NEW JERSEY LEMON CAR INFORMATION

INTRODUCTION

This article only discusses cars subject to the New Car Lemon Law. The New Jersey Used Car Lemon Law is an entirely different law discussed in a separate article located on this website.

THE HEADACHE OF NEW JERSEY LEMON CARS

A New Jersey lemon car is a headache for the average consumer. The New Jersey Legislature decided that the purchase of a new vehicle is a major, high cost consumer transaction and the inability to correct defects in these vehicles creates a major hardship and an unacceptable economic burden on the consumer. The Law is the asprin for that headache that consumers experience when they buy or lease a New Jersey lemon car. The Law requires the manufacturer of a new motor vehicle, or, in the case of a new motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, to correct defects originally covered under warranty which are identified and reported within a specified period. The Law provides procedures to rapidly resolve disputes between a consumer and a manufacturer, co-manufacturer, or post-manufacturing modifier when defects in a new motor vehicle are not corrected within a reasonable time, and to award refunds where the uncorrected defect substantially impairs the use, value, or safety of the new vehicle.

WHAT IS A NEW JERSEY LEMON CAR?

A New Jersey lemon car is a car found to be a lemon by a New Jersey court under the New Jersey New Car lemon law. The law also applies to a truck, SUV, recreational vehicle or motorcycle. However, the Law does not apply to every defect in a car, truck, SUV, recreational vehicle or motorcycle. It is not a guarantee against every defect. It applies to vehicles with one or more problems that substantially impair the use, value or safety of the vehicle. The vehicle must be a passenger automobile (automobile used and designed for the transportation of passengers other than an omnibus or school bus) or motorcycle purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission. The living facilities of mobile homes are excluded from coverage under the law. The person seeking to apply the law must be a buyer or lessee, other than for purposes of resale or sublease, of such vehicle or a person to whom the vehicle was transferred during the duration of a warranty applicable to the vehicle or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.

WHO IS RESPONSIBLE FOR NEW JERSEY LEMON CAR DEFECTS?

Those engaged in the business of manufacturing, assembling or distributing vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new vehicles are responsible for vehicle defects under the New Jersey Lemon Law are responsible for New Jersey Lemon Car defects. Car dealers are not responsible for new car defects under the law.

HOW DO I START MY NEW JERSEY LEMON CAR CASE?

The best way to start a lemon case is to hire an attorney experienced in handling lemon cases. Often, attorneys that handle lemon cases will take the case on a contingency 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. The attorney can file a civil lawsuit in the Superior Court of New Jersey against the manufacturer of the vehicle. While you can file the civil lawsuit yourself, it is very risky to do so, since the manufacturer almost always hires an experienced defense attorney to fight your case.

WHAT ARE THE REQUIREMENTS TO SHOW THAT I HAVE A NEW JERSEY LEMON CAR?

For a car buyer or car lessee to establish a claim under the Lemon Law, they must prove by a preponderance of the credible evidence each of the following five elements of the lemon lawsuit. The elements are:

  • The car buyer or car lessee purchased/leased the vehicle manufactured by the manufacturer.
  • The car, truck, SUV, recreational vehicle, motorcycle or authorized emergency vehicle had a nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of the vehicle.
  • The nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the lemon car buyer or car buyer lessee, whichever is earlier.
  • The car buyer or car buyer lessee reported the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the consumer, whichever is earlier.
  • The vehicle manufacturer, through its authorized dealers, did not repair the nonconformity or non-conformities within a reasonable time.

HOW DO I KNOW IF MY CAR HAS A SUBSTANTIAL IMPAIRMENT UNDER THE NEW JERSEY LEMON LAW?

