LEMON LAW FOR NEW AND USED CARS LAWYER

The New Jersey Lemon Law provides many options for aggrieved consumers. There is a new car lemon law and there is a used car Lemon Law. Both the new car Lemon Law and used car Lemon Law protect consumers to purchase lemons. Most vehicles are covered. If you buy a vehicle from the dealer and was never previously titled war it was only used as a demo you can make a lemon law claim car.

The New Jersey used car lemon law is somewhat more complicated. It only applies to vehicles that are less than a 8 model years old and contain less than 100,000 miles at the time of purchase.Under the New Jersey used car lemon law the also restrictions on when the dealer must receive certain types of notice from the aggrieved consumers.If your car is a lemon the impact on your life is significant: how will you get to work, shuttle the kids around or leave the house? Mass transit is not an option. You need to take advantage of the New Jersey Lemon Law and fight back and force the manufacturer to repurchase your car. If the use, value or safety of your car has been substantially affected or impaired you can have your car repurchased with attorney fees and the cost reimbursed. You can also get your money back if the dealer has taken too long to fix the car. Yes, that is correct: even if the dealer fixes the car, but it takes too long, you can get your money back.

New Jersey has some of the strongest consumer laws in the country to protect you if your car is defective or is in the shop too long. You have a way to fight back and protect your family. Take advantage. The New Jersey Lemon Law is a very powerful tool for consumers who believe they have been aggrieved as a result of the condition of their vehicles substantially affecting the use, value and safety of that automobile.

The New Jersey Lemon Law has certain threshold requirements. These threshold requirements for the New Jersey Lemon Law are different depending on whether you choose to proceed to Superior Court or to the Administrative Court. The difference between these two courts for New Jersey Lemon Law is that in the Administrative Court you do not receive a jury, but rather a judge alone determines whether or not your vehicle is a lemon under New Jersey Lemon Law. In the Superior Court system, a jury could potentially determine whether or not your alleged lemon is a lemon under the New Jersey Lemon Law.

There are significant time differences between proceeding in Administrative Court for lemon law claim and in Super Court for lemon law claim. In the administrative context, the hearing usually occurs in 30 to 90 days from the filing of the claim. A judge will then hear your case, hear the manufacturer’s case, and make a decision within 30 days unless there are any supplements to the record. In the context of a lemon law claim filed in Superior Court, it takes significantly longer. It is also more expensive. It is $250 to file a lemon law complaint in Superior Court and it takes approximate a year to a year-and-a-half until you have the opportunity to get to a judge or jury. A jury then will determine whether or not your vehicle is a lemon under the New Jersey Lemon Law.

In proceeding with a lemon law claim under the New Jersey Lemon Law, you should be mindful that it is your burden to demonstrate that the vehicle’s use, value and safety have been substantially impaired. If the manufacturer is unable to repair the vehicle in three attempts and a certified letter was sent to the manufacturer, then it is presumed that the vehicle is a lemon and it is the obligation of the manufacturer to rebut this presumption. Even if the manufacturer fixes your vehicle under the demand letter for the New Jersey Lemon Law, if they take too long, you are entitled to a verdict determining that your vehicle is a lemon under New Jersey Lemon Law. The manufacturer is obligated to repair all warranted issues within a reasonable time period. If they do not remedy the defects within a reasonable time, you are entitled to remedies under the New Jersey Lemon Law.

If the manufacturer is required to repurchase the vehicle under the New Jersey Lemon Law, they would be entitled to a mileage credit from the first repair attempt for the alleged defect. This must be done within a certain amount of time and the title must be branded as a lemon under the New Jersey Lemon Law.

National Highway Safety Administration (NHTSA)

New Jersey State publication on Lemon Law rights.

Lemon Law checklist

Get help form a consumer rights lawyer

There is a presumption that a car is a lemon under New Jersey Lemon Law if the car has three or more repair attempts for the same problem OR if the car is out of service for 20 days or more. In addition, the use, value and safety must be significantly affected.

The manufacturer has the opportunity to rebut the presumption that the car is a lemon. The car can also be a lemon if the authorized automobile dealership fails to repair the car in a reasonable time period (jury decides this issue). There are many cases on what is and is not a lemon under the New Jersey Lemon Law.

To qualify for New Jersey Lemon Law the automobile need only be purchased/leased or registered in New Jersey. The use must be personal use rather than for commercial purposes. These are threshold requirements, which must be satisfied to qualify to be successful under New Jersey Lemon Law.

The New Jersey lemon law is a very useful tool for consumers. Many cars are covered by both the new car lemon law in the use car lemon law. These New Jersey consumer laws provide significant benefits. The Lemon Law does not apply to vehicles. The law only applies to consumer vehicles. The New Jersey lemon law provides relatively easy access to the courts. The New Jersey Lemon Law provides for the payment of attorney’s fees to those who have successfully cases. There are many other tools that are available for consumers in this state. New Jersey has some of the strongest consumer laws in the entire country. The New Jersey consumer laws provides many benefits to New Jersey consumers as well as out-of-state consumers been victimized by fraud or consumer fraud.

The new and used New Jersey lemon law provides additional protection for consumers in addition to the Magnusson -Moss Warranty and Uniform Commercial Code as adopted by the state of New Jersey.

Is my car lemon? This is a question many consumers asked themselves who are considering filing a lemon law claim. If you are considering filing a claim you are best suited to hire a consumer lawyer with lemon law claims and as experience.

GET THE HELP WITH AN EXPERIENCED LEMON LAW LAWYER

There are certain mileage requirements under the Law. The complaints or the loss of use must have been in the first 24,000 miles or 24 months, whichever is first. This is the new car Lemon Law. The requirements are different under the used car Lemon Law.

3 repair attempts, OR more than 20 calendar days out of service, OR one repair attempt for a serious defect which could cause death or bodily harm.

• Is your car a lemon?
• Do you want a lemon law refund?
• Do you want to get rid of your defective car?
• Do you have a dangerous car?
• Do you own a lemon?
• Learn your rights

New Jersey consumers have many rights under the New Jersey law. There are some restrictions, and these are called mileage requirements. The law states that under certain circumstances, based on the mileage of the vehicle, you cannot obtain any remedies guaranteed under New Jersey law. And if you do not satisfy these mileage requirements you cannot file suit cannot make a claim. However, you can still make a claim under other consumer statutes and other federal statutes both at the New Jersey and at the federal level.

The New Jersey Lemon Law permits suit to be brought in Superior Court or Administrative Court. Matters in Superior Court last about a year-and-a-half, depending on the county. Matters in the Administrative Court take about three to six months. In Superior Court you are permitted a jury, not in Administrative Court, where an administrative judge makes the decisions. The New Jersey lemon law provides access to both administrative in Superior Court. The New Jersey lemon law, both new and used, provide consumers with many remedies in order to provide them with protection if they acquired the vehicle. New Jersey has both a new and used lemon. In both situations you can file suit in Superior Court or you can have alternative administrative court. Administrative Court has shorter time frame than a suit in Superior Court. In Superior Court you are getting a judge and jury where in administrative court only a judge. In conclusion you litigate in various areas and pursue all remedies available. There is not much restriction on which place you can litigate.

If you are successful under New Jersey Lemon Law you get a refund less mileage offset. The refund is a return of all payments, including down payments, rental car charges and other related expenses. The manufacturer must repurchase the lemon and pay off the loan. There is a formula to calculate the mileage offset: purchase price times the mileage when the defect first appeared, divided by 100,000. The State of New Jersey has a Lemon Law unit that keeps track of Lemon Law buybacks since they get a branded title and the information is deemed public information.