Lemon Law - Davis Consumer Law Firm

Qualifications

Vehicle coverage period is within two years from the vehicle delivery date, or within 24,000 miles (whichever occurs first). Defect must substantially impair the use, value or safety of the vehicle or be a serious safety defect which is likely to cause death or serious bodily injury if driven.

Requirements of the law:

Must allow the manufacturer at least two initial repair attempts* for the same defect.

*In the case if a serious safety defect likely to cause death or serious bodily harm, the certified letter can be sent to the manufacturer after one repair attempt.

After initial number of attempts, consumer must send a certified letter to the manufacturer allowing for one final repair opportunity (third attempt)(Be sure to receive and save the certified mail return receipt to prove you mailed the "final repair" notice to the manufacturer).

Consumer has four years after the third repair attempt (or if the vehicle is out of service for a total of 20 calendar days or more for repair) to file a lemon law claim.

Vehicles Covered:

New passenger motor vehicles and motorcycles purchased, leased or registered in New Jersey

Authorized emergency vehicles

Used Cars

Leased Cars

Motor homes (except living quarters)

New Jersey Lemon Law does not cover vehicles registered for commercial use.

Regardless of the age of the vehicle, if the problems occurred while the vehicle was under warranty and the manufacturer failed the repair the defects in a reasonable amount of time, and the vehicle is not covered under the New Jersey Lemon Law (or if you missed the filing cut off time period), you may still have a case under the federal consumer protection laws or other statutes:

Magnuson-Moss Warranty Act

An Act that was designed to ensure that manufacturers of consumer products who offer a written warranty on that product comply and honor the terms of the warranty. The Act provides for a refund or free replacement of the defective product, including attorney fees and all associated costs.

Uniform Commercial Code

The UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of consumer products. The UCC does not specifically define a "lemon" and so the outcome of your case may vary depending upon the court decision, as well as your protection under the Magnuson-Moss Warranty Act.