Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey boat lemon facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Do not rely upon the statutes, rules, codes, files or forms on this website for any purpose! Before taking any legal action, read all applicable federal and state source law and case law and consult with an attorney for changes. Addresses, hours of operation and directions may change so be sure to check with the court in advance of mailing documents to court or going to any court!!! Some of the webpages on this site do not apply to all types of New Jersey cases, since there are different rules for different case types!

IS THERE SUCH THING AS A “LEMON BOAT” or “LEMON WATERCRAFT” UNDER NEW JERSEY LAW?
No. While New Jersey has 2 New Jersey lemon laws dealing with automobiles, New Jersey does not have a New Jersey lemon law that deals with New Jersey boats or New Jersey watercraft. Therefore, under New Jersey law, there can be no such thing as a “lemon boat”. However, that does not mean that a person that buys a defective boat has no way to sue the New Jersey boat’s seller or manufacturer. Instead, there are federal and New Jersey laws that allow the New Jersey buyers of defective boats to seek money damages from the sellers and/or manufacturers of those New Jersey boats. Therefore, the fact that no New Jersey lemon law for boats exists in New Jersey does not mean that those who buy defective boats should merely give up efforts to recover money damages for their defective boats.

WHAT IS A NEW JERSEY BREACH OF BOAT WARRANTY CLAIM?
New Jersey Breach of Boat Warranty claims involve New Jersey boats, parts or labor that were sold with a warranty. Usually, the New Jersey case is one where a New Jersey boat dealer makes repeated repairs to your New Jersey boat under the New Jersey boat warranty for the same problem but couldn’t fix it. One such law that may help you get relief from such a problem is the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (the Federal Warranty Law).

WHAT IS THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT?
The Federal Warranty Law is a law designed to help in the enforcement of New Jersey Breach of Boat Warranty claims. The Federal Government decided that, since warranties were difficult to enforce, it should be easier for the public to enforce certain warranties and service contracts by having a right to sue those who give and then fail to honor warranties or service contracts for money damages, attorney’s fees and court costs.

DOES MY CLAIM QUALIFY AS A NEW JERSEY BREACH OF BOAT WARRANTY?
Under the Federal Warranty Law, to recover money damages, the following minimum requirements must be met:
 the New Jersey boat or product must be a new or used “consumer product” distributed in commerce and normally used for personal, family, or household purposes.

 A written warranty or service contract was provided with the product.

 You must be a “consumer'' -- a New Jersey buyer (other than for purposes of resale) of the New Jersey boat or other consumer product, a person to whom the New Jersey boat or product was transferred during the duration of an implied or written warranty (or service contract) applicable to the New Jersey boat or product, or any other person entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the New Jersey boat warranty (or service contract).

 The issuer of the New Jersey boat warranty or service contract failed to comply with the Federal Warranty Law or failed to honor the terms of its warranty or service contract.

Any consumer product that is sold or leased with a warranty or service contract and that is normally used for personal, family or household purposes, such as New Jersey boats and other New Jersey watercraft. Many services are excluded under the Federal Warranty Law and often the question of whether a warranty or service contract is regulated by the Federal Warranty Law is for the courts to decide.

HOW DO I GET RELIEF FOR A NEW JERSEY BREACH OF BOAT WARRANTY?
There is no “magical” Warranty fairy that gives out refunds or replacement boats to all deserving New Jersey boat buyers. A New Jersey buyer who is damaged by the failure of a manufacturer or supplier to comply with any obligation under any written warranty, implied warranty, or service contract that they issue the New Jersey boat buyer, may file a New Jersey warranty lawsuit in the Superior Court of New Jersey [or in other courts of competent jurisdiction]. If you win the lawsuit, you may be awarded money damages, reasonable attorney's fees [based on actual time your New Jersey lawyers spent working on the New Jersey case] plus court costs, including the fees for filing the lawsuit. Attorneys would argue that, if the product’s manufacturer or the selling dealer who provided a warranty with the New Jersey boat or other product is unable or unwilling to fix it within a reasonable period of time, the New Jersey boat buyers should be permitted to file a New Jersey warranty lawsuit against the wrongdoer in the Superior Court of New Jersey. Under the Federal Warranty Law, before suing a boat’s seller or manufacturer, you may have to provide the seller or manufacturer one or more attempts to fix the New Jersey boat. Under the Federal Warranty Law, if the New Jersey boat warranty requires you to make a New Jersey warranty claim with a dispute settlement or arbitration program before filing a New Jersey warranty lawsuit, you may be required to participate in that process before filing a New Jersey warranty lawsuit against them. You must also make a proper legal demand to the issuer of the New Jersey boat warranty before suing them. Your New Jersey lawyer can perform these steps for you.

