Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Lemon Law Facts

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NEW JERSEY LEMON FRAUD FACTS AND NEW JERSEY LEMON LAW FACTS
This article only discusses the New Jersey New Car Lemon Law. The New Jersey Used Car Lemon Law is an entirely different New Jersey Law discussed in a separate article located on this website.

WHAT IS THE PURPOSE OF THE NEW JEREY LEMON LAW FOR THE NEW JERSEY LEMON CAR MANUFACTURER’S CAR BUYERS, THE NEW JERSEY TRUCK BUYERS, THE NEW JERSEY SUV BUYERS AND NEW JERSEY VEHICLE LESSEES?
The purpose of the New Jersey Lemon Law is to protect New Jersey Lemon buyers or New Jersey Lemon lessees when they buy or lease a New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV or have a New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV transferred to them in a certain time period and the New Jersey Lemon car manufacturer violates the New Jersey Lemon Law.

NEW JERSEY OWNERS AND THE NEW JERSEY LEMON CAR MANUFACTURER VEHICLE LESSEES CALL NOW FOR A NO OBLIBATION PHONE CONSULTATION!
If you live in New Jersey and you bought a New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV in New Jersey or you registered the New Jersey Lemon car manufacturer in New Jersey, contact Paul DePetris today for a no obligation consultation about what he can do for you. Call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseyLemon.com.

NEW JERSEY LEMON LAW FRAUD CASES

WHAT IS NEW JERSEY LEMON FRAUD FOR NEW JERSEY CAR PURCHASERS, THE NEW JERSEY TRUCK PURCHASERS AND NEW JERSEY SUV PURCHASERS?
Under the New Jersey Lemon Law, the New Jersey Lemon car manufacturer commits a per se New Jersey Consumer Fraud Act violation if they fail to:
• Provide with the New Jersey car, the New Jersey truck or New Jersey SUV certain papers comply with the New Jersey Lemon Law.
• Provide at purchase or lease the notice of consumer’s rights under the New Jersey Lemon Law & keep a record of Compliance.
• Each time a vehicle is returned from being examined or repaired during the term of protection, through its dealer provide an itemized, legible statement of repair with certain disclosures.
• If a vehicle is returned to the New Jersey Lemon car manufacturer under the New Jersey Lemon Law or a similar statute or from legal action or informal dispute settlement procedure, not resell or re-lease the vehicle in NJ unless: (1) The New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s dealer stamps the certificate of title or other evidence of ownership “RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEEDING” & within 10 days of receipt, submit same to the New Jersey Motor Vehicle Commission; (2) The New Jersey Lemon car manufacturer provides to the dealer or lessor & the dealer or lessor provides to Jersey Lemon buyer or New Jersey Lemon lessee a written statement disclosing the aforesaid history.
• Certify to the New Jersey Division of Consumer Affairs, within one year of discovery, the existence of any inherent design defect common to all motor vehicles of a particular model or make.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY LEMON FRAUD VICTIMS?
• Cancellation of fraudulent debts.
• Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
• Attorney’s fee awards.
• Refund of money lost due to the New Jersey Lemon Fraud violation and New Jersey Consumer Fraud violation.

WHAT NEW JERSEY CARS AND NEW JERSEY TRUCKS AND NEW JERSEY SUV’S AND THE NEW JERSEY LEMON CAR MANUFACTURER VEHICLE LEASES DOES THE NEW JERSEY LEMON LAW APPLY TO?
The New Jersey Lemon Law does not apply to every defect in The New Jersey Lemon car manufacturer. It is not a guarantee against every defect. It applies to a defect that substantially impairs the use, value or safety of a car. The New Jersey Lemon car manufacturer 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 Car Commission. The living facilities of mobile homes are excluded from coverage under the New Jersey Lemon Law. The New Jersey consumer seeking to apply the New Jersey Lemon Law must be a buyer or lessee, other than for purposes of resale or sublease, of such a car or a person to whom The New Jersey Lemon car manufacturer was transferred during the duration of a warranty applicable to The New Jersey Lemon car manufacturer or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.

