Christina Spicer  |  September 16, 2020

Category: Auto News

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There is a lemon law for used cars in New Jersey, but vehicles must meet certain criteria in order to be eligible. A lemon law attorney can help you determine your lemon’s eligibility.

What Is the Lemon Law?

The New Jersey Lemon Law protects consumers from what the law deems “lemons” – cars or other vehicles which have repeated defects or defects that can’t be repaired. Instead of consumers being forced to foot hefty repair bills, the lemon law allows consumers to seek a replacement or a full refund.

The New Car lemon law covers vehicles that are less than seven model years old, were purchased from a licensed dealership for at least $3,000, and had fewer than 100,000 miles at the time of purchase. If these vehicles have an issue with the engine, transmission, power train, or other vital part, consumers may be able to take action, so long as the issue is not related to a recall.

Manufacturers or dealers have three tries to repair or correct the defect before it is declared a lemon. If the car has been out of service for 20 cumulative days due to repairs, it is designated a lemon. If a vehicle is a lemon, the dealer or manufacturer is required to provide a replacement or refund of the car’s purchase price.

The New Jersey Division of Consumer Affairs notes that once a consumer’s application has been accepted, many lemon law cases are settled out of court with the dealer or manufacturer.

New Jersey Lemon Law for Used Cars

New Jersey’s lemon law also includes provisions for used vehicles. A used vehicle is eligible if it meets the same criteria as new cars (less than seven model years old, purchased from a licensed dealership for at least $3,000, and fewer than 100,000 miles at the time of purchase).

The New Jersey lemon law for Used Cars provides warranty extensions. The length of the warranty extension depends on the number of miles on the vehicle at the time of purchase, as follows:

  • 24,000 miles or less: warranty for 90 days or 3,000 miles
  • 24,000 miles to 60,000 miles: warranty for 60 days or 2,000 miles
  • 60,000 miles to 100,000 miles: warranty for 30 days or 1,000 miles

If a vehicle fails or malfunctions during the warranty period, the dealership is required to provide repairs and corrections – subject to a $50 deductible for each repair. As with the new car lemon law, the lemon law for used cars covers defects with the engine, transmission, and power drive.

Is there a lemon law for used cars in New Jersey?Problems Covered by New Jersey Lemon Law

The lemon law for used cars, as well as new, in New Jersey applies to “nonconformities,” or defects or conditions that impair the use of the vehicle, according to the Better Business Bureau. Consumers can demonstrate nonconformity by showing that the problem affects the safety, use, or value of the vehicle in a major way.

Problems with the following parts of used cars may be covered by New Jersey lemon law:

  • Front- and rear-wheel drive
  • Transmission automatic/transfer case
  • Transmission manual/transfer case

Consumers should note that a number of types of vehicles are not covered by New Jersey lemon law, including total loss, salvaged title, or flood damaged vehicles, leased vehicles, vehicles sold by private parties, commercial vehicles, motorcycles, and those still covered by a manufacturer’s warranty.

Compensation Under New Jersey Lemon Law

If the dealer is unable to repair a used vehicle as permitted by New Jersey lemon law, car owners can pursue several types of relief or compensation.

  • Repair: manufacturers must be allowed at least three attempts to repair the vehicle within a reasonable time frame
  • Replacement: car dealers can offer to replace a lemon, but consumers do not have to accept a replacement.
  • Refund: lemon owners may ask for or car dealers may offer a refund of the vehicle.

Lemon owners who want a refund should note that the manufacturer is not required to refund title and registration fees or sales tax. Additionally, a deduction from the full price of the lemon may be taken for excessive wear and tear and for personal use of the vehicle.

How Do I Seek Compensation Under the Lemon Law?

Although seeking help from an attorney is not required to seek compensation under the lemon law for used cars, consumers may benefit from a lawyer’s expertise. These professionals can help argue your case in court, guide you through the application process, and even assist in settlement negotiations. If you seek the help of an attorney and are successful in your claim, the manufacturer or dealer may be required to pay your legal fees.

Join a Free Lemon Law Defective Vehicle Investigation

If you have a defective vehicle that is under warranty and is still not fixed after multiple attempts, you may qualify for help under your state’s Lemon Law.

(Note: Residents of North Carolina do not qualify for this investigation.)

Learn more by filling out the form on this page for a free case evaluation by experienced Lemon Law attorneys or call (877) 289-0615.

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PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

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