The New Jersey Lemon Law is a consumer protection statute designed to safeguard car buyers from defective vehicles. This comprehensive guide will help you navigate the complexities of the law, ensure you know your rights, and arm you with the tools to seek resolution when faced with a lemon.
When Does the New Jersey Lemon Law Apply?
The New Jersey Lemon Law applies to new and used passenger vehicles, including cars, trucks, and motorcycles, that are either purchased, leased, or registered in the state. The law covers vehicles within the first 24 months or 24,000 miles, whichever occurs first, after the original delivery date.
Identifying a Lemon in New Jersey
A vehicle is considered a lemon under New Jersey law if it meets the following criteria:
- Substantial Defects: The vehicle must have a substantial defect that impairs its use, value, or safety.
- Manufacturer’s Attempts: The manufacturer or its authorized dealer has attempted to repair the defect at least three times without success.
- Out of Service: The vehicle has been out of service for a total of 20 or more calendar days due to the defect.
New Jersey Lemon Law Presumption Period
The presumption period is crucial in determining if your vehicle is protected under the NJ Lemon Law. During the first 24 months or 24,000 miles, if any of the above conditions are met, the vehicle is presumed to be a lemon. It is essential to keep detailed records of all repair attempts and days out of service to strengthen your case.
Seeking Resolution Under the NJ Lemon Law
Once you have identified your vehicle as a lemon, follow these steps to seek resolution:
- Notify the Manufacturer: Send a certified letter to the manufacturer, stating your vehicle’s defects and requesting a final repair opportunity. Include copies of all relevant documents, such as repair orders and invoices.
- Manufacturer’s Response: The manufacturer has 10 days to respond and schedule a final repair attempt. If unsuccessful, the manufacturer must replace or repurchase the vehicle.
- Pursuing Arbitration: If the manufacturer fails to respond or resolve the issue, consider pursuing arbitration through the New Jersey Division of Consumer Affairs or other qualified third-party programs.
- Hiring an Attorney: If arbitration is unsuccessful or if you prefer legal representation, hire a qualified lemon law attorney to guide you through the process and protect your rights.
Replacement or Repurchase of a Lemon Vehicle
Under the New Jersey Lemon Law, manufacturers must replace or repurchase a lemon vehicle. The choice is typically up to the consumer. Here are the details of each option:
- Replacement: The manufacturer must provide a comparable new vehicle of the same make and model or a similar one with equal value.
- Repurchase: The manufacturer must refund the full purchase price, including taxes, fees, and other charges, minus a reasonable allowance for use.