NEW JERSEY LEMON LAW DEFECT CASES

IN ADDITION TO NEW JERSEY LEMON FRAUD, IF MY NEW JERSEY CAR, THE NEW JERSEY TRUCK OR NEW JERSEY SUV PURCHASE OR NEW JERSEY LEASE VEHICLE IS DEFECTIVE WHO IS RESPONSIBLE FOR NEW JERSEY CAR DEFECTS UNDER THE NEW JERSEY LEMON LAW?
Even if you don’t qualify for New Jersey Lemon Fraud, you may have a New Jersey Lemon claim if you bought the New Jersey Lemon car in New Jersey and the New Jersey Lemon car manufacturer had certain types of defects or had certain types of repairs. Those engaged in the business of manufacturing, assembling or distributing motor cars, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor cars are responsible for car defects under the New Jersey Lemon Law. New Jersey car dealers are not responsible for new car defects under the New Jersey Lemon Law.

IN ADDITION TO NEW JERSEY LEMON FRAUD, HOW DO I PROVE A NEW JERSEY LEMON LAW DEFECT CASE (THE BASICS)?
For a New Jersey lemon car buyer plaintiff or New Jersey lessee plaintiff to establish a New Jersey Lemon claim under the New Jersey Lemon Law, the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff must prove by a preponderance of the credible evidence each of the following five elements of the New Jersey Lemon Claim. The elements are:
• The New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff purchased/leased a car manufactured by the defendant.
• The New Jersey Lemon car manufacturer had the New Jersey Lemon Law nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of the New Jersey Lemon car manufacturer.
• The New Jersey Lemon Law nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the New Jersey lemon car buyer plaintiff or New Jersey lemon car buyer lessee, whichever is earlier.
• The New Jersey lemon car buyer plaintiff or New Jersey lemon car buyer lessee reported the New Jersey Lemon Law nonconformity to the New Jersey Lemon car 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 manufacturer, through the New Jersey Lemon car manufacturer’s car dealers, did not repair the New Jersey Lemon Law nonconformity or non-conformities within a reasonable time.

DO BUSINESSES QUALIFY FOR COVERAGE UNDER THE NEW JERSEY LEMON LAW?
There is nothing in the New Jersey Lemon Law that forbids businesses from seeking relief under the New Jersey Lemon Law. The issue is probably one that would require determination by a New Jersey court. However, to qualify for relief, a New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV must be a “passenger automobile” as defined above.

DOES MY NEW JERSEY LEMON CAR, THE NEW JERSEY LEMON TRUCK OR NEW JERSEY LEMON SUV HAVE TO BE “NEW” FOR ME TO QUALIFY FOR COVERAGE UNDER THE NEW JERSEY LEMON LAW?
There is nothing in the New Jersey Lemon Law that forbids used car owners from seeking relief under the New Jersey Lemon Law. For example, if a new vehicle is transferred to another owner or lessee during the first 24,000 miles or 2 years following its initial purchase, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s subsequent owner or lessee is also covered under the Lemon Law for that time period. Thus, technically speaking, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV does not have to be “new” and you do not have to be New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s first purchaser to be covered by the New Jersey Lemon Law. However, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s problems must occur during the first 24,000 miles of its operation or during the first 2 years following its original delivery date to the first purchaser, whichever first happens.

WHAT HAPPENS IF THE NEW JERSEY LEMON CAR, THE NEW JERSEY LEMON TRUCK OR NEW JERSEY SUV IS TRANSFERRED DURING THE LEMON PERIOD?
If a new vehicle is transferred to another owner or lessee during the first 24,000 miles or 2 years following its initial purchase, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s subsequent owner or lessee is also covered under the Lemon Law for that time period. Thus, technically speaking, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV does not have to be “new” and you do not have to be New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s first purchaser to be covered by the New Jersey Lemon Law. However, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s problems must occur during the first 24,000 miles of its operation or during the first 2 years following its original delivery date to the first purchaser, whichever first happens.

IS MY NEW JERSEY LEMON CAR, THE NEW JERSEY LEMON TRUCK OR NEW JERSEY LEMON SUV A LEMON UNDER THE NEW JERSEY LEMON LAW?
To be a Lemon under the New Jersey Lemon Law, a New Jersey Lemon buyer or New Jersey Lemon lessee must prove the following:

• During the first 24,000 miles of operation or 2 years following delivery, whichever comes first, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV has a defect;

• The defect substantially impairs New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s use, value and/or safety, meaning the defect must not be of a trivial nature (which is subject to interpretation by a legal factfinder);

• During the first 24,000 miles of operation or 2 years following delivery, whichever comes first, the New Jersey Lemon buyer or New Jersey Lemon lessee must notify New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s manufacturer or the New Jersey Lemon car manufacturer’s car dealer of the defect; and

• The New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealer is unable to repair or correct a defect within a reasonable time. One could argue that if the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealer refuses to fix the defect in a reasonable time – such as where they are simply unwilling to attempt to even fix New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV, the New Jersey Lemon car manufacturer is also liable for violating the New Jersey Lemon Law.

