Member of:
New Jersey State Bar Association Badge
LawLine Online Faculty

Lemon Law Branded Titles And Lemon Law Buy Back Damages

NEW JERSEY LEMON LAW CARS

Under New Jersey Lemon Law the manufacturer is required to repurchase the lemon and brand the title with a lemon brand if the consumer is successful. The brand on the title is to assure that subsequent purchasers are on notice as to the buyback status.

The are many thing that have to be done before a car that was lemon can be resold in New Jersey. The are many disclosure requirements for selling used lemon cars.

BRANDED LEMON TITLE AND CONSUMER FRAUD IN NEW JERSEY

In New Jersey and many states when a manufacturer repurchase or buys back a vehicle because it is a lemon there are various branding requirements under the New Jersey Lemon Law. In short, a vehicle that is repurchased because it is a lemon must be branded as a lemon. There must be an actual brand or notation on the title that the vehicle was branded as a lemon. The purpose and intent of requiring a manufacturer who buys back a vehicle which was a lemon, whether it be dangerous or otherwise, there must be notice to a later purchaser of the branded lemon. In New Jersey to resell a branded lemon there are various requirements including specific disclosures which must be signed in writing by the person buying the branded lemon. Lemon law cars that are repurchased must be branded as a lemon law cars. A lemon law attorney was litigated a lemon law case in Tinton Falls or in New Jersey must understand this fact when analyzing a branded lemon case.

The problem arises that there are different laws among the various states as the titling requirements. For example, one state might not require a branded title to be issued. Then that car is sold in that state and moved to another state without a branded title. A subsequent or later purchaser would not be put on notice. New Jersey has taken the position that the title must be branded as a lemon title to put later purchaser on notice. However, a branded or lemon title might not be on the title if it was repurchased in another state. In addition, if the vehicle is not a lemon but repurchased the customer satisfaction the manufacturer may take a different position on that vehicle.

However, various vehicle history reports such as Carfax, track this information and ordinarily would be listed on a Carfax. This is another layer of protection. In fact, Carfax provides certain guarantees or warranties pertaining to the title on the vehicle if it is a salvage, title, or other defective history.

So, if you buy a branded lemon you might have a claim. However, you should check your paperwork to see if you sign the appropriate disclosures under New Jersey law.

The vehicle if purchased would be a used car. You could run a Carfax or auto check to guarantee or check the history of the vehicle. These are useful tools. Nobody wants to buy a used vehicle that is been repurchased a lemon. There is another issue. What if you repurchase a lemon the reasons stated in the paperwork, but that paperwork is inaccurate and the reason it was repurchased are deceptive, misleading or not completely accurate?

What would happen if you asked the selling dealer lied to about the underlying reasons? What if you asked the dealer how the lemon title or the lemon Brand affects the marketability or the resell ability of the vehicle?

What if the answer these questions in a manner which is misleading, false or causes you economic loss due to their misleading nature or their false nature?

These questions would be secondary questions aside from the proper nature of selling a lemon branded title or a repurchase lemon car. You might get lucky and there might be nothing wrong. However, the value of these vehicles is substantially reduced due to potential issues in the title being a branded title. Title issues are different than operation issues. A lemon title is similar to a salvage title is similar to a flood title which is similar to other types of titles including reconstructed titles. These are issues in the titles. They cause uncertainty as to the value of the vehicle. Any vehicle uncertainty leads to reduced market values.

So, for example, if you title you should immediately give it a huge discount as it is worth significantly less. It is worth less because the title is not perfect. It is worth less because it has had prior significant problems. It is less because of people value it less.