LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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New Jersey Lemon Law 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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, deadlines 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 FAQs
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?
The purpose of the New Jersey Lemon Law is to protect New Jersey buyers or New Jersey lessees when they buy or lease a New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle and the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer cannot correct defects in the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle.

WHAT VEHICLES DOES THE NEW JERSEY LEMON LAW APPLY TO?
The New Jersey Lemon Law does not apply to every defect in a New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle. It is not a guarantee against every defect. It applies to a defect that substantially impairs the use, value or safety of New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle. The New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle 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. The person seeking to apply the New Jersey Lemon Law must be a buyer or lessee, other than for purposes of resale or sublease, of such New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle or a person to whom the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle was transferred during the duration of a warranty applicable to the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.

WHO IS RESPONSIBLE FOR VEHICLE DEFECTS UNDER THE NEW JERSEY LEMON LAW?
Those engaged in the business of manufacturing, assembling or distributing New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycles are responsible for vehicle defects under the New Jersey Lemon Law. New Jersey car dealers are not responsible for new car defects under the New Jersey Lemon Law.

HOW DO I PROVE A NEW JERSEY LEMON LAW CASE?
For a New Jersey car buyer plaintiff or New Jersey lessee plaintiff to establish a claim under the New Jersey Lemon Law, the New Jersey 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 lawsuit. The elements are:
• The New Jersey car buyer plaintiff or New Jersey car lessee plaintiff purchased/leased New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle manufactured by the defendant.
• The New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle 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 New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle.
• The 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 car buyer plaintiff or New Jersey car buyer lessee, whichever is earlier.
• The New Jersey car buyer plaintiff or New Jersey car buyer lessee reported the the New Jersey Lemon Law nonconformity to the 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 New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer, through its authorized dealers, did not repair the the New Jersey Lemon Law nonconformity or non-conformities within a reasonable time.

WHAT IS A SUBSTANTIAL IMPAIRMENT UNDER THE NEW JERSEY LEMON LAW?
To substantially impair, the New Jersey Lemon Law car defect or condition must impair the use, value or safety in an important, essential or significant way. The term “substantial does not mean a defect, impairment or condition that is minor, trivial or unimportant. In determining whether a defect or condition substantially impairs the use or value of the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle, the New Jersey Court can consider whether the New Jersey Lemon Law car defects or conditions have shaken the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff’s confidence in the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle. If the New Jersey Lemon Law car defect has shaken the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff’s confidence in the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle, this loss of confidence may be the basis for you to find that the New Jersey Lemon Law car defect has impaired the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle’s use or value. The New Jersey court should consider this from both a subjective and objective point of view. From a subjective standpoint, the New Jersey Lemon Law car defects must be examined from the point of view of the New Jersey buyer plaintiff or New Jersey lessee plaintiff. From an objective standpoint, the New Jersey Lemon Law car defects that allegedly have shaken the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff’s confidence must be consistent with what a reasonable person in the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff’s position would have believed under the same or similar circumstances. For example, in deciding whether a specific defect or condition substantially impairs the use or value of New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle, the New Jersey Court may consider whether the specific defect or condition complained of, in fact caused the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff to lose confidence in this vehicle. Even if the New Jersey Court finds that the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff’s confidence in the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle was shaken, the New Jersey court should also consider whether or not the specific defect or condition, if any, was such that a reasonable person would have lost confidence in the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle.

WHAT ARE DEFENSES TO NEW JERSEY LEMON LAW CASES?
New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle manufacturer in a New Jersey Lemon Law case may raise as a defense to the New Jersey 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 New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle and/or that the the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle by someone other than the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer or its dealer. If the New Jersey Court finds the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle 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 New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle and/or that the the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle by someone other than the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle 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?
It is presumed that New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle manufacturer or its dealer is unable to repair or correct a the 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 car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle to a consumer, whichever is the earlier date:
• substantially the same the the New Jersey Lemon Law nonconformity has been subject to repair three or more times by the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer, or its dealer, and the the New Jersey Lemon Law nonconformity continued to exist; or
• the New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle 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 car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle and the New Jersey Lemon Law nonconformity continues to exist.

The New Jersey Lemon presumption, however, shall only apply against the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer, if the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer has received written notification, by or on behalf of the New Jersey 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 Law car defect or condition within 10 calendar days following receipt of the notification. The notification by the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff shall take place any time after the New Jersey car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle 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 VEHICLE IS A NEW JERSEY LEMON UNDER THE NEW JERSEY LEMON LAW?
If the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer is unable to correct the New Jersey Lemon Law nonconformity within a reasonable time, the New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer shall accept return of the New Jersey Lemon car from the New Jersey car buyer plaintiff or New Jersey car lessee plaintiff. The New Jersey New Jersey lemon car, New Jersey lemon truck, New Jersey lemon SUV, New Jersey lemon recreational vehicle and New Jersey lemon motorcycle manufacturer shall also provide the New Jersey 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 car, New Jersey truck, New Jersey SUV, New Jersey recreational vehicle and New Jersey motorcycle, which shall be calculated by the court.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help. 
 

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