WHAT IS THE NEW JERSEY LEMON LAW “PRESUMPTION”?
The New Jersey Lemon Law presumption is not required to prove a New Jersey Lemon case! The New Jersey Lemon Law presumption is purely optional on the party of the New Jersey Lemon buyer or New Jersey Lemon lessee! To win a New Jersey Lemon Law claim, you do not have to write any letters!!!! However, if you or your New Jersey Lemon Lawyer does write the correct type of letter and follows up, the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is presumed to be a “Lemon” if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV to a New Jersey Lemon buyer or New Jersey Lemon lessee, whichever is the earlier date:

• Substantially the same defect has been subject to repair three or more times by the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealer (other than a defect likely to cause death or serious bodily injury if the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is driven) and the defect continues to exist; or

• New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is out of service by reason of repair for one or more defects for a cumulative total of 20 or more calendar days or in the case of a New Jersey Lemon motorhome, for 45 or more calendar days, since the original delivery of New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV and a defect continues to exist; or

• A defect likely to cause death or serious bodily injury if the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is driven has been subject to examination or repair at least once by the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealer and the defect continues to exist; and

• The New Jersey Lemon car manufacturer receives written notification, by or on behalf of the New Jersey Lemon buyer or New Jersey Lemon lessee, by certified mail return receipt requested, of a potential New Jersey Lemon Law claim and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. This notification must take place:

o any time after New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV has had substantially the same 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;
o in the case of a New Jersey Lemon motorhome, 45 or more calendar days; or

o for a defect which is likely to cause death or serious bodily injury if the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is driven, the defect has been subject to examination or repair at least once by the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealer, and the defect continues to exist.

The two-year term and the 20-day period or 45-day period for New Jersey Lemon motorhomes for the New Jersey Lemon Law presumption is extended by any period of time during which repair services are not available to the New Jersey Lemon buyer or New Jersey Lemon lessee because of a war, invasion or strike, or a fire, flood, or other natural disaster.

In the case of a New Jersey Lemon motorhome where two or more manufacturers contributed to the construction of the New Jersey Lemon motorhome, it shall not be considered as any examination or repair attempt if the repair facility at which the New Jersey Lemon buyer or New Jersey Lemon lessee presented New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is not authorized by the New Jersey Lemon car manufacturer to provide service on that New Jersey Lemon car.

It shall be considered as one examination or repair attempt for a New Jersey Lemon motorhome if the same defect is addressed more than once due to the New Jersey Lemon buyer or New Jersey Lemon lessee's decision to continue traveling and to seek the repair of that same defect at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

Days out of service for reason of repair for a New Jersey Lemon motorhome shall be a cumulative total of 45 or more calendar days.

Your New Jersey Lemon attorney can prepare and forward The New Jersey Lemon car manufacturer the written notice required for the presumption to apply under the New Jersey Lemon Law. If the notice is completed improperly, the mistake could affect your chance to claim the presumption. However, meeting the presumption is not a requirement under the New Jersey Lemon Law. This means your New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs to qualify as a Lemon. Further, even compliance with the presumption’s written notice requirement does not assure that you shall win your New Jersey Lemon lawsuit.

WHEN IS THE NEW JERSEY LEMON LAW EXCLUDED?
• The defect is the result of the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee’s failing to maintain, abusing, neglecting, or performing unauthorized modifications or alterations to New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV.
• The defect does not substantially impair New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s use, value or safety.
• New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is not a passenger vehicle, such as a bus or motorized bicycle.
• New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s defects involve a motor home’s living quarters.
• New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV was not purchased or leased new in New Jersey or is not registered in New Jersey.

WHAT MUST I DO UNDER THE NEW JERSEY LEMON LAW?
During the first 24,000 miles of operation or 2 years following delivery, whichever happens first, the New Jersey Lemon buyer or New Jersey Lemon lessee must:

• Notify the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealership of New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s defects.

