Law Office Of Paul DePetris
paul@newjerseylemon.com

Did You Buy A New Jersey Lemon Car FAQs

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


DID YOU BUY A NEW JERSEY LEMON CAR?
Every year, many car buyers buy a new car only to find out that the car has one or more problems that causes the New Jersey lemon buyer nothing but trouble.  However, New Jersey has a strong lemon law that protects New Jersey lemon buyers.  This article only discusses the New Jersey Lemon Law that applies to manufacturers’ new vehicle warranties.  The New Jersey Used Car Lemon Law is an entirely different law discussed in a separate article located on this website.


WHAT IS THE PURPOSE OF THE NEW JEREY LEMON LAW?
Did you buy a New Jersey lemon car or do you think you might be a New Jersey lemon buyer?  The New Jersey Lemon Law protects buyers or lessees when they buy or lease a New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle and the manufacturer cannot correct defects in the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle.  


WHAT VEHICLES DOES THE NEW JERSEY LEMON LAW APPLY TO?
To buy a New Jersey lemon car, you must buy or have transferred to you a specific type of vehicle.  The New Jersey Lemon Law does not apply to every Car, truck, SUV, recreational vehicle or motorcycle.  It is not a guarantee against every defect.  To buy a New Jersey lemon car, you must be the owner of a vehicle with a defect or the complaint of a defect that substantially impairs the use, value or safety of the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle.   The vehicle must be a passenger automobile (automobile used and designed for the transportation of passengers other than an omnibus or school bus) or motorcycle purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission.  The living facilities of mobile homes are excluded from coverage under the New Jersey Lemon Law but other parts are included.  The New Jersey lemon buyer must be the lemon vehicle’s buyer or lessee, other than for purposes of resale or sublease or a person to whom the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle was transferred during the duration of a manufacturer’s warranty applicable to the vehicle or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.


WHO IS RESPONSIBLE FOR NEW JERSEY LEMON VEHICLE DEFECTS?
If you buy a New Jersey lemon car, those engaged in the business of manufacturing, assembling or distributing the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new vehicles are responsible for New Jersey lemon vehicle defects.  New Jersey car dealers are not responsible for New Jersey lemon vehicle defects under the New Jersey Lemon Law that applies to manufacturer new car warranties.


HOW DO I PROVE THAT I AM A NEW JERSEY LEMON BUYER?
If you buy a New Jersey lemon car, to prove a claim under the New Jersey Lemon Law, the New Jersey lemon buyer must prove by a preponderance of the credible evidence that:
New Jersey lemon vehicle was manufactured by the defendant.
New Jersey lemon vehicle defect or defects is/are nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of the New Jersey lemon vehicle.  
The New Jersey lemon vehicle defect occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the New Jersey lemon buyer or New Jersey lemon lessee, whichever is earlier.
The New Jersey lemon buyer or New Jersey lemon lessee reported the New Jersey lemon vehicle defect to the Manufacturer or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier.
The New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle manufacturer, through its authorized dealers, did not repair the New Jersey lemon vehicle defect or defects within a reasonable time. 


WHAT IS A SUBSTANTIAL IMPAIRMENT UNDER THE NEW JERSEY LEMON LAW?
If you buy a New Jersey lemon car, to prove a claim under the New Jersey Lemon Law you must prove the New Jersey lemon vehicle defect causes a substantial impairment.   To substantially impair a New Jersey lemon vehicle, the New Jersey Lemon vehicle defect or condition must impair the use, value or safety in an important, essential or significant way.  The term “substantial does not mean a defect, impairment or condition that is minor, trivial or unimportant.  In determining whether a defect or condition substantially impairs the use or value of the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle, the court can consider whether the defects or conditions have shaken the New Jersey lemon buyer or New Jersey lemon lessee’s confidence in the New Jersey lemon vehicle.   The court should consider this from both a subjective and objective point of view.  From a subjective standpoint, the New Jersey Lemon vehicle defects must be examined from the point of view of the New Jersey lemon car buyer or Lessee.  From an objective standpoint, the New Jersey Lemon vehicle defects that allegedly have shaken the New Jersey lemon car buyer or Lessee’s confidence must be consistent with what a reasonable person in the New Jersey lemon car buyer or Lessee’s position would have believed under the same or similar circumstances.  For example, the New Jersey Court may consider whether the specific defect or condition complained of, in fact caused the New Jersey lemon car buyer or Lessee plaintiff to lose confidence in this vehicle.  Even if the New Jersey Court finds that the New Jersey lemon car buyer or Lessee’s confidence was shaken, the New Jersey court should also consider whether or not the specific defect or condition, if any, was such that a reasonable person would have lost confidence in the New Jersey lemon car, truck, SUV, recreational vehicle or motorcycle.


