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 lemon law 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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 New Jersey lemon law 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 lemon law cases, since there are different rules for different New Jersey lemon law case types!


NEW JERSEY LEMON LAW REFUNDS FAQS


WHAT IS A LEMON UNDER THE NEW JERSEY LEMON LAW?
Many people ask about New Jersey Lemon Law refunds and how is the New Jersey Lemon Law refund calculated.   To understand the answers to these questions, you must first understand what is considered a Lemon under the law.   A Lemon is a car that meets certain requirements under the New Jersey lemon law, a law that protects Lemon buyers and Lemon lessees.  To buy a 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 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 Lemon car.   The 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 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 Lemon car, Lemon truck, Lemon SUV, Lemon recreational vehicle or 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 Manufacturer’s new car warranties.


WHAT REMEDIES ARE AVAILABLE TO LEMON BUYERS?
If you bought a Lemon, you may be entitled to Lemon relief from the 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 Lemon Law award of court costs and expert witness fees


HOW DO I GET A NEW JERSEY LEMON LAW REFUND?
Many people ask how do I get a New Jersey Lemon Law refund and how is the New Jersey Lemon Law refund calculated?   To understand the answers to these questions, you must understand how someone actually wins a New Jersey Lemon Law refund.  If a Manufacturer is unable to fix A Lemon car in a reasonable period of time, the Manufacturer must accept the return of Lemon car and provide the Lemon car buyer or Lemon car lessee with a New Jersey lemon law refund – a full refund, less a deduction for the Lemon car’s mileage when the Lemon car buyer or Lemon car lessee first reported Lemon car’s defects to the Lemon car manufacturer or its authorized dealer.  If you have a lemon, an experienced New Jersey lemon lawyer can recover a New Jersey Lemon Law refund for you.


WHAT EXACTLY IS THE NEW JERSEY LEMON LAW REFUND?
Many people ask how is the New Jersey Lemon Law refund calculated?  To understand how the New Jersey Lemon Law refund is calculated, you must understand what the New Jersey Lemon Law refund is. A Manufacturer shall provide the 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 Lemon buyer's used motor vehicle, the cost of any options or other modifications arranged, installed, or made by 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 Lemon buyer for the rental of a motor vehicle equivalent to the Lemon buyer's motor vehicle and limited to the period during which the 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 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 Lemon buyer accepts an offer to replace the Lemon car in lieu of a refund, it shall be the Manufacturer's responsibility to insure that any lien on the returned Lemon car is transferred to the replacement vehicle.  A Lemon buyer who leases a new motor vehicle shall have the same remedies against a Manufacturer as a Lemon buyer who purchases a new motor vehicle. If it is determined that the lessee is entitled to a refund, the Lemon buyer shall return the leased Lemon vehicle to the lessor or Manufacturer and the Lemon buyer's lease agreement with the Lemon vehicle lessor shall be terminated and no penalty for early termination shall be assessed. The Manufacturer shall provide the Lemon buyer with a full refund of the amount actually paid by the Lemon buyer under the lease agreement, including any additional charges as set forth under the New Jersey lemon law if actually paid by the Lemon buyer, less a reasonable allowance for vehicle use. The 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 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 IS THE NEW JERSEY LEMON LAW REFUND CALCULATED?
Many people ask how is the New Jersey Lemon Law refund calculated?   The following is an explanation of how the New Jersey lemon law refund is calculated.  The refund claimed by a consumer pursuant to the New Jersey Lemon Law, whether through the Division of Consumer Affairs automotive dispute resolution system or a manufacturer’s informal dispute resolution process, shall include:
1) The total purchase or lease price of the motor vehicle including finance charges, sales
tax, license fees, registration fees, and any stated credit or allowance for the consumer’s
used motor vehicle, provided that:
i) The full refund of purchase price that may be claimed by a consumer under section
4(a) shall not include any portion of a stated credit or allowance for the consumer’s
used motor vehicle that grossly exceeds the true value of the consumer’s used motor
vehicle.
ii) During the Office of Administrative Law hearing, a manufacturer may challenge the
stated credit or allowance for the consumer’s used motor vehicle. The manufacturer
shall bear the burden of proof, and shall provide evidence that the purchase price
included a trade-in allowance grossly disproportionate in amount to the true value of
the consumer’s used motor vehicle. Such evidence shall include, but not be limited
to, the value of the motor vehicle as listed in the N.A.D.A. Official Used Car Guide.
2) The cost of any options or other modification arranged, installed or made by the
manufacturer or its dealer within 30 days after the date of original delivery.
3) Other charges or fees, including, but not limited to:
i) Reimbursement for towing, if any;
ii) Reimbursement for actual expenses incurred by the consumer for the rental of a
motor vehicle equivalent to the consumer’s motor vehicle for the period during which
the consumer’s motor vehicle was out of service due to a nonconformity;
iii) Filing fee for participation in the Division’s dispute resolution system; and
iv) Reimbursement for reasonable attorney’s fees, fees for expert witnesses and costs.
b) From the total sum of the items in (a) above, a deduction shall be made, representing an
allowance for vehicle use. This deduction shall be calculated as follows:
1) Multiply the mileage at the time the consumer first presented the motor vehicle to the
dealer or manufacturer for correction of the nonconformity(s) in question by the total
purchase price of the vehicle (or the total lease price, if applicable), then divide by
100,000 miles.
c) In the case of an authorized emergency vehicle, the manufacturer, co-manufacturer or postmanufacturing modifier shall provide the consumer with a full refund of the purchase price of
the original emergency vehicle, depending on the source of the nonconformity, including any
stated credit or allowance for the consumer’s used emergency vehicle, as well as any other
charges or fees, including, but not limited to, sales tax, license and registration fees,
reimbursement for towing and reimbursement for actual expenses incurred by the consumer
for the rental of a substitute emergency vehicle, if applicable, for the period during which the
consumer’s emergency vehicle was out of service due to the nonconformity.