• If the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealership offers to make repairs to New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV, make arrangements to get New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV fixed by the New Jersey Lemon car manufacturer or its authorized dealer.

• If the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealerships are willing to make repair attempts to New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV, give The New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealership a reasonable number of days or reasonable number of repair attempts to fix New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV.

• Properly maintain, store, use and care for New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV and avoid making unauthorized alterations or modifications to New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV that would void New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s warranty. It is best if you keep copies of all receipts for repairs or maintenance performed to New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV.

If you sue the New Jersey Lemon car manufacturer for relief under the New Jersey Lemon Law, within 10 days after filing the initial pleading with the court containing the New Jersey Lemon Law claim, counterclaim or defense, mail a copy of the initial or responsive pleading to the New Jersey Attorney General.

WHAT MUST THE NEW JERSEY LEMON CAR MANUFACTURER DO UNDER THE NEW JERSEY LEMON LAW?
• At the time of purchase in the State of New Jersey, the New Jersey Lemon car manufacturer through the New Jersey Lemon car manufacturer’s car dealer, or at the time of lease in the State of New Jersey, the lessor, must provide directly to the New Jersey Lemon buyer or New Jersey Lemon lessee:
o a written statement;
o that complies with the Division of New Jersey Lemon buyer or New Jersey Lemon lessee Affairs regulations relating to the Lemon Law;
o presented in a conspicuous and understandable manner;
o on a separate piece of paper;
o printed in both the English and Spanish languages;
o providing information concerning a New Jersey Lemon buyer or New Jersey Lemon lessee's rights and remedies under the Lemon Law, including but not be limited to, a summary concerning:
 the miles of operation of a motor vehicle and time period within which the New Jersey Lemon buyer or New Jersey Lemon lessee may report a nonconformity and seek remedies;
 The New Jersey Lemon car manufacturer's obligations to a New Jersey Lemon buyer or New Jersey Lemon lessee based upon The New Jersey Lemon car manufacturer's or the New Jersey Lemon car manufacturer’s car dealer's inability to repair or correct a nonconformity; and
 any other New Jersey Lemon Law provisions that the director deems appropriate.

• During the first 24,000 miles of operation or 2 years following delivery, whichever happens first, the New Jersey Lemon car manufacturer make arrangements to fix New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s defects or to have The New Jersey Lemon car manufacturer’s car dealership fix it.

• If covered by the New Jersey Lemon car manufacturer’s warranty, pay for repairs made to correct New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s defects during New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s first 12,000 miles of operation or first year following the date of New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s original delivery to the New Jersey Lemon buyer or New Jersey Lemon lessee.

• After each examination or repair attempt performed under the New Jersey Lemon Law, the New Jersey Lemon car manufacturer or the New Jersey Lemon car manufacturer’s car dealership must give the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee a repair invoice reflecting the repairs made or attempted on New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV. The invoice must include the following information:
o any diagnosis made;
o all work performed on New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV;
o a general description of the problem reported by the New Jersey Lemon buyer or New Jersey Lemon lessee or an identification of the problem reported by the New Jersey Lemon buyer or New Jersey Lemon lessee or an identification of the defect or condition;
o the amount charged for parts and the amount charged for labor, if paid for by the New Jersey Lemon buyer or New Jersey Lemon lessee;
o the date and the odometer reading when New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV was submitted for repair; and
o the date and odometer reading when New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV was made available to the New Jersey Lemon buyer or New Jersey Lemon lessee.

• If unable to fix New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV in a reasonable period of time, the New Jersey Lemon car manufacturer must accept the return of New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV from the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee and provide the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee with a full refund, less a deduction for New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s mileage when the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee first reported New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV’s defects to the New Jersey Lemon car manufacturer or its authorized dealer. Instead of offering a refund, the New Jersey Lemon car manufacturer may offer the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee a replacement vehicle. However, the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee does not have to accept a replacement vehicle instead of a refund.

