So, you bought a new car, and it’s a dud? “Lemon laws” are in place to protect consumers from getting stuck with defective vehicles. These laws provide ways to get your money back or get a replacement vehicle if your new car has significant problems that the manufacturer can’t seem to fix after a reasonable number of attempts.
This article will cover the key things you need to know about the New Jersey Lemon Law, including who’s eligible, how to file a claim, and what you can expect as an outcome.
It’s important to understand your rights as a consumer in New Jersey, especially when you’ve made a significant purchase like a car.
What vehicles are covered under the New Jersey Lemon Law?
The New Jersey Lemon Law mainly applies to passenger cars and motorcycles that were bought, leased, or registered in the state.
The law covers both new and used vehicles that are still under the manufacturer’s warranty. However, coverage is limited to the first 24,000 miles or the first 2 years after the original purchase date—whichever comes first.
Exclusions
Living spaces in motor homes aren’t covered under the Lemon Law.
Whether vehicles registered for commercial use are covered depends on the specific circumstances of the case.
Eligibility requirements for a New Jersey Lemon Law claim
To pursue a lemon law case in New Jersey, you’ll need to show that your vehicle meets certain criteria. Here are the key things to consider:
- Substantial Defect: Your car must have a problem that significantly affects its use, how much it’s worth, or its safety. This is the core of any lemon law claim.
- Warranty Period: You need to report the defect to the car’s manufacturer or dealership while the warranty is still active. Keep records of all repair attempts and conversations.
- Reasonable Repair Attempts: You must give the manufacturer a fair chance to fix the problem. There’s no magic number of repair attempts, but repeated attempts build a stronger case.
- Current Problem Not Required: The problem doesn’t have to be happening right now for you to file a claim.
How to file a lemon law claim in New Jersey
If you think your new car is a lemon, here’s how to pursue a claim in New Jersey.
Gather information
Collect all the important information about your vehicle, including:
- Your name and address
- The Vehicle Identification Number (VIN)
- The make, model, and year of the car
- A description of the problem you’re experiencing
- The car’s current mileage
Notify the manufacturer
Let the manufacturer know in writing about the defect and give them a chance to fix it.
Explore dispute resolution options
Consider using the BBB AUTO LINE, a free resource that can help you resolve warranty disputes without hiring a lawyer.
You can also file a lawsuit, but it’s a good idea to talk to an attorney first.
Prove your case
You’ll need to show that your vehicle has a significant defect that affects its use, value, or safety. Be sure to provide evidence of all the repair attempts and show how the manufacturer failed to fix the problem within a reasonable timeframe.
How manufacturers can fight lemon law claims
Even if your car meets the requirements of New Jersey’s lemon law, the manufacturer may try to deny your claim. Here are some defenses they might use:
- The defect isn’t substantial: They may claim the problem is minor and doesn’t really affect how the car drives or its value.
- You caused the defect: They might say the problem is because you abused the car, didn’t maintain it properly, or made unauthorized changes. Keeping good maintenance records can help you fight this.
- You didn’t report the defect in time: They could argue that you waited too long to report the issue, either after the warranty expired or a long time after you noticed the problem.
What remedies are available to consumers under the New Jersey Lemon Law?
If you can prove your car is a lemon under New Jersey law, you may be entitled to a full refund of the purchase price. The refund will include the cost of the vehicle itself, plus taxes and other fees you paid when you bought it.
However, the manufacturer may reduce the refund to account for your use of the car. This allowance is based on how many miles you drove before you first reported the defect.
In some cases, the manufacturer might offer you a replacement vehicle instead of a refund. It’s up to you to decide whether to accept that offer.
The importance of legal counsel
The New Jersey Lemon Law can be difficult to navigate on your own, so it’s best to seek legal counsel.
A lawyer can help you understand your rights, collect evidence, and negotiate with the vehicle’s manufacturer. Many attorneys offer free consultations, so you can discuss your case at no cost.
Conclusion
If you’ve bought or leased a lemon, you should know that New Jersey law provides important safeguards for consumers like you. But to take advantage of these protections, you need to know your rights and follow the correct procedures.
Successfully navigating a lemon law claim can be complex, so it’s often a good idea to seek legal advice. An experienced attorney can help you understand your options and significantly increase your chances of a favorable outcome, whether that’s a refund, a replacement vehicle, or other compensation.