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What is the Lemon Law in New Jersey?
In the state of New Jersey, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the New Jersey Lemon Law?
New Jersey lemon law covers new passenger vehicles, combination vehicles, SUVs, trucks, business vehicles, RVs, and motorcycles that are purchased, leased, or registered in New Jersey. If you are not the original owner of the vehicle, but your vehicle meets all of the requirements, it is covered under New Jersey lemon law.
In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first two years from the original owner’s delivery date or the first 24,000 miles on the odometer (whichever period ends first)
- Has been taken in three times for the same problem or if it has been out of service for 20 days due to a series of unrelated problems
New Jersey Revised Statutes Section 56:12-29 to 56:12-70 is the state’s lemon law.
Don’t be stuck with a lemon. You have legal rights to cash, return or buyback.
The law makes car manufacturers pay legal fees.
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Does the New Jersey Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the NJ Lemon Law.
Getting Lemon Justice — Relief Under New Jersey Lemon Law
New Jersey lemon law provides several options for a successful lemon law claimant. The manufacturer may offer to replace your vehicle, but you do not have to accept the offer and can instead demand a refund. If you choose to receive a refund, you will receive the full purchase price, less an allowance for your use of the vehicle. The full refund can include:
- Credits and allowances for a trade-in
- Costs of options added by the manufacturer or dealer within 30 days of the original delivery date
- Cost of sales tax, license and registration fees, and finance charges
- Towing
- Cost of vehicle repairs that you paid for
- Cost of renting a similar vehicle while yours was out of service
- Attorney’s fees
- Expert witness fees
- Lemon law filing fee
The amount deducted for using the vehicle is calculated by taking the purchase price multiplied by the mileage at the time the vehicle was first brought in for repair, divided by 100,000 miles.
If you choose to participate in the Division of Consumer Affairs’ Automotive Dispute Resolution Program and you win your case, or if you win in court, you can receive the following:
- Refund of your vehicle purchase price or leasing costs
- Finance charges
- Reasonable attorney’s fees
- Lemon law filing fee
- Cost of vehicle repairs that you paid for
- Cost of renting a similar vehicle while yours was out of service
Pursuing a NJ Lemon Law Claim
Under New Jersey lemon law, you must send the manufacturer a letter stating that you may have a claim and that you are giving the manufacturer one last chance to repair the defect. The letter can be sent after your vehicle has had two repair attempts for the same problem or it has been out of service for a cumulative totally of 20 days for one or more problems. If the problem is a serious safety defect, you can send the letter after one repair attempt.
You should send the letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
The manufacturer has 10 days to attempt a final repair. If the defect is not repaired and the manufacturer won’t give you a refund or a replacement vehicle,
If the manufacturer doesn’t accept your lemon law claim, and will not refund your money or replace your vehicle, you have three choices: use the Division of Consumer Affairs’ Automotive Dispute Resolution Program; use the manufacturer’s dispute settlement program; or go to court.
The Dispute Resolution Program allows you to have your case heard by an administrative law judge in the Office of Administrative Law. Once your application is accepted, your hearing will be scheduled within 20 days. Likewise, a decision will be issued within 20 days of your hearing. The director of the Division of Consumer Affairs can accept, modify, or reject the decision. If no action is taken by the director, the decision of the administrative law judge becomes final.
You or the manufacturer can file an appeal in superior court within 45 days of the final decision.
Hiring a Lemon Law Lawyer in New Jersey
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a New Jersey lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
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