To substantially impair a vehicle, the defect or condition must impair the use, value or safety of the vehicle in an important, essential or significant way. The term “substantial does not mean a defect, impairment or condition that is minor, trivial or unimportant. In determining whether a defect or condition substantially impairs the use or value of the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle, the court can consider whether the defects or conditions have shaken the car buyer or car lessee’s confidence in the vehicle. If the vehicle’s defect has shaken the car buyer or car lessee’s confidence in the vehicle, this loss of confidence may be the basis for the court to find that the vehicle’s defect has impaired the vehicle’s use or value or safety. The court should consider this from both a subjective and objective point of view. From a subjective standpoint, the defects must be examined from the point of view of the buyer plaintiff or car lessee. From an objective standpoint, the car defects that allegedly have shaken the car buyer or car lessee’s confidence must be consistent with what a reasonable person in the car buyer or car lessee’s position would have believed under the same or similar circumstances. For example, in deciding whether a specific defect or condition substantially impairs the use or value the vehicle, the court may consider whether the specific defect or condition complained of, in fact caused the car buyer or car lessee to lose confidence in this vehicle. Even if the court finds that the car buyer or car lessee’s confidence in the vehicle was shaken, the court should also consider whether or not the specific defect or condition, if any, was such that a reasonable person would have lost confidence in the vehicle.

WHEN IS MY CAR PRESUMED TO BE A LEMON UNDER THE NEW JERSEY LEMON LAW?

It is presumed that the vehicle manufacturer or its dealer is unable to repair or correct the nonconformity within a reasonable time if, within the first 24,000 miles of operation, or during the period of 2 years following the date of original delivery of the vehicle to a consumer, whichever is the earlier date:

  • substantially the same the nonconformity has been subject to repair three or more times by the vehicle manufacturer, or its dealer, and the nonconformity continued to exist; or
  • the car, truck, SUV, recreational vehicle or motorcycle was out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days since the original delivery of the vehicle and the nonconformity continues to exist.

The presumption, however, shall only apply against the vehicle manufacturer, if the vehicle manufacturer has received written notification, by or on behalf of the car buyer or car lessee, by certified mail, return receipt requested, of a potential claim pursuant to this law and has had one opportunity to repair or correct the car defect or condition within 10 calendar days following receipt of the notification. The notification by the car buyer or car lessee shall take place any time after the vehicle has had substantially the same the nonconformity subject to repair two or more times or has been out of service by reason of repair for a cumulative total of 20 or more calendar days.

HOW CAN A MANUFACTURER SHOW THAT MY CAR IS NOT A LEMON UNDER THE NEW JERSEY LEMON LAW?

The manufacturer in a New Jersey Lemon Law case may raise as a defense to car buyer or car lessee claim that the alleged nonconformity does not substantially impair the use, value or safety of the vehicle or that the nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the vehicle by someone other than the manufacturer or its dealer. If the court finds the vehicle manufacturer has proven, by a preponderance of the evidence, that the alleged the nonconformity does not substantially impair the use, value or safety of the vehicle or that the nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the car, truck, SUV, recreational vehicle or motorcycle by someone other than the vehicle manufacturer or its dealer, then the court should find that there is no nonconformity within the meaning of the law. Other defenses to a lemon claim include that the nonconformity didn’t occur during the first 24,000 miles of use, or within two years after the date of original delivery to the vehicle buyer or lessee, whichever is earlier, that the vehicle buyer or lessee failed to report the nonconformity to the manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier and that the vehicle manufacturer, through its authorized dealers, repaired the nonconformity or non-conformities within a reasonable time.

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

If the vehicle manufacturer is unable to correct the nonconformity within a reasonable time, the vehicle manufacturer shall accept return of the vehicle from the car buyer or car lessee. The vehicle manufacturer shall also provide the car buyer or car lessee with a full refund of the purchase/lease price and any other charges, fees and costs, less a reasonable allowance for the use of the vehicle, which shall be calculated by the court.

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 do not fit the requirements of a Lemon Law, you may be entitled to sue the manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.  If the manufacturer or selling dealer breached the warranties that came with your vehicle, you may be able to 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.