• If the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is returned to the New Jersey Lemon car manufacturer under the New Jersey Lemon Law or under a similar law or as a result of a legal action or an informal dispute settlement procedure and if the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV is resold or released in New Jersey:

o The New Jersey Lemon car manufacturer must provide (through the selling dealer or lessor) a written statement on a separate piece of paper in 10 point bold face type stating: “IMPORTANT: THIS VEHICLE WAS RETURNED TO THE NEW JERSEY LEMON CAR MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE NEW JERSEY LEMON CAR MANUFACTURER'S WARRANTY AND THE NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW;” and
o The dealer or lessor obtains from the New Jersey Lemon buyer or New Jersey Lemon lessee a signed receipt in a form approved by the New Jersey Division of New Jersey Lemon buyer or New Jersey Lemon lessee Affairs certifying, in a conspicuous and understandable manner, that the written statement required under the New Jersey Lemon Law has been provided. The dealer or lessor may fulfill his obligation to obtain a signed receipt under this paragraph by making such a notation, in a conspicuous and understandable manner, on New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV buyer order form accompanying the sale or lease of that New Jersey Lemon car; and
o The dealer or lessor, in accordance with the New Jersey Motor Vehicle Code, , notifies the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the sale or transfer of ownership of the motor vehicle.

• The New Jersey Lemon car manufacturer must certify to the New Jersey Division of New Jersey Lemon buyer or New Jersey Lemon lessee Affairs, within 1 year of discovery, any inherent design defect common to all vehicles of a particular make or model.

• The New Jersey Lemon car manufacturer must provide the New Jersey Division of New Jersey Lemon buyer or New Jersey Lemon lessee Affairs information on The New Jersey Lemon car manufacturer’s private New Jersey arbitration or private buyback programs.

WHAT IS A “SUBSTANTIAL IMPAIRMENT” UNDER NEW JERSEY LEMON LAW?
In The New Jersey Lemon car manufacturer New Jersey Lemon Lawsuits, the threshold test for whether a New Jersey lemon car buyer can reject a car and seek money damages is whether the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease or product’s defect substantially impairs the value of the goods to the New Jersey lemon car buyer. Under New Jersey Lemon Law, whether a defect or nonconformity substantially impairs the use or value of the subject New Jersey Lemon car is not measured by a purely objective standard. Instead, when making such a determination, the factfinder must consider the viewpoint of the New Jersey lemon car buyer and the New Jersey lemon car buyer’s circumstances and decide whether a reasonable person in the New Jersey lemon car buyer’s position would have believed that the defects or nonconformities substantially impaired the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s use or value. Accordingly, the substantial impairment test is a combination of a subjective and objective test rather than merely an objective one. The mixed subjective/objective test allows the factfinder to consider a New Jersey lemon car buyer’s reasonably shaken confidence in the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease as a factor in determining substantial impairment. The standard is subjective or personal in the sense that the facts must be examined in the viewpoint of the New Jersey lemon car buyer and her circumstances but the standard is objective in the sense that the criteria is what a reasonable person in the New Jersey lemon car buyer’s position would have believed. For example, under the New Jersey Lemon Law, the factfinder puts themselves in the New Jersey lemon car buyer’s shoes and tries to determine if the New Jersey lemon car buyer’s belief that that the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s defects seriously affect the New Jersey lemon car buyer’s ability to use the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease, seriously affect the safe operation of the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease or seriously impair its value, such as by reducing its resale value. Under The New Jersey Lemon Law, a New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s value is substantially impaired if its defects affect its value in some serious way, such as by reducing its resale value. Under the New Jersey Lemon Law, trivial defects do not substantially impair a New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s use, value or safety.

WHAT IS “SHAKEN CONFIDENCE” UNDER NEW JERSEY LEMON LAW?
When deciding whether a New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s use, value or safety is substantially impaired by its defects, an important factor is whether the defect “shakes the New Jersey lemon car buyer’s confidence” in the goods. For example, a New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease’s use, safety or value is substantially impaired where its nonconformity causes a loss of the New Jersey lemon car buyer’s confidence in the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease. For example, the purchase of a New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease is a major investment rationalized by the peace of mind that flows from its dependability and safety. Once the New Jersey purchaser or New Jersey lessee’s faith has been shaken, the New Jersey car, the New Jersey truck, the New Jersey SUV or New Jersey lease loses not only its real value in their eyes, but it becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension.

