10 NEW JERSEY USED CAR LEMON LAW FREQUENTLY ASKED QUESTIONS

There are many defenses to used car lemon claims, such as the following:

• The vehicle wasn’t sold by a person selling or offering for sale the car, truck or SUV selling or offering for sale 3 or more used vehicles in the previous 12 month period or a leased by 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 consumer who is not the lessee, or a family member or employee of the lessee upon the termination of the lease agreement.
• The vehicle was purchased for the purpose of resale.
• The vehicle wasn’t the subject of a “sale” (the transfer of title of a used vehicle from the owner-seller to the purchaser-consumer) but was one where the owner-seller obtained title to or was granted the right to sell a used vehicle by operation of law.
• The vehicle was sold by a public entity or unit of the government.
• The vehicle wasn’t the type normally used for personal, family or household purposes
• The vehicle wasn’t a passenger motor vehicle or instead was a motorcycle, motor home or off road vehicle.
• The vehicle wasn’t 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.
• The vehicle wasn’t purchased for over $3,000.
• The vehicle wasn’t less than 7 model years old at time of sale.
• The vehicle was declared a total loss by an insurance company.
• The vehicle was equipped with an odometer that registered over 100,000 miles at time of sale.
• The vehicle was the subject of a written waiver of the buyer’s right to a warranty from the selling dealer (if the vehicle had over 60,000 miles).
• No used car lemon law warranty applied to the vehicle.
• No problems covered by the vehicle’s used car lemon law warranty occurred during the car, truck or SUV’s warranty period, which is defined as follows:
  • 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 Lemon Law.
• The consumer failed to give the dealer or its agent 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 corrected the complained of material defects 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
  • which substantially impairs the car, truck or SUV’s use, value or safety
• The complained of defects weren’t “material defects” being defined as:
  • malfunction of a used vehicles
  • subject to the car, truck or SUV’s warranty
  • which substantially impair the car, truck or SUV’s use, value or safety
• The vehicle’s defects are the result of any of the following:
  • abuse, improper maintenance, neglect, modification or alteration of the vehicle or collision caused by someone other than the dealer.
  • damage of a covered item caused by of any commercial use of the vehicle.
  • damage of a covered item caused by operation of the vehicle without proper lubrication or coolant.
• The complained of defects didn’t involve components covered by the Lemon Law warranty, because the defect didn’t involve any of the following:
  • 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.