WHAT IS A LEMON AUTOMOBILE UNDER NEW JERSEY LEMON LAWS?

A "lemon" automobile is one that exhibits a substantial problem or problems following one or more repair attempts made to it.  For new vehicles, contrary to much misinformation spread amongst consumers, a 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.    New Jersey’s lawmakers decided that, since new automobiles were expensive to buy and lease the public should be protected from new lemon automobiles by having a right to sue the manufacturers of new lemon automobiles for a refund of the automobile’s purchase or lease price, less deductions for how many miles the defective vehicle had when the defect was first reported to the manufacturer or its authorized dealership and for wear and tear.  Also since many used car dealers committed fraud when selling used cars, New Jersey’s lawmakers decided that the public should be protected from used lemon automobiles by having a right to sue used car dealers who sold used lemon automobiles.

WHAT IS A LEMON AUTOMOBILE UNDER THE NEW JERSEY NEW CAR LEMON LAW?

The New Jersey New Car Lemon Law applies to the following Automobiles:

·         a passenger automobile

·         a passenger motorcycle

·         motor homes, except their living facilities, which are excluded from the New Jersey New car Lemon Law

·         purchased or leased in the State of New Jersey or which is registered by the Division of Motor Vehicles in the Department of Law and Public Safety

·         purchased or leased by a buyer or lessee, other than for purposes of resale or sublease or transferred to someone during the duration of a warranty applicable to the motor vehicle or operated by any other person entitled by the terms of the automobile’s warranty to enforce the obligations of the automobile’s warranty.

Automobiles covered under the New Jersey New Car Lemon Law are lemons if:

·         a manufacturer or its dealer

·         is unable to repair or correct a defect or condition

·         which substantially impairs the use, value or safety of such a motor vehicle

·         within a reasonable time and during the vehicle’s first 18,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever happens first.

WHAT IS A LEMON AUTOMOBILE UNDER THE NEW JERSEY USED CAR LEMON LAW?

The New Jersey Used Car Lemon Law applies to automobiles which are:

• sold by a person selling or offering for sale the automobile selling or offering for sale 3 or more used motor vehicles in the previous 12 month period or a lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, to a consumer who is not the lessee, or a family member or employee of the lessee upon the termination of the lease agreement.
• not purchased for the purpose of resale.
• the subject of a “sale” (the transfer of title of a used vehicle from the owner-seller to the purchaser-consumer) and not one where the owner-seller obtained title to or was granted the right to sell a used vehicle by operation of law.
• not sold by a public entity or unit of the government.
• the type normally used for personal, family or household purposes
• passenger motor vehicles and are not motorcycles, motor homes or off road vehicles.
• transferred from the person who first acquired it from the manufacturer or dealer and so used as to become what is commonly known as “secondhand” within the ordinary meaning thereof.
• purchased for over $3,000.
• less than 7 model years old at time of sale. 
• never declared a total loss by an insurance company. 
• not equipped with an odometer that registered over 100,000 miles at time of sale.
• not the subject of a written waiver of the buyer’s right to a warranty from the selling dealer (if the vehicle had over 60,000 miles). 

Automobiles covered under the New Jersey Used Car Lemon Law are lemons if:

·         during the automobile’s warranty period, which is defined as follows:  

§  if the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;

§  if the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or

§  If the used motor vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to a warranty as provided under section 7 of this act. 

·         and after a reasonable opportunity to repair the used motor vehicle, meaning that:

§  the used motor vehicle is delivered to the dealer, at his regular place of business, and subject to a deductible amount of $50 to be paid by the consumer for each repair of a covered item

·         the dealer or his agent fails to correct

·         a material defect of the used motor vehicle, with “material defect” being defined as:

§  a malfunction of a used motor vehicle

§   subject to the automobile’s warranty

§   which substantially impairs the automobile’s  use, value or safety

·         And the automobile’s defect is not the result of any of the following:

§  abuse, improper maintenance, neglect, modification or alteration of the vehicle or collision caused by someone other than the dealer.

§  damage of a covered item caused by of any commercial use of the vehicle.

§  damage of a covered item caused by operation of the vehicle without proper lubrication or coolant

Under the New Jersey Used Car Lemon Law, to be a lemon, the automobile’s defect must be a defect in one of the following components of the automobile:

·         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. Note that housing, engine blocks and cylinder heads are covered only if damaged by failure of an internal lubricated part.

·         Transmission Automatic/Transfer Case:  all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals and gaskets.

·         Transmission Manual/Transfer Case:  all internal lubricated parts, transmission mounts, seals and gaskets, but excluding a 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 and bearings, seals and gaskets.

·         Possibly any other component (if any) specifically covered by the dealer’s warranty for the automobile.

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 New Jersey New Car Lemon Law or New Jersey Used Car 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 dealer or manufacturer breached the warranties that came with your automobile, you may be able to recover money damages, attorney’s fees and court costs.

CAN I HANDLE A NEW JERSEY LEMON LAW DISPUTE BY MYSELF?

Some people can and do successfully handle cases themselves, from filing the first paperwork to the collection of a judgment.  However, many other people also make mistakes that lead to the dismissal of their cases or that result in the entry of a money judgment against them.  The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the case.  The following are reasons to use an attorney to handle part or all of your case:

·         court fees often change

·         court rules often change

·         court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees

·         court forms available on websites may not cover every situation you may face in court

·         each case has its own particular legal issues and therefore, its own challenges

·         it is very common for people to file inadequate or incorrect complaints that result in the complaints or answers to complaints being rejected by the court or being dismissed by the court after filing and before or after trial because of procedural deficiencies  

·         it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case. 

·         a court has the power to punish unprepared parties or parties who make mistakes, such as by throwing their case out of court or limiting what they can present at trial. 

·         New Jersey has many published cases, laws, regulations, court rules and rules of evidence that are very tricky and that can be used to prevent you from doing much of what you want to do at trial. 

·         it is very common for courts to refuse to allow a party to use or refer to documents or items at trial that the person themselves never prepared.  Often parties stumble into court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a judge tell the parties that it is not going to even consider such items or documents. 

·         without the proper preparation, items and documents may never be considered by the court.  Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases. 

·         you cannot show up at court expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case.  The judge hearing your case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your case.  No attorney can guarantee results in civil disputes.  Hiring an attorney to handle part or all of your case does not guarantee your success.  However, it may provide the assistance you need to win your case, to settle your case or to avoid certain mistakes.

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

·         won court awards in New Jersey Lemon Law cases

·         won judgments in New Jersey Lemon Law cases

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 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 Consumer Fraud Act:  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 Lemon Law.

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY CASE FROM BEGINNING TO END?

In many situations, the Law Office of Paul DePetris offers alternatives to handling cases for an hourly fee, such as by offering to prepare the court paperwork for you or helping you handle your claim by yourself.  Such flexible methods may allow you to keep the amount legal fees you spend on your case to a fixed sum, while providing you the help you need to handle your 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.