WHAT ARE DEFENSES TO NEW JERSEY LEMON LAWSUITS?
The New Jersey Lemon car manufacturer in a New Jersey Lemon Law case may raise as a defense to the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff’s claim that the alleged the New Jersey Lemon Law nonconformity does not substantially impair the use, value or safety of the New Jersey Lemon car manufacturer and/or that the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the New Jersey Lemon car manufacturer by someone other than the New Jersey Lemon car manufacturer or its dealer. If the New Jersey Court finds The New Jersey Lemon car manufacturer has proven, by a preponderance of the evidence, that the alleged the New Jersey Lemon Law nonconformity does not substantially impair the use, value or safety of the New Jersey Lemon car manufacturer and/or that the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the New Jersey Lemon car manufacturer by someone other than the New Jersey Lemon car manufacturer or its dealer, then the New Jersey court should find that there is no the New Jersey Lemon Law nonconformity within the meaning of the New Jersey Lemon Law.

WHAT IS THE NEW JERSEY LEMON LAW PRESUMPTION?
To win a New Jersey Lemon Law claim, you do not have to write any letters!!!! However, if you or your New Jersey Lemon Lawyer does write the correct type of letter and follows up, it is presumed that The New Jersey Lemon car manufacturer or its dealer is unable to repair or correct the New Jersey Lemon Law nonconformity 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 New Jersey Lemon car manufacturer to Jersey Lemon buyer or New Jersey Lemon lessee, whichever is the earlier date:
• substantially the same the New Jersey Lemon Law nonconformity has been subject to repair three or more times by the New Jersey Lemon car manufacturer, or its dealer, and the New Jersey Lemon Law nonconformity continued to exist; or
• the New Jersey Lemon car manufacturer was out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days since the original delivery of the New Jersey Lemon car manufacturer and the New Jersey Lemon Law nonconformity continues to exist.

The New Jersey Lemon presumption, however, shall only apply against The New Jersey Lemon car manufacturer, if the New Jersey Lemon car manufacturer has received written notification, by or on behalf of the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff, 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 car defect or condition within 10 calendar days following receipt of the notification. The notification by the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff shall take place any time after the New Jersey Lemon car manufacturer has had substantially the same the New Jersey Lemon Law nonconformity 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.

WHAT DAMAGES CAN I RECOVER IF I PROVE THAT MY CAR IS A NEW JERSEY LEMON UNDER THE NEW JERSEY LEMON LAW?
If the New Jersey Lemon car manufacturer is unable to correct the New Jersey Lemon Law nonconformity within a reasonable time, the New Jersey Lemon car manufacturer shall accept return of the New Jersey Lemon car manufacturer from the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff. The New Jersey Lemon car manufacturer shall also provide the New Jersey lemon car buyer plaintiff or New Jersey car lessee plaintiff with a full refund of the purchase/lease price and any other charges, fees and costs, less a reasonable allowance for the use of the New Jersey Lemon car manufacturer, which shall be calculated by the court.

HOW DO I GET A NEW JERSEY LEMON REFUND UNDER THE NEW JERSEY LEMON LAW?
There is no “magical” New Jersey Lemon Law fairy that gives out refunds or replacement vehicles to all deserving New Jersey Lemon buyers or New Jersey Lemon lessees. The New Jersey Lemon Law does not enforce itself. If the New Jersey Lemon car manufacturer or its authorized dealer is unable or unwilling to fix the New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV within a reasonable period of time, the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee can file New Jersey Lemon lawsuit against The New Jersey Lemon car manufacturer in the Superior Court of New Jersey. If the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee wins the lawsuit, the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee can recover money damages and reasonable attorney's fees, expert witness fees, certain repair and vehicle rental costs and certain court costs, including the fees for filing the lawsuit. There is also an administrative legal process that the New Jersey Lemon buyer or New Jersey Lemon lessee can use instead of filing the lawsuit. However, there may be dangers to using the administrative legal process, since by using it instead of New Jersey Lemon lawsuit, a New Jersey Lemon buyer or New Jersey Lemon lessee may not be able to get all the relief that may be due them under all the laws applicable to defective The New Jersey Lemon car manufacturer’s cars, defective The New Jersey Lemon car manufacturer trucks and defective The New Jersey Lemon car manufacturer SUVs.

