Lemon Laws and Consumer Rights in New Jersey for New and Used Cars
The New Jersey Lemon Law provides many options for aggrieved consumers. There is a new car lemon law and there is a used car Lemon Law. Both the new car Lemon Law and used car Lemon Law protect consumers to purchase lemons. Most vehicles are covered. If you buy a vehicle from the dealer and was never previously titled war it was only used as a demo you can make a lemon law claim car.
The New Jersey used car lemon law is somewhat more complicated. It only applies to vehicles that are less than a 8 model years old and contain less than 100,000 miles at the time of purchase.Under the New Jersey used car lemon law the also restrictions on when the dealer must receive certain types of notice from the aggrieved consumers.If your car is a lemon the impact on your life is significant: how will you get to work, shuttle the kids around or leave the house? Mass transit is not an option. You need to take advantage of the New Jersey Lemon Law and fight back and force the manufacturer to repurchase your car. If the use, value or safety of your car has been substantially affected or impaired you can have your car repurchased with attorney fees and the cost reimbursed. You can also get your money back if the dealer has taken too long to fix the car. Yes, that is correct: even if the dealer fixes the car, but it takes too long, you can get your money back.
New Jersey has some of the strongest consumer laws in the country to protect you if your car is defective or is in the shop too long. You have a way to fight back and protect your family. Take advantage. The New Jersey Lemon Law is a very powerful tool for consumers who believe they have been aggrieved as a result of the condition of their vehicles substantially affecting the use, value and safety of that automobile.
The New Jersey Lemon Law has certain threshold requirements. These threshold requirements for the New Jersey Lemon Law are different depending on whether you choose to proceed to Superior Court or to the Administrative Court. The difference between these two courts for New Jersey Lemon Law is that in the Administrative Court you do not receive a jury, but rather a judge alone determines whether or not your vehicle is a lemon under New Jersey Lemon Law. In the Superior Court system, a jury could potentially determine whether or not your alleged lemon is a lemon under the New Jersey Lemon Law.
There are significant time differences between proceeding in Administrative Court for lemon law claim and in Super Court for lemon law claim. In the administrative context, the hearing usually occurs in 30 to 90 days from the filing of the claim. A judge will then hear your case, hear the manufacturer’s case, and make a decision within 30 days unless there are any supplements to the record. In the context of a lemon law claim filed in Superior Court, it takes significantly longer. It is also more expensive. It is $250 to file a lemon law complaint in Superior Court and it takes approximate a year to a year-and-a-half until you have the opportunity to get to a judge or jury. A jury then will determine whether or not your vehicle is a lemon under the New Jersey Lemon Law.
In proceeding with a lemon law claim under the New Jersey Lemon Law, you should be mindful that it is your burden to demonstrate that the vehicle’s use, value and safety have been substantially impaired. If the manufacturer is unable to repair the vehicle in three attempts and a certified letter was sent to the manufacturer, then it is presumed that the vehicle is a lemon and it is the obligation of the manufacturer to rebut this presumption. Even if the manufacturer fixes your vehicle under the demand letter for the New Jersey Lemon Law, if they take too long, you are entitled to a verdict determining that your vehicle is a lemon under New Jersey Lemon Law. The manufacturer is obligated to repair all warranted issues within a reasonable time period. If they do not remedy the defects within a reasonable time, you are entitled to remedies under the New Jersey Lemon Law.
If the manufacturer is required to repurchase the vehicle under the New Jersey Lemon Law, they would be entitled to a mileage credit from the first repair attempt for the alleged defect. This must be done within a certain amount of time and the title must be branded as a lemon under the New Jersey Lemon Law.
New Jersey State publication on Lemon Law rights.
Lemon Law checklist