HOW DOES THE NEW JERSEY LEMON REPLACEMENT VEHICLE REMEDY WORK?
Instead of offering a New Jersey lemon law refund, the Lemon car manufacturer may but doesn’t have to offer the Lemon car buyer or Lemon lessee a New Jersey lemon replacement vehicle in exchange for the Lemon car.   However, the Lemon car buyer or Lemon lessee does not have to accept a New Jersey lemon replacement vehicle instead of a New Jersey lemon law refund.   Therefore, how the New Jersey Lemon Law refund is calculated actually depends on the vehicle’s mileage when the vehicle first shows that it has a defect that can’t be repaired after a reasonable number of attempts.  


NEW JERSEY LEMON LAW ATTORNEY’S FEE AWARDS 
New Jersey Lemon Law Attorney’s Fee Awards are a powerful incentive for New Jersey lemon lawyers to handle lemon cases.   For example, in a New Jersey lemon law case, the Legislature has recognized that the right of access to the courts is meaningless unless the Lemon buyer has the resources to file a New Jersey lemon law case.  New Jersey Lemon Law Attorney’s Fee Awards provide incentives to New Jersey lemon lawyers 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, Manufacturers should beware.   If the court award damages to a Lemon Law plaintiff, the New Jersey lemon law Act also requires the court to award New Jersey Lemon Law Attorney’s Fee Award against the New Jersey lemon law defendant.   The defendant could face a judgment to pay whatever reasonable New Jersey Lemon Law Attorney’s Fee Award that the Plaintiff incurred in the New Jersey lemon law Act New Jersey lemon law case.  Only a New Jersey judge decides the proper amount of a New Jersey lemon law attorney’s fee award.  If you have a lemon, an experienced New Jersey lemon lawyer can recover a New Jersey Lemon Law Attorney’s Fee Award. 


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 Lemon buyer has the resources to file a New Jersey lemon law case.  Lemon Law court cost and expert witness fee awards help Lemon car buyers to pursue New Jersey lemon law cases in the hopes that if the New Jersey lemon law case is successful, the Lemon car buyer will recover their New Jersey lemon law case court costs and expert witness fees.  If you have a lemon, an experienced New Jersey lemon lawyer can recover your case court costs and expert witness fees.


HIRE AN EXPERIENCED NEW JERSEY LEMON LAWYER 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 lawyer.   Don’t wait to get a no obligation phone consultation from an experienced New Jersey Lemon Lawyer, 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 lawyer 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 lawyer 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 lawyer, 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 lawyer 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 Lawyer.   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 lawyer give you the edge you need.   Make sure the New Jersey lemon lawyer actually sued manufacturers and actually recovered New Jersey lemon law refunds for consumers, New Jersey Lemon replacement vehicles for consumers and New Jersey Lemon Law Attorney’s Fee Awards.  Remember that a properly handled lemon law case could result in an award that includes a New Jersey lemon law refund, a New Jersey Lemon replacement vehicle and a New Jersey Lemon Law Attorney’s Fee Award. 
 








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