IF I BUY A NEW JERSEY LEMON CAR, WHAT ARE DEFENSES AGAINST MY NEW JERSEY LEMON LAW CASE?
A manufacturer in a New Jersey Lemon Law case may raise as a defense to the New Jersey lemon law case that the alleged New Jersey Lemon Law defect does not substantially impair the use, value or safety of the New Jersey lemon vehicle.  A manufacturer in a New Jersey Lemon Law case may raise as a defense to the New Jersey lemon law case that the alleged New Jersey Lemon Law defect is the result of abuse, neglect or unauthorized modifications or alterations.   


WHAT IS THE NEW JERSEY LEMON LAW PRESUMPTION?
If you buy a New Jersey Lemon car, you may be able to claim that the vehicle is a presumed New Jersey Lemon.   In some New Jersey Lemon Law cases, New Jersey lemon car buyers or Lessees claim that the New Jersey lemon vehicle is presumed to be a New Jersey lemon.   While this presumption is not required to prove a New Jersey Lemon Law case, it is presumed that a car, Truck, SUV, recreational vehicle or motorcycle manufacturer is unable to repair or correct a the New Jersey Lemon Law defect within a reasonable time if, within the first 24,000 miles of operation, or during the period of 2 years following the date of original delivery of the car, truck, SUV, recreational vehicle or motorcycle to a consumer, whichever is the earlier date:
substantially the same New Jersey Lemon Law defect has been subject to repair three or more times by the Manufacturer and the New Jersey Lemon Law defect continued to exist; or
the New Jersey lemon vehicle was out of service by reason of repair for one or more New Jersey Lemon Law nonconformities for a cumulative total of 20 or more calendar days since the original delivery of the New Jersey lemon vehicle and the New Jersey Lemon Law defect continues to exist.


The presumption, however, shall only apply against a Manufacturer if the Manufacturer received written notification, by or on behalf of the New Jersey Lemon Law defect, by certified mail, return receipt requested, of a potential claim pursuant to this law and has had one opportunity to repair or correct the New Jersey Lemon Law defect within 10 calendar days following receipt of the notification.  The notification shall take place any time after the New Jersey lemon car buyer has had substantially the same New Jersey Lemon Law defect subject to repair two or more times or has been out of service by reason of repair for a cumulative total of 20 or more calendar days.


HIRE AN EXPERIENCED NEW JERSEY LEMON ATTORNEY TO HELP YOU WITH YOUR NEW JERSEY LEMON CAR PROBLEMS!
Did you buy a lemon car or do you think you might be a lemon buyer?  The Lemon Law protects buyers and lessees when they buy or lease a lemon car, truck, SUV, recreational vehicle or motorcycle and the manufacturer cannot correct defects in the vehicle.   If you even think you might have a New Jersey lemon car, get a no obligation consultation from an experienced New Jersey Lemon attorney.   Don’t wait to get a no obligation phone consultation from an experienced New Jersey Lemon Attorney, since car problems often get worse rather than better and your warranty may run out!  Every year, many car buyers buy a new car in New Jersey only to find out that the car has one or more problems that causes the Lemon buyer nothing but trouble.  However, New Jersey has a strong lemon law that protects defective new car buyers.  Let an experienced New Jersey lemon attorney help you with your New Jersey lemon law case.   The Law Office of Paul DePetris offers New Jersey Lemon Law help and Automotive Warranty help to consumers and businesses.  Consider an experienced New Jersey lemon attorney to handle the following types of New Jersey consumer lawsuits:  Lemon Automobile, Lemon Boat, Lemon Car, Lemon Jetski, Lemon Motorcycle, Lemon Motor Home, Lemon Motor Scooter, Lemon Motorized Wheelchair, Lemon Recreational Vehicle, Lemon Travel Trailer.  As an experienced New Jersey lemon attorney, Paul DePetris has appeared in court in lawsuits involving New Jersey Lemon Law disputes, mediated, arbitrated and tried New Jersey Lemon Law lawsuits, settled New Jersey Lemon Law claims and lawsuits, recovering money (including vehicle purchase refunds) and replacement vehicles for many clients and worked on New Jersey Lemon Law claims and lawsuits involving many types of automobiles, such as those manufactured by General Motors, Chrysler, Ford, Fleetwood, Winnebago, Honda, Toyota, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen and others.  Mr. DePetris also has written a book discussing the New Jersey Lemon Laws and also has taught other attorneys about how to handle lemon cases.   Why take chances with your lemon car dispute when you can hire an experienced New Jersey lemon attorney help you with your lemon case?  Mr. DePetris often helps consumers in lemon cases on a contingent basis, meaning there are no up-front attorney’s fees that you must pay to have an experienced New Jersey Lemon Attorney.   Many consumers think that they can handle a lemon law case themselves, only to find out that the case is much harder than they thought and that the manufacturer or dealer who they are up against has an attorney to represent them.  Let an experienced New Jersey lemon attorney give you the edge you need.
 


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