is contractually obligated to the service contract holder under the terms of the service contract.

Provider fee (New Jersey Service Contract Act)

The consideration paid by a consumer for a service contract, and is not subject to any premium tax.

Purchaser

A person who takes possession of a motor vehicle by transfer of ownership, either for use or resale, except a dealer when he takes possession through a certificate of origin.

Reasonable allowance for vehicle use (New Jersey New Car Lemon Law)

The mileage at the time the consumer first presents the motor vehicle to the dealer or manufacturer for correction of a nonconformity times the purchase price, or the lease price if applicable, of the vehicle, divided by one hundred thousand miles.

Reimbursement insurance policy (New Jersey Service Contract Act)

A policy of insurance issued to a provider to either provide reimbursement to, or payment on behalf of, the provider under the terms of the insured service contracts issued or sold by the provider, or, in the event of the provider's non-performance, to provide or pay for, on behalf of the provider, all covered contractual obligations incurred by the provider.

Repair insurance

A contract in writing to refund, repair, replace, maintain or take other action with respect to a used motor vehicle for any period of time or any specified mileage and provided at an extra charge beyond the price of the used motor vehicle.

Revocation of acceptance

A buyer’s rejection of a vehicle or product. Under the Uniform Commercial Code, in certain situations, a buyer of a defective vehicle or product, including items that do not meet the terms of any warranties issued with the vehicle or product (or arising as a matter of law), may revoke acceptance of the vehicle or product due to defects. Before filing a Lemon Law lawsuit or demanding arbitration, you may have to make a specific and proper revocation of acceptance demand for the seller of a product or issuer of a warranty or service contract associated with a product to provide you legal relief. To make certain that the demand takes the correct form, you should have an attorney prepare this demand for you.

Seller (New Jersey Motor Vehicle Code)

Manufacturer, dealer, lessor, bailor, transferor with or without a security interest, and any other person selling, attempting to sell, or delivering a motor vehicle, and their legal successors in interest.

Service contract (New Jersey Service Contract Act)

A contract or agreement between a provider and a consumer for any duration, for a provider fee or other separately stated consideration, to perform, or to provide indemnification for the performance of, the maintenance, repair, replacement, or service of property for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear, and which may include additional provisions for incidental payment of indemnity under limited circumstances. In the case of a motor vehicle, such circumstances may include towing, rental, and emergency road services, and other road hazard protections. A service contract may provide for the maintenance, repair, replacement, or service of the property for damage resulting from power surges or interruption, or accidental damage from handling. A service contract also includes a motor vehicle ancillary protection product. Service contracts may provide for leak or repair coverage to house roofing systems. A "service contract" does not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communication services or a contract in writing related to the delivery of satellite television or broadband communication services.

Service contract holder or contract holder (New Jersey Service Contract Act)

A consumer who is the purchaser of a service contract or is entitled to the contractual benefits under the terms of the contract.

Used motor vehicle (New Jersey Used Car Lemon Law)

A passenger motor vehicle, excluding motorcycles, motor homes and off-road vehicles, title to, or possession of which has been transferred from the person who first acquired it from the manufacturer or dealer, and so used as to become what is commonly known as "secondhand," within the ordinary meaning thereof but does not mean a passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, which is sold by the lessor to the lessee, or to a family member or employee of the lessee upon the termination of the lease agreement.

Used motor vehicle (New Jersey Motor Vehicle Code)

Every motor vehicle and motorized bicycle, except a nonconventional type motor vehicle, title to, or possession of, which has been transferred from the person who first acquired it from the manufacturer or dealer, and so used as to become what is commonly known as "secondhand" within the ordinary meaning thereof, and includes every motor vehicle and motorized bicycle other than a "new motor vehicle," a "nonconventional type motor vehicle" or a manufactured home subject to real property taxation.

Used motor vehicle dealer (New Jersey Motor Vehicle Code)

A person engaged in the business of selling, buying or dealing in used motor vehicles, and who has an established place of business.

Warranty

Any undertaking in connection with the sale of a vehicle, to refund, repair, replace, maintain or take other action with respect to the vehicle and which is provided at no extra charge beyond the price of the vehicle. new cars are normally sold with written warranties. Some used cars are supposed to be sold with written warranties. New cars are commonly sold with warranties.

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 licensed attorney. Call Perlman DePetris Consumer Law for a no obligation phone consultation.