Law Office Of Paul DePetris

These pages only discuss the New Jersey New Car Lemon Law.  New Jersey also has a Used Car Lemon Law, which is described elsewhere on this website.

What Is The New Jersey Lemon Law “Presumption”?

Under the New Jersey Lemon Law, a vehicle is presumed to be a “Lemon” if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the vehicle to a consumer, whichever is the earlier date:

• Substantially the same defect has been subject to repair three or more times by the manufacturer or its dealer (other than a defect likely to cause death or serious bodily injury if the vehicle is driven) and the defect continues to exist; or 
• The vehicle is out of service by reason of repair for one or more defects for a cumulative total of 20 or more calendar days or in the case of a motorhome, for 45 or more calendar days, since the original delivery of the vehicle and a defect continues to exist; or 
• A defect likely to cause death or serious bodily injury if the vehicle is driven has been subject to examination or repair at least once by the manufacturer or its dealer and the defect continues to exist; and 
• The manufacturer receives written notification, by or on behalf of the consumer, by certified mail return receipt requested, of a potential New Jersey Lemon Law claim and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. This notification must take place:

• any time after the vehicle has had substantially the same defect 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;
• in the case of a motorhome, 45 or more calendar days; or
• for a defect which is likely to cause death or serious bodily injury if the vehicle is driven, the defect has been subject to examination or repair at least once by the manufacturer or its dealer, and the defect continues to exist.

 The two-year term and the 20-day period or 45-day period for motorhomes for the New Jersey Lemon Law presumption is extended by any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood, or other natural disaster.

In the case of a motorhome where two or more manufacturers contributed to the construction of the motorhome, it shall not be considered as any examination or repair attempt if the repair facility at which the consumer presented the vehicle is not authorized by the manufacturer to provide service on that vehicle.

It shall be considered as one examination or repair attempt for a motorhome if the same defect is addressed more than once due to the consumer's decision to continue traveling and to seek the repair of that same defect at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

Days out of service for reason of repair for a motorhome shall be a cumulative total of 45 or more calendar days.

Your attorney can prepare and forward the manufacturer the written notice required for the presumption to apply under the New Jersey Lemon Law.  If the notice is completed improperly, the mistake could affect your chance to claim the presumption.  However, meeting the presumption is not a requirement under the New Jersey Lemon Law.  This means your vehicle does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs to qualify as a Lemon.  Further, even compliance with the presumption’s written notice requirement does not assure that you shall win your case.  

Should I Wait To See If The Vehicle Is Fixed?

If your vehicle has been at the manufacturer’s dealership at least 20 or more cumulative days for repairs for the same problem or has been subject to repair 3 times for the same problem, you should not wait any longer to ask an attorney to evaluate your claim.  Legal proceedings may take time to be concluded and thus, the longer you wait to find out you have a New Jersey Lemon Law case (or if you have a valid case, to stat the process), the longer you shall likely have to wait to conclude your case.  Delay could hurt your New Jersey Lemon Law case.

What Will Happen If I Do Nothing?

If you have a valid New Jersey Lemon Law claim and you do nothing to enforce your rights, you shall be stuck with your defective vehicle and the seller, manufacturer or warranty provider shall get the best of you.  There are strict time limits for perfecting and filing New Jersey Lemon Law cases.  Since the New Jersey Lemon Law is such a powerful weapon against manufacturers of Lemon vehicles, it is always best to seriously consider making a claim under the New Jersey Lemon Law before it is too late to do so.  It can be very dangerous to read websites and conclude that a particular claim does or does not equal a valid New Jersey Lemon Law claim.  Do not try to interpret the law by reading a website!

What If The Dealer Or Manufacturer Says I Don’t Have A New Jersey Lemon Law Case?

Ignore them and seek competent legal advice.  Only attorneys licensed in New Jersey to practice law are permitted to give legal advice and only they are able to evaluate if you have a valid claim.  Until you speak with an attorney who is knowledgeable about this area of the law, do not draw any conclusions, regardless of what you heard from non-attorneys or read on the web.

What If I Think My Facts Do Not Fit The Lemon Law?

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!  However, even if the facts of your case do not fit the requirements of the 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. 

Does The Law Office Of Paul Depetris Have Experience Handling New Jersey Lemon Law Disputes?

Yes.  Paul DePetris has performed the following tasks:

·         represented consumers, automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners, marinas, junk yard dealers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents in New Jersey disputes.

·         appeared in court in cases involving New Jersey Lemon Law disputes.

·         mediated, arbitrated and tried New Jersey Lemon Law cases.

·         settled New Jersey Lemon Law claims and cases, recovering hundreds of thousands of dollars in money and replacement vehicles for many clients.

·         worked on New Jersey Lemon Law claims and cases involving many types of automobiles, such as those manufactured by General Motors, Chrysler, Ford, Fleetwood, Winnebago, Honda, Toyota, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen.

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:

Mr. DePetris has also appeared in federal courts - the District of New Jersey in Camden, Trenton and Newark and in the Eastern District of Pennsylvania.

Mr. DePetris has handled claims and cases for clients living in Atlantic County, Bergen County, Burlington County, Camden County, Essex County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County and Somerset County.

Mr. DePetris is also the author of the following publications:  New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books, 2007); Learned Professionals, Licensed Semiprofessionals and the Lemon Law:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); and Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

How Do I Find Out If I Have A Case?

 For a no cost phone consultation about what the Firm might be able to do for you, call or write an email to Mr. DePetris at:  609-714-2020 or consumerlaw@newjerseylemon.com.