SHOULD I TRY TO HANDLE MY CASE WITHOUT A LAWYER?
Since legal proceedings can be very complex, since all or most manufacturers use attorneys to defend New Jersey Lemon Lawsuits and since the New Jersey Lemon Law permits successful claimants to recover reasonable attorney’s fees and court costs from The New Jersey Lemon car manufacturer, there is little benefit to a New Jersey Lemon buyer or New Jersey Lemon lessee trying to handle a Lemon Law case without being represented by a New Jersey Lemon lawyer. Indeed, it is often quite easy for manufacturers’ attorneys to defeat New Jersey Lemon buyer or New Jersey Lemon lessees who try to handle New Jersey Lemon Lawsuits without a New Jersey Lemon 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 LEMON CAR, THE NEW JERSEY LEMON TRUCK OR NEW JERSEY LEMON SUV IS FIXED?
If your New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV has been at The New Jersey Lemon car manufacturer’s dealership at least 20 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 Lemon lawyer to evaluate your New Jersey Lemon Law case. Legal proceedings may take time to be concluded and thus, the longer you wait to find out you have a New Jersey Lemon Law case (or if you have a valid case, to begin the process), the longer you shall likely have to wait to conclude your case. Delay could hurt your New Jersey Lemon Law case.

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

WHAT WILL HAPPEN IF I DO NOTHING ABOUT MY NEW JERSEY LEMON CAR, the New Jersey LEMON TRUCK OR NEW JERSEY LEMON SUV?
If you have a valid New Jersey Lemon Law claim and you do nothing to enforce your rights, you shall be stuck with your defective The New Jersey Lemon car manufacturer and the seller, manufacturer or warranty provider shall get the best of you. There are strict time limits for perfecting and filing New Jersey Lemon Lawsuits. Since the New Jersey Lemon Law is such a powerful weapon against manufacturers of New Jersey Lemon cars, the New Jersey Lemon trucks and New Jersey Lemon SUV’s, it is always best to seriously consider making a claim under the New Jersey Lemon Law before it is too late to do so. It can be very dangerous to read websites and conclude that a particular New Jersey Lemon claim does or does not equal a valid New Jersey Lemon Law claim. Do not try to interpret the law by reading a website!

WHAT IF THE NEW JERSEY CAR DEALER OR THE NEW JERSEY LEMON CAR MANUFACTURER SAYS I DON’T HAVE A NEW JERSEY LEMON LAW CASE?
Ignore them and seek competent legal advice from a New Jersey Lemon lawyer. 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 claim. Until you speak with a New Jersey Lemon 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 IF I THINK MY FACTS DO NOT FIT THE LEMON LAW?
You should always speak with a New Jersey Lemon lawyer before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! However, even if the facts of your case do not fit the requirements of the Lemon Law, you may be entitled to sue the New Jersey Lemon car manufacturer or its selling dealer for a breach of your warranties under other state and federal laws.

SHOULD I FILE A NEW JERSEY LEMON CLAIM WITH THE NEW JERSEY LEMON LAW UNIT?
The New Jersey Division of New Jersey Lemon buyer or New Jersey Lemon lessee Affairs established a New Jersey Lemon Law Unit for the handling of New Jersey Lemon Law claims. You are not required to file a New Jersey Lemon claim with the New Jersey Lemon Law Unit. If you file a New Jersey Lemon claim with the New Jersey Lemon Law Unit, you do not receive a trial by New Jersey Lemon law case jury. However, if you or your New Jersey Lemon attorney file a New Jersey lemon lawsuit in the Superior Court of New Jersey and properly demand a New Jersey Lemon law case jury and your New Jersey Lemon lawsuit is not dismissed before the New Jersey Lemon law case jury decides the New Jersey Lemon claim, a New Jersey Lemon law case jury of your peers decides whether you win or lose your New Jersey Lemon lawsuit. Under New Jersey Law, if citizens have a valid New Jersey Lemon lawsuit, they have a right to have their New Jersey Lemon lawsuit decided by a New Jersey Lemon law case jury. A New Jersey Lemon Law Unit claim is decided by a single administrative law judge instead of by a New Jersey Lemon law case jury of your peers. Who would you rather have decide your New Jersey Lemon lawsuit? A New Jersey judge without a New Jersey Lemon law case jury or a New Jersey judge with a New Jersey Lemon law case jury of your peers? Another disadvantage to the New Jersey Lemon Law Unit is that, while you may have more than one claim against The New Jersey Lemon car manufacturer (and thus multiple ways of recovering damages), you may bring only one type of claim against The New Jersey Lemon car manufacturer in the New Jersey Lemon Law Unit proceeding. Usually, the New Jersey car buyers, the New Jersey truck buyers, the New Jersey SUV buyers and New Jersey vehicle lessees who qualify for relief under the New Jersey Lemon Law also qualify for help under other laws. But the New Jersey Lemon Law Unit does not permit the New Jersey car buyers, the New Jersey truck buyers, the New Jersey SUV buyers and New Jersey vehicle lessees to seek relief under laws other than the New Jersey Lemon Law, which often results in their weakening their changes to recover money damages for their defective New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV. If you attempt to handle a New Jersey Lemon claim by yourself through the New Jersey Lemon Law Unit, you may lose your New Jersey Lemon claim by failing to follow the required procedures or by failing to present sufficient proofs at any hearing or by failing to pursue rights under laws other than the New Jersey Lemon Law. Usually manufacturers are represented by attorneys who are more familiar than you with such claims and quite often, the New Jersey Lemon buyer or New Jersey Lemon lessees who represent themselves before the New Jersey Lemon Law Unit fail to prove their New Jersey Lemon claim.

