New Jersey’s lemon laws protect owners of both new and used vehicles. The lemon laws work to ensure that if you purchase a faulty vehicle with a significant defect, you are able to return it for a refund of your purchase price or the replacement of your vehicle with one of equal or greater MSRP.
There are certain caveats that must be followed, so it is important to seek legal guidance. The New Jersey lemon laws also provide for the payment of attorney fees and costs should you prevail, so there’s no reason not to contact one of our experienced attorneys today for a free consultation.
How NJ Defines What a Lemon Car Is:
While the new and used car lemon laws differ in many ways, but what remains the same is that each requires your motor vehicle to be returned to the dealership multiple times for the same defect or be out of service for an unreasonable amount of time. Your vehicle must also have a nonconformity that substantially impairs the use, value or safety of your vehicle.
Watch Attorney Emma Robison explain the New Jersey Lemon Law:
New Jersey Lemon Law Requirements
New Car Lemon Law in NJ
- The defect must occur within the first two years or twenty-four thousand miles, whichever occurs first.
- It must take an authorized dealership an unreasonable number of repair attempts or days out of service to resolve the defect.
This means 3 or more visits to the dealership for the same defect, or 20 or more cumulative days out of service.
- There is a caveat in NJ lemon law that only allows one repair attempt for a defect that can cause serious bodily injury or harm.
- The defect must also substantially impair the vehicle’s use, value or safety.
Used Car Lemon Law in NJ
New Jersey’s used car lemon law protects consumers who purchase or lease vehicles from dealerships within NJ. The used car lemon law requires a certain number of visits shortly after purchase, so it is important to return to the selling dealer at the first sign of trouble.
Used Car Lemon Law Requirements:
- The vehicle must be less than seven years old and have fewer than 100,00 miles on the odometer at the time of purchase.
- The vehicle must be purchased from a dealership, not a private seller.
- The purchase price must be at least $3,000.
- The defect must be unresolved after three repair attempts and/or twenty cumulative days out of service during the warranty period.
- After the failed second attempt or twenty days out of service, a certified letter must be sent to the selling dealer.
Used Car Dealer Warranty
The lemon law warranty provided by the dealer varies according to the vehicle’s mileage at the time of purchase:
- 0-24,000 miles, the dealership must provide a warranty for 90 days or 3,000 miles, whichever comes first.
- 24,000-60,000 miles, the dealership must provide a warranty for 60 days or 2,000 miles, whichever comes first.
- 60,000-100,000 miles, the dealership must provide a warranty of 30 days or 1,000 miles, whichever comes first.
Used Car Parts Coverage
The warranty must at least cover:
- 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.
- Transmission Automatic/Transfer Case: all internal lubricated parts, transmission mounts, seals and gaskets (excluding manual clutch), pressure plate, throw-out bearings, clutch master or slave cylinders.
- Transfer Manual/Transfer Case: all internal lubricated parts, transmission mounts, seals and gaskets (excluding 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, bearings and gaskets.
Breach of Warranty
- If a vehicle is outside the new car lemon law limits, it may still be covered under the Magnuson-Moss Warranty Act.
- If the vehicle is still covered by the original manufacturer’s warranty, you may have a claim.
- , the defect must be subject to repair and an unreasonable number of times, including:
- 3 visits to the dealership for the same problem
- 30 or more cumulative days out of service
- If a defect arises within the warranty period and continues thereafter, the manufacturer may still be responsible.
- Damages under breach of warranty include the diminished value of the vehicle or the difference at the date and time of purchase between the vehicle you purchased and the vehicle you ultimately received.
Exceptions to NJ Lemon Laws
- Does not apply to motorcycles, off-road vehicles, the living portion of a motor home, and commercial vehicles. Also does not apply to vehicles that still have the original manufacturer’s warranty.
- A claim must be brought within four years after the date of purchase.
- There are caveats and exceptions to this rule that may extend this requirement.
- Does not apply to vehicles with 60,000 or more miles when the warranty has been waived and the car is sold “as is.”
- Does not apply to salvaged vehicles or those that have been modified, abused or not maintained by the consumer.
New Jersey Lemon Laws Cases
We have successfully obtained a repurchase or replacement vehicles for consumers who experienced recurring transmission, engine and suspension failures. Vehicles do not automatically qualify for lemon law no matter how severe the defect, so it is important to have an experienced attorney by your side to ensure your rights are enforced to the fullest extent. As time is a crucial component to lemon law, contact use today for a free evaluation to best protect your claim.
Talk to an experienced Lemon Lawyer and Get a Free Case Evaluation
New Jersey Lemon Law has requirements in place when you believe your vehicle to be a lemon that must be followed to have the advantage of certain presumptions under the law. The same can be said for Pennsylvania Lemon Law, New York Lemon Law and Maryland Lemon Law as well.
To make sure each requirement is met, speak with one of our experienced attorneys today, at no cost to you, about how to best pursue your claim.
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