SHOULD I FILE A COMPLAINT WITH AN ARBITRATION OR DISPUTE PROGRAM MYSELF?
Under the Federal Warranty Law, if the New Jersey boat warranty requires you to make a New Jersey warranty claim with a dispute settlement or arbitration program before filing a New Jersey warranty lawsuit, you may be required to participate in that process before filing a New Jersey warranty lawsuit against them. Normally, your New Jersey lawyers perform this step for you. If the New Jersey boat buyers decides to participate in such a program (either through themselves or their attorney) and if the program fails to resolve the issue, the New Jersey boat buyers may still be able to file a New Jersey warranty lawsuit against the wrongdoer. If you hire a New Jersey lawyer, before filing your lawsuit, they can file the paperwork necessary to comply with any required dispute settlement or arbitration program. Often New Jersey boat buyers try to take this step on their own, such as by filing paperwork with the Better Business Bureau, only to become frustrated by the paperwork and steps that are normally part of such programs. The employees of the settlement or arbitration program are not permitted to give you legal advice and as they must be neutral, they do not represent your interests. Further, by acting on their own through such a program, New Jersey boat buyers could mistakenly agree to a settlement that fails to provide the New Jersey boat buyer everything they deserve under the law. Also, if you try to represent yourself in such a program, you may fail to take an important step (miss a deadline, fail to complete crucial paperwork, etc.) and jeopardize your case.

HOW DO I PROVE MY NEW JERSEY BREACH OF BOAT WARRANTY CASE?
As soon as you notice that your New Jersey boat or product has a defect, you must:

• Report the defect to the New Jersey boat manufacturer, selling dealer or their authorized repair facility immediately.

• Arrange for the New Jersey boat or product to be repaired by the New Jersey boat manufacturer, selling dealer or their authorized repair facility.

• When you get your New Jersey boat or product repaired, before leaving the New Jersey boat dealership or repair facility, you should ask for a repair invoice listing what was done to your New Jersey boat. If the New Jersey boat manufacturer, New Jersey boat dealer or their agent refuses to give you an invoice, for each repair attempt or inspection of your New Jersey boat by the New Jersey boat dealer, you should keep a record of the date and mileage when the New Jersey boat was brought in, each and every problem you complained of on that date and the date and mileage when the New Jersey boat left the New Jersey boat dealer or their authorized repair facility.

• If the problem repeats itself, take the New Jersey boat or product back to the New Jersey boat manufacturer, New Jersey boat dealer or their agent.

• Provide the New Jersey boat manufacturer, New Jersey boat dealer or their agent a reasonable number of days or chances to fix the New Jersey boat or product.

• If the party providing you the New Jersey boat warranty or their dealership or agents fail to fix the fix the New Jersey boat in a reasonable period of time and the New Jersey boat warranty requires you to make a New Jersey warranty claim with a dispute settlement or arbitration program before filing a New Jersey warranty lawsuit, contact a New Jersey lawyer to proceed with this step of your claim or do so yourself.

• Before filing a New Jersey warranty lawsuit and after completing any required dispute settlement or arbitration program (or if it is not necessary to do so under the New Jersey boat warranty or service contract), make a specific type of written demand for the issuer of the New Jersey boat warranty or service contract to provide you legal relief. To make certain that the demand takes the correct form, you should have a New Jersey lawyer prepare this demand for you.