DO I HAVE TO START A NEW JERSEY LEMON LAW CLAIM WITH NEW JERSEY ARBITRATION OR NEW JERSEY MEDIATION BEFORE FILING NEW JERSEY LEMON LAWSUIT?
Regardless of what The New Jersey Lemon car manufacturer’s warranty says, usually, the New Jersey car buyers, the New Jersey truck buyers, the New Jersey SUV buyers and New Jersey vehicle lessees do not have to proceed to New Jersey arbitration or New Jersey mediation before filing New Jersey Lemon lawsuit against The New Jersey Lemon car manufacturer under the New Jersey Lemon Law. Under the New Jersey Lemon Law, if the New Jersey Lemon car manufacturer has its own dispute settlement or New Jersey arbitration program, the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee does not have to participate in it before filing New Jersey Lemon lawsuit against The New Jersey Lemon car manufacturer. Even if the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee decides to participate in such a program, if dissatisfied with the result, the New Jersey car buyer, the New Jersey truck buyer, the New Jersey SUV buyer or New Jersey lessee may be able to file New Jersey Lemon lawsuit against The New Jersey Lemon car manufacturer. However, by deciding to proceed with a New Jersey Lemon New Jersey arbitration process before filing New Jersey Lemon lawsuit, many the New Jersey car buyers, the New Jersey truck buyers, the New Jersey SUV buyers and New Jersey vehicle lessees waste much time and effort that could be better spent proceeding with New Jersey Lemon lawsuit. Often, Lemon Law dispute resolution programs increase rather than decrease the time it takes to resolve a case. There are some exceptions, such as if you signed a New Jersey Lemon New Jersey arbitration agreement. However before considering whether to begin New Jersey Lemon lawsuit or whether to begin any New Jersey mediation or New Jersey arbitration, you should speak to a New Jersey Lemon lawyer to have them review your New Jersey Lemon claim and to determine exactly how you should proceed.

NEW JERSEY OWNERS AND THE NEW JERSEY LEMON CAR MANUFACTURER VEHICLE LESSEES CALL NOW FOR A NO OBLIBATION PHONE CONSULTATION!
If you live in New Jersey and you bought a New Jersey Lemon car, the New Jersey Lemon truck or New Jersey Lemon SUV in New Jersey, contact Paul DePetris today for a no obligation consultation about what he can do for you. Call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LEMON LAWSUITS?
Yes. Paul DePetris has performed the following tasks:
• represented New Jersey lemon car buyers and other automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners, marinas, junk yard dealers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents in New Jersey disputes.
• appeared in New Jersey court in cases involving New Jersey Lemon Law disputes.
• won New Jersey Lemon Lawsuits.
• settled New Jersey Lemon Law claims and cases, recovering hundreds of thousands of dollars in money and replacement vehicles for many clients.
• worked on New Jersey Lemon Law claims and cases involving many types of automobiles, such as those manufactured by General Motors, Chrysler, Ford, Fleetwood, Winnebago, Honda, the New Jersey Lemon car manufacturer, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen.
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