THE NEW JERSEY LEMON LAW PRESUMPTION

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INTRODUCTION

This article discusses the New Jersey New Car Lemon Law presumption and does not discuss the New Jersey Used Car Lemon Law, which is discussed elsewhere on this website.

WHAT IS THE NEW JERSEY LEMON LAW PRESUMPTION?

The New Jersey Lemon Law presumption is also known as the New Jersey Lemon law 3 repair attempt rule. Under the presumption, the vehicle is presumed to be a “Lemon” if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the vehicle to a buyer or lessee, whichever is the earlier date:

  • Substantially the same defect has been subject to repair three or more times by the manufacturer or the manufacturer’s car dealer (other than a Car defect likely to cause death or serious bodily injury if the vehicle is driven) and the defect continues to exist; or
  • The vehicle is out of service by reason of repair for one or more defects for a cumulative total of 20 or more calendar days or in the case of a motorhome, for 45 or more calendar days, since the original delivery of the vehicle and the vehicle’s defect continues to exist; or
  • A car defect likely to cause death or serious bodily injury if the vehicle is driven has been subject to examination or repair at least once by the manufacturer or the manufacturer’s car dealer and the defect continues to exist.

The two-year term and the 20-day period, or 45-day period for motorhomes is extended by any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood, or other natural disaster.

HOW DOES A VEHICLE QUALIFY FOR THE NEW JERSEY LEMON LAW PRESUMPTION?

For a vehicle to qualify for the New Jersey Lemon Law presumption, the manufacturer must receive written notification, or, in the case of an authorized emergency vehicle, the manufacturer, and co-manufacturer or post-manufacturing modifier, if known, or the dealer or distributor, has received written notification, by or on behalf of the consumer, by certified mail return receipt requested, of a potential claim pursuant to the provisions of this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification.

In the case of a motorhome where two or more manufacturers contributed to the construction of the motorhome, or in the case of an authorized emergency vehicle, it shall not be considered as any examination or repair attempt if the repair facility at which the consumer presented the vehicle is not authorized by the manufacturer, co-manufacturer, or postmanufacturing modifier to provide service on that vehicle.

It shall be considered as one examination or repair attempt for a motorhome if the same nonconformity is addressed more than once due to the consumer's decision to continue traveling and to seek the repair of that same nonconformity at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

WHEN DOES A CONSUMER SEND THE NOTICE REQUIRED UNDER THE NEW JERSEY LEMON LAW PRESUMPTION?

The consumer sends the New Jersey Lemon Law presumption notice to the manufacturer:

  • within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the vehicle to a buyer or lessee, whichever is the earlier; and
  • any time after the vehicle has had substantially the same defect subject to repair two or more times; or
  • any time after the vehicle has been out of service by reason of repair for a cumulative total of 20 or more calendar days; or
  • in the case of a motorhome, any time after the vehicle has been out of service by reason of repair
  • for a cumulative total of 45 or more calendar days; or
  • for a defect which is likely to cause death or serious bodily injury if the vehicle is driven, the defect has been subject to examination or repair at least once by the manufacturer or the manufacturer’s car dealer, and the defect continues to exist.

HOW DOES A CONSUMER TAKE ADVANTAGE OF THE LEMON PRESUMPTION?

At the appropriate time, your lemon attorney can prepare and forward the manufacturer the written notice required for the New Jersey Lemon Law presumption to apply under the New Jersey Lemon Law. By sending that letter, the consumer is giving the manufacturer another chance to fix the car within a specific time frame. If the notice is completed improperly, the mistake could affect your chance to claim the presumption. If the manufacturer acts on the consumer’s offer for the manufacturer to make a final repair attempt, the consumer must make the vehicle available to the manufacturer for that final repair attempt.

DO I HAVE TO MEET THE LEMON PRESUMPTION TO WIN MY LEMON CASE?

Meeting the New Jersey Lemon Law presumption is not a requirement under the Lemon Law. This means the 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. Further, even compliance with the presumption’s written notice requirement does not assure that you shall win your Lemon lawsuit.

IF I QUALIFY FOR THE NEW JERSEY LEMON LAW PRESUMPTION DO I AUTOMATICALLY WIN MY LEMON CASE?

Consumers can lose a case even after going through the trouble of getting the lemon presumption. Consumers can win a New Jersey Lemon Law case without wasting their time with complying with the lemon presumption requirements. Many Lemon Law cases do not qualify for the Lemon Law presumption but they are still successful Lemon Law cases. Also, even if you or your Lemon attorney do what is necessary to get the Lemon Law presumption, don’t expect the manufacturer to simply give up defending the Lemon case – the Lemon manufacturer can still beat you! To win a Lemon Law claim, you do not have to write any letters!!!!

WHAT DAMAGES CAN I RECOVER IF I PROVE THAT MY CAR IS A LEMON UNDER THE LEMON LAW?

If the consumer files a lawsuit against a manufacturer under the New Jersey Lemon Law and proves all of the elements for a New Jersey Lemon Law case, then the court shall award the consumer a New Jersey Lemon Law refund. Normally, the refund is contained in an arbitration award reduced to a judgment by the court or in a judgment entered by the court. The court is responsible for actually calculating the New Jersey Lemon Law refund by determining the dollar amount of the refund. To receive the refund, the consumer must make arrangements with the manufacturer to accept return of the vehicle.

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 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.