Your case may be weakened or lost if the party providing you the New Jersey boat warranty or service contract proves one of the following:

• You fail to prove that the New Jersey boat or product has defects that substantially impair its value.

• The New Jersey boat’s defect is the result of the New Jersey boat buyers’s abusing, neglecting, modifying or altering the New Jersey boat or if the defect is caused by a component not sold by or manufactured by the party issuing you the New Jersey boat warranty (such as where you buy a boat alarm and the alarm affect’s your New Jersey boat’s electrical system).

• You fail to give the party issuing you the New Jersey boat warranty or service contract a reasonable number of chances to fix the New Jersey boat or product.

• If it is required, you fail to make a New Jersey warranty claim with a dispute settlement or arbitration program before filing a New Jersey warranty lawsuit.

• Before filing a New Jersey warranty lawsuit, you fail to make a specific and proper demand for the issuer of the New Jersey boat warranty or service contract to provide you legal relief. To make certain that the demand takes the correct form, you should have a New Jersey lawyer prepare this demand for you.

SHOULD I TRY TO HANDLE MY CASE WITHOUT A LAWYER?
Since legal proceedings can be very complex, since many manufacturers and dealers use attorneys to defend Warranty Act cases and since the Federal Warranty Law permits successful claimants to recover reasonable attorney’s fees and court costs from the New Jersey boat manufacturer, there is little benefit to a New Jersey buyer trying to handle a Warranty Act case without being represented by a New Jersey lawyer. Indeed, it is often quite easy for manufacturers’ or dealers attorneys to defeat New Jersey boat buyers who try to handle Warranty Act cases without a New Jersey lawyer. Also, if you try to represent yourself, you may fail to take an important step (miss a deadline, fail to complete crucial paperwork, etc.) and jeopardize your case.

SHOULD I WAIT TO SEE IF THE NEW JERSEY BOAT IS FIXED?
If your New Jersey boat has been at the New Jersey boat manufacturer’s dealership at least 30 or more cumulative days for repairs for the same problem or has been subject to repair 3 times for the same problem, you should not wait any longer to ask a New Jersey lawyer to evaluate your claim. Legal proceedings may take time to be concluded and thus, the longer you wait to find out you have a case (or if you have a valid case, to stat the process), the longer you shall likely have to wait to conclude your case. Delay could hurt your case.

IF I FINANCED THE NEW JERSEY BOAT’S PURCHASE, CAN I STOP MAKING PAYMENTS?
It is generally very, very risky for a New Jersey buyer to decide to stop making payments on a boat simply because it doesn’t work well or even if it doesn’t work at all. Failing to make payments on a boat could result in: (1) the credit of everyone on the New Jersey boat’s loan being damaged; (2) the New Jersey boat being repossessed; (3) everyone on the New Jersey boat’s loan being sued; (4) ultimately, in a money judgment being entered against you, which may even exceed the New Jersey boat original price. Failing to make payments on the New Jersey boat’s loan could make a bad situation much, much worse. Always consult with a New Jersey lawyer before deciding to stop making payments on a boat loan.

WHAT IF THE NEW JERSEY BOAT DEALER OR MANUFACTURER SAYS I DON’T HAVE A CASE?
Ignore them and seek competent legal advice. Only attorneys licensed in New Jersey to practice law are permitted to give legal advice and only they are able to evaluate if you have a valid New Jersey boat warranty claim. Until you speak with a New Jersey lawyer who is knowledgeable about this area of the law, do not draw any conclusions, regardless of what you heard from non-attorneys or read on the web.

WHAT WILL HAPPEN IF I DO NOTHING?
If you have a valid New Jersey boat warranty claim and you do nothing to enforce your rights, you shall be stuck with your defective boat and the seller, manufacturer or warranty provider shall get the best of you. There are strict time limits for perfecting and filing certain legal claims. Do not try to interpret the law by reading a website!

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court 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. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court 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 New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court 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
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey 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 New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey 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 New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants 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 New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court 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 the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey 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 New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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