Lemon Law
What happens if that new car or motorcycle you bought turns out to be a lemon? Under the New Jersey Lemon Law you may be entitled to reimbursement or a new car or motorcycle.
The Lemon Law applies to anyone who buys, leases, or registers a new car or motorcycle in New Jersey. The intent of the law is to require the manufacturer of a new motor vehicle to correct the defects that are originally covered under the manufacturer’s warranty and are identified and reported within 18,000 miles or two years, whichever comes first.
To qualify under the Lemon Law, the defect must substantially impair the use, value or safety of your vehicle.
What is NOT Covered:
- The Lemon Law does not cover vehicles registered for commercial use.
- The Lemon Law does not cover the living quarters of motor homes.
- The Lemon Law does not cover the defects caused by accident, vandalism, abuse or neglect.
- The Lemon Law does not cover defects caused by attempts to repair or modify the vehicle by a person other than the manufacturer, its agent or authorized dealer.
ENFORCING YOUR RIGHTS
If the manufacturer does not accept your Lemon Law claim and will not refund your money or replace your vehicle, you have three choices.
You may:
- ask for a hearing through the Division of Consumer Affairs’ Lemon Law Dispute Resolution Program;
- send your complaint to the manufacturer’s informal dispute settlement program; or
- file a civil action in court.
Resolution through the Division
The Lemon Law gives consumers the chance to have their cases heard before an administrative law judge in the Office of Administrative Law.
You have the right to hire an attorney. An attorney is not required for this hearing but it may be to your advantage to have one present.
The Lemon Law Unit does not provide legal representation for the consumer. The manufacturer, however, will be represented by an attorney.
If you are successful in proving your case, you will be reimbursed any reasonable attorney’s fees incurred.
Important:
To qualify for a hearing before an administrative law judge:
You must have allowed the manufacturer three chances to repair substantially the same defect(s) OR your vehicle must have been out of service due to repairs for a total of 20 cumulative calendar days for a single problem or a series of problems.
You must have notified the manufacturer in writing of its final chance to repair the defect, within the term of protection: 18,000 miles or two years, whichever occurs first.
You must have given the manufacturer that final chance to repair the vehicle, and you must have the certified mail return receipt proving that the manufacturer received the "final chance" notification.
Any Questions?
This information is just a guide. If you have a question or are uncertain about a particular aspect of the Lemon Law, you can get in touch with the NJ Division of Consumer Affairs, PO Box 45026, Newark, NJ 07102, 973-504-6226. In addition, the Lemon Law Unit will provide, upon request, a guideline booklet to the New Jersey Lemon Law, and the manufacturer’s address.
For detailed information, follow this link:
Page Last Updated: 12/5/2019 1:19:00 PM