Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Lemon Law Refund 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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!


NEW JERSEY LEMON LAW REFUNDS FAQS


WHAT IS A NEW JERSEY LEMON?
A New Jersey Lemon is a car that meets certain requirements under the New Jersey Lemon Law, a law that protects New Jersey lemon buyers and New Jersey lemon lessees.  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 New Jersey car.  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 lemon car.   The New Jersey Lemon car 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, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle or New Jersey lemon 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.  This article only discusses the New Jersey Lemon Law that applies to New Jersey lemon manufacturer’s new car warranties.


WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY LEMON BUYERS?
If you bought a New Jersey Lemon, you may be entitled to New Jersey Lemon relief from the New Jersey lemon manufacturer, such as the following:
A New Jersey Lemon replacement vehicle
A New Jersey Lemon Law refund  
A New Jersey Lemon Law attorney’s fee award
A New Jersey Lemon Law award of court costs and expert witness fees


HOW DO I GET A NEW JERSEY LEMON LAW REFUND?
If a New Jersey lemon manufacturer is unable to fix A New Jersey Lemon car in a reasonable period of time, the New Jersey Lemon manufacturer must accept the return of New Jersey Lemon car and provide the New Jersey Lemon car buyer or New Jersey Lemon car lessee with a New Jersey Lemon Law refund – a full refund, less a deduction for the New Jersey Lemon car’s mileage when the New Jersey Lemon car buyer or New Jersey Lemon car lessee first reported New Jersey Lemon car’s  defects to the New Jersey Lemon car manufacturer or its 
authorized dealer.  


HOW IS THE NEW JERSEY LEMON LAW REFUND CALCULATED?
The following is an explanation of how the New Jersey Lemon Law refund is calculated.  New Jersey Lemon manufacturer shall provide the New Jersey Lemon buyer with a full New Jersey Lemon Law refund of the purchase price of the original motor vehicle including any stated credit or allowance for the New Jersey Lemon buyer's used motor vehicle, the cost of any options or other modifications arranged, installed, or made by New Jersey Lemon manufacturer or its dealer within 30 days after the date of original delivery, and any other charges or fees including, but not limited to, sales tax, license and registration fees, finance charges, reimbursement for towing and reimbursement for actual expenses incurred by the New Jersey Lemon buyer for the rental of a motor vehicle equivalent to the New Jersey Lemon buyer's motor vehicle and limited to the period during which the New Jersey Lemon buyer's motor vehicle was out of service due to a nonconformity, less a reasonable allowance for vehicle use.   Refunds shall be made to the New Jersey Lemon buyer and lienholder, if any, as their interests appear on the records of ownership maintained by the Director of the New Jersey Motor Vehicle Commission.  In the event that the New Jersey Lemon buyer accepts an offer to replace the New Jersey Lemon car in lieu of a refund, it shall be New Jersey Lemon manufacturer's responsibility to insure that any lien on the returned New Jersey Lemon car is transferred to the replacement vehicle.  A New Jersey Lemon buyer who leases a new motor vehicle shall have the same remedies against a New Jersey lemon manufacturer as a New Jersey Lemon buyer who purchases a new motor vehicle. If it is determined that the lessee is entitled to a refund, the New Jersey Lemon buyer shall return the leased New Jersey Lemon vehicle to the lessor or New Jersey Lemon manufacturer and the New Jersey Lemon buyer's lease agreement with the New Jersey Lemon vehicle lessor shall be terminated and no penalty for early termination shall be assessed. The New Jersey Lemon manufacturer shall provide the New Jersey Lemon buyer with a full refund of the amount actually paid by the New Jersey Lemon buyer under the lease agreement, including any additional charges as set forth under the New Jersey Lemon Law if actually paid by the New Jersey Lemon buyer, less a reasonable allowance for vehicle use. The New Jersey Lemon manufacturer shall provide the motor vehicle lessor with a full refund of the vehicle's original purchase price plus any unrecovered interest expense, less the amount actually paid by the New Jersey Lemon buyer under the agreement. New Jersey Lemon Law refunds shall be made to the lessor and lienholder, if any, as their interests appear on the records of ownership maintained by the Director of the Motor Vehicle Commission.


HOW DOES THE NEW JERSEY LEMON REPLACEMENT VEHICLE REMEDY WORK?
Instead of offering a New Jersey Lemon Law refund, the New Jersey Lemon car manufacturer may but doesn’t have to offer the New Jersey Lemon car buyer or New Jersey Lemon lessee a New Jersey Lemon replacement vehicle in exchange for the New Jersey lemon car.   However, the New Jersey Lemon car buyer or New Jersey Lemon lessee does not have to accept a New Jersey Lemon replacement vehicle instead of a New Jersey Lemon Law refund. 


NEW JERSEY LEMON LAW ATTORNEY’S FEE AWARDS 
In a New Jersey Lemon Law case, the Legislature has recognized that the right of access to the courts is meaningless unless the New Jersey Lemon buyer has the resources to file a New Jersey Lemon Law case.  New Jersey Lemon Law Attorney’s Fee Awards provide incentives to competent New Jersey attorneys to undertake New Jersey Lemon Law cases and to represent victims of the New Jersey Lemon Law who suffer relatively minor losses.  In this way, New Jersey Lemon Law Attorney’s Fee Awards is the Legislature's attempt to provide equal access to the courts by encouraging private enforcement of the New Jersey Lemon Law.   The Legislature intended plaintiffs to have access to the court system to pursue relatively small claims against deceptive retailers.  In that respect, the New Jersey Lemon Law Attorney's Fees provision one of the deterrent aspects of the legislation, and therefore, New Jersey Lemon manufacturers should beware.   If the New Jersey court award damages to a New Jersey Lemon Law plaintiff, the New Jersey Lemon Law Act also requires the New Jersey court to award New Jersey Lemon Law attorney’s fees against the New Jersey Lemon Law defendant.   The New Jersey Lemon Law defendant could face a judgment to pay whatever reasonable New Jersey Lemon Law attorney’s fees that the New Jersey Lemon Law plaintiff incurred in the New Jersey Lemon Law Act case.  Only a New Jersey judge decides the proper amount of a New Jersey Lemon Law attorney’s fee award.  


NEW JERSEY LEMON LAW COURT COSTS AND EXPERT WITNESS FEE AWARDS 
In a New Jersey Lemon Law case, the Legislature has recognized that the right of access to the courts is meaningless unless the New Jersey Lemon buyer has the resources to file a New Jersey Lemon Law case.  New Jersey Lemon Law court cost and expert witness fee awards help New Jersey Lemon car buyers to pursue New Jersey Lemon Law cases in the hopes that if the New Jersey Lemon Law case is successful, the New Jersey Lemon car buyer will recover their New Jersey Lemon Law case court costs and expert witness fees.

Website Builder