Many states have consumer protection laws in place to protect drivers purchasing personal vehicles. In New Jersey, they’re called lemon laws. Read on to find out what drivers need to know about the lemon law and how it works.
What’s considered a Lemon?
In New Jersey, a lemon is a car that has a defect that substantially impairs its safe use or value that cannot be repaired within three trips to the shop in 20 or more calendar days. For a vehicle to be considered non-conforming under the lemon law, the dealer must not have disclosed the problem prior to the sale.
What Protections Does It Offer?
Drivers have a few forms of recourse under the lemon law. They include the repurchase of the defective vehicle or receiving a new one if the defects preclude safe use or, if the defects affect only its value, monetary compensation to make up for the value lost as a result of the problem. In the latter case, drivers will also be able to keep the vehicle.
What Vehicles Are Covered?
The lemon law covers vehicles purchased for personal use. That includes cars, trucks, or motorcycles.
How Can Drivers Take Advantage of This Law?
Drivers who have been sold lemons should seek legal help. Legal representation is completely free for those who must seek recourse under the lemon law. If the driver wins the case, his or her lawyers are paid by the vehicle’s manufacturer, not the consumer.
What Does It Take to Win a Case?
The driver needs to be able to prove that the car is defective. Under this consumer protection law, manufacturers also have rights. They have the right to attempt to repair the problem three times before the driver can file a claim.
If the vehicle has been in the shop for 20 days out of the first 24,000 miles or 24 months of ownership, it doesn’t matter whether it’s having the same problem over and over or many different problems. The 20 days don’t have to be consecutive.
Are There Other Exceptions Where the Lemon Law Applies?
There is another exception to the three repair attempt provision. If the vehicle has a defect that could cause severe bodily injury and the manufacturer cannot resolve the problem in one attempt, drivers can still file a claim under the lemon law. When in doubt about whether this law applies, the best thing to do is to consult a lawyer.
What about Ongoing Problems?
There’s a different consumer protection law that covers vehicles experiencing ongoing problems. If the first problem occurs after the 24-month/24,000 mile cutoff, drivers may still be able to seek compensation under the Federal Magnuson-Moss Warranty Act. That’s because the car should still be under a manufacturer’s warranty, so the seller is required to honor it.
The Bottom Line
New Jersey drivers have a right to drive safe vehicles. As long as they have purchased cars, trucks, or motorcycles for personal use with no foreknowledge of a problem, they should be able to seek either compensation or an entirely new vehicle. Get in touch with a lawyer to discuss options as soon as possible.
