Lemon Law in New Jersey
Contents
- Lemon Law in New Jersey
- New Jersey Lemon Laws Qualifications
- New Jersey Lemon Laws Procedures
- FAQs on Lemon Law New Jersey
- Does New Jersey have a used car Lemon Law?
- How do I file a Lemon Law complaint in New Jersey?
- What is considered to be a lemon?
- Does the Lemon Law apply to private sales in New Jersey?
- Can you return a used car in NJ?
- What is the Consumer Legal Remedies Act Lemon Law?
- Which state has the best Lemon Law?
- What is Barney’s Lemon Law?
- How many miles should a 7-year-old car have?
- Can a dealer sell a car as is in NJ?
- How do I protect myself from a private sale?
- What does the Magnuson Moss Warranty Act do?
The Lemon Law in New Jersey is a consumer protection that safeguards those who purchase vehicles that develop recurring flaws or long periods of inoperability during the initial two years or 24,000 miles. The Division of Consumer Affairs within the state is responsible for receiving complaints and addressing inquiries regarding the law. With its implementation, people now have access to reliable resources should they experience such unfortunate instances with their vehicles. As a wise consumer, it pays to be knowledgeable about this facet of the law so you can make informed decisions. With the Lemon Law, you can rest assured that you have an advocate when it comes to being treated fairly and having access to secure remedies.
Show of hands: who loves that new car smell? Admit it; we all do. There is nothing like the simple pleasure of driving a brand-new car. Most automakers recommend that we change our oil and do a “check-up” every three thousand miles. In fact, they go so far as to provide a handy little guide for us in our owner’s manual to keep track of these things.
For every new car, there is a bit of a “shake-down” period as we become accustomed to how the vehicle handles. The car itself is also getting used to our driving habits. What could possibly go wrong with this scenario? Sadly, in some cases, quite a lot.
New Jersey Lemon laws, or as the lawyers like to call them Title 56:12-29 to 56:12-49, are on the books to protect consumers when that brand new car of theirs turns out to be a dud. The laws have been in effect since 1989. If you find yourself stuck with a lemon in New Jersey, you have the law on your side.
New Jersey Lemon Laws Qualifications
To be defined as a New Jersey lemon, your car needs to have been purchased new in the state. If a defect occurs within the first two years of ownership or the first 18,000 miles that is a manufacturer’s problem you could begin the process for restitution. Note: the New Jersey Lemon Law doesn’t cover commercial vehicles or any kind of motor home or RV.
A defect under this law means any issue with your car that has forced you into a mechanic for at least three separate repair tries for the same issue. It would also apply to a car that you haven’t been able to drive for at least 20 days because of that problem. The problem in question can’t be the result of any accident or neglect. In other words, drive safe and get your oil changed!
New Jersey Lemon Laws Procedures
If you feel your car meets those qualifications, the next step is to inform the car maker with a certified letter detailing the problem and your attempts to fix it. You should have a complete record of all the repair attempts/failures of to this point. Although your own notes are a good start, written reports from the mechanic are probably a better way to go.
After the carmaker has been sent a copy of all this information, they have the right to make one last attempt at a repair. At this point, you shouldn’t be paying for the repairs.
Once that has come and gone and the car is still a “no-go” then the manufacturer has the right to offer you a replacement. You in turn have the right to turn down the replacement and get a full refund for anything you paid on the car so far. Part of that refund can include any money you out of pocket for repairs, towing or even rental car fees. If this lemon was a lease, you will be entitled to a refund of all the payments you made on the lease contract.
FAQs on Lemon Law New Jersey
Does New Jersey have a used car Lemon Law?
Yes, New Jersey does have a used car Lemon Law, often known as the “New Jersey Used Car Lemon Law.” This law provides protection for residents of New Jersey who purchase used cars that later turn out to be lemons or unreliable vehicles. The law outlines rules and regulations regarding what makes a vehicle a “lemon” and how consumers can file an official complaint in order to receive a refund or replacement.
How do I file a Lemon Law complaint in New Jersey?
If you believe your used car is a lemon, you must first contact the original dealer or manufacturer in writing to alert them to the issue. If the dealer is unable or unwilling to provide a satisfactory resolution, you may then proceed with the next step: filing a formal complaint with the New Jersey Motor Vehicle Commission. The complaint should include all relevant information about the transaction, including details about the vehicle, its purchase price, and your attempts to have the problem resolved.
What is considered to be a lemon?
In New Jersey, a vehicle qualifies as a lemon if it has been subject to multiple failed repairs within the first two years or 18,000 miles from purchase. The defect must also substantially impair the use or value of the vehicle.
Does the Lemon Law apply to private sales in New Jersey?
Unfortunately, the New Jersey Used Car Lemon Law does not extend to private sales. The only protection provided by this law applies to those purchasing used vehicles from licensed dealerships. For private sales, it is best to obtain extended warranty coverage from a third-party provider to protect yourself in case of unforeseen problems.
Can you return a used car in NJ?
Generally speaking, there is no statutory right to return a used car in New Jersey. However, some dealers may be willing to accept returns on certain conditions if they are made aware of the defect during the initial negotiation process. It is always best to ensure that all purchases are made with caution and understanding of the legal protections offered by the state.
What is the Consumer Legal Remedies Act Lemon Law?
The Consumer Legal Remedies Act (CLRA) is a federal law that outlines consumer protection rights across the United States. This law provides protection for consumers against unfair often fraudulent business practices, such as false advertising and fraud. It also includes a section on lemon laws that address purchased goods that are not as warranted by the seller or unfit for use.
Which state has the best Lemon Law?
Different states have different types of lemon laws with varying levels of consumer protection. For example, California’s lemon law ensures consumers who purchase defective vehicles are eligible for compensation up to three times the cost of the vehicle. Other states with strong lemon laws include Florida, Massachusetts, Washington, and Minnesota.
What is Barney’s Lemon Law?
““Barney’s Lemon Law” is a term commonly used to refer to a specific provision of the Pennsylvania Motor Vehicle Sales Practice Act which allows buyers of defective motor vehicles the right to sue for damages. This law provides greater protection than many other states’ lemon laws and often serves as a model statute for others around the country.
How many miles should a 7-year-old car have?
Generally speaking, a seven-year-old car should have roughly 85,000 miles on its odometer. However, this number may vary significantly depending on how well the car was maintained and how frequently it was driven.
Can a dealer sell a car as is in NJ?
No, auto dealers in New Jersey cannot sell vehicles as is without informing the buyer beforehand. Dealers must provide prospective buyers with all applicable warranties and disclosures required under state law before selling any used vehicle.
How do I protect myself from a private sale?
When buying a used car from an individual seller, it is always important to take extra precautions in order to protect yourself from any potential issues down the road. Make sure to inspect the car thoroughly; ask for service records and vehicle history reports; and request that any necessary repairs be completed prior to sale. Additionally, it is wise to invest in extended warranty coverage from a third-party provider for added protection.
What does the Magnuson Moss Warranty Act do?
The Magnuson Moss Warranty Act (MMWA) is a federal law that protects consumers from deceptive business practices related to warranties on products sold in most states across America. This includes cars, trucks, motorcycles, and other motorized vehicles. The MMWA requires manufacturers and sellers to clearly list and explain each warranty provided when selling covered products. It also prohibits businesses from tying consumer warranties to their own service contracts and prevents companies from making false statements about warranties.