What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

Passenger automobiles and motorcycles. Includes the nonliving portions of motor homes.

3 repair attempts or 30 calendar days out of service.

2 years or 18,000 miles.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

How Does The Arbitration Hearing Work?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law gives consumers the chance to have their cases heard before an administrative law judge in the Office of Administrative Law. You have the right to hire an attorney. An attorney is not required for this hearing but it may be to your advantage to have one present. The Lemon Law Unit does not provide legal representation for the consumer. The manufacturer, however, will be represented by an attorney. If you are successful in proving your case, you will be reimbursed any reasonable attorney`s fees incurred.

Important
To qualify for a hearing before an administrative law judge:

You must have allowed the manufacturer three chances to repair substantially the same defects(s) OR your vehicle must have been out of service due to repairs for a total of 20 cumulative calendar days for a single problem or a series of problems.
You must have notified the manufacturer in writing of its final chance to repair the defect, within the term of protection:18,000 miles or two years, whichever occurs first.
You must have given the manufacturer that final chance to repair the vehicle, and you must have the certified mail return receipt proving that the manufacturer received the final chance notification.

How Long Should The Repair Take?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law allows the manufacturer a reasonable amount of time to repair or correct the defect. A reasonable amount of time means three repair attempts for the same defect or a total of 20 cumulative days out of service because of one or more defects or repairs.

Note: It is very important that you report any defect or condition directly to the manufacturer or dealer immediately. It is also important that you keep all repair receipts and a complete record of all contacts with the manufacturer and dealer.

Under What Conditions Do I Qualify For A Manufacturer Refund Or Replacement For My Lemon?

Tue, 29 May 2007 21:19:00 GMT

A buyer cannot get a refund or replacement of the vehicle unless the manufacturer has been unable to correct the problem within a reasonable time.

The manufacturer is presumed to have failed to correct a problem if it still exists after:

Three repair attempts; or
The vehicle has been out of service (due to the problem) for a total of 20 days.
- Whenever the vehicle is returned for service or repair, the manufacturer or dealer must provide an itemized statement of repair which includes:
  - Diagnosis made;
  - All work performed;
  - General description of the problem;
  - Amount charge for parts and labor, if paid for by you;
  - Date and odometer reading when the vehicle was submitted for repair; and
  - Date and odometer reading when the vehicle was made available to you.

You then has the option to:

Get a comparable vehicle from the manufacturer of equal value; or
Return the vehicle for a refund of the full purchase price, including all costs paid by the buyer (such as taxes, tags, and delivery fees).
- A reasonable deduction or offset is subtracted from the price to account for your reasonable use of the vehicle.

What Arbitration Programs Are Available To Me?

Tue, 29 May 2007 21:19:00 GMT

Manufacturer Sponsored Arbitration
Many manufacturers sponsor arbitration programs to hear and make decisions about consumer warranty problems. An owner with a defective vehicle must contact the manufacturer`s representative listed in the owner`s manual to try to solve the problem.

An owner may agree to resolve a problem through arbitration.
The arbitrator`s decision is binding on the manufacturer, but not the owner.
Owners may still pursue their Lemon Law rights through a lawsuit if not satisfied with an arbitration decision.

If the manufacturer sponsors an arbitration program, a buyer is not required to first participate in the program before a Lemon Law lawsuit can be filed in New Jersey. A buyer may also use the state arbitration program rather than the manufacturers.

State Arbitration
New Jersey has a state arbitration program run by the Division of Consumer Affairs. A buyer can submit a claim to the Division, and a hearing is then held. The Office of Administrative Law issues a decision, and the Director of the Division of Consumer Affairs then makes a final ruling. Once a final ruling is issued, the buyer cannot file a separate claim in Superior Court but the ruling itself can be appealed to the Appellate Division of the Superior Court.

What Are Covered Defects?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to any defect, problem, or condition that substantially impairs a vehicles use, value, or safety.
The Lemon Law does not apply to any defect or problem due to:
- Abuse or neglect by the owner; or
- Unauthorized modifications or alterations to the vehicle by anyone other than the manufacturer or a dealer.

Procedures

The buyer must notify the manufacturer of the nonconformity during the warranty period.
The manufacturer must make or arrange with its dealer to make the necessary repairs within a reasonable time.

What Do I Do If I'm Not Satified With The Arbitration Results?

Tue, 29 May 2007 21:19:00 GMT

If you are not satisfied with the results of arbitration, or if arbitration was not available or could not be used, the buyer can bring a lawsuit against the manufacturer in court.

In New Jersey, Lemon Law cases must be filed in the Superior Court. In addition to being awarded damages to cover repair or replacement, you may also recover reasonable attorney`s fees, expert witness fees, and all court costs if the court rules in your favor.

What Do I Have To Do In Order To File A Lemon Law Claim?

Tue, 29 May 2007 21:19:00 GMT

Before you can file a claim under the Lemon Law in the Division of Consumer Affairs, you must give the manufacturer one final chance to repair the defect. A letter to the manufacturer (not the dealer) must be sent by certified mail, return receipt requested, stating that you may have a claim and that you are giving the manufacturer one last chance to repair the defect. The manufacturer should be allowed ten days following the date on the certified mail return receipt to repair the vehicle. Contact the Division of Consumer Affairs` Lemon Law Unit for the address of the manufacturer`s regional office, to which you should send your letter.

In sending your letter, remember:

A letter can be sent to the manufacturer after your second unsuccessful attempt to repair the same problem or if the defects still exist after 20 cumulative days out of service.
Your letter must be sent by certified mailreturn receipt requested.
It must be sent before 18,000 miles or two years, whichever occurs first.
Address the letter to the manufacturer.
Be sure to include your name, address and telephone number.

If, after contacting the manufacturer, your problem(s) still exist, you should send the Lemon Law Unit photocopies of the final repair letter, the certified mail return receipt, and repair orders and a brief description of the manufacturer`s response. At this time you should also request an application for Lemon Law Dispute Resolution.

What Is Not Covered?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law does not cover vehicles registered for commercial use.
The Lemon Law does not cover the living quarters of motor homes.
The Lemon Law does not cover the defects caused by accident, vandalism, abuse or neglect.
The Lemon Law does not cover defects caused by attempts to repair or to modify the vehicle by a person other than the manufacturer, its agent or authorized dealer.

What Is The Covered Warranty Period?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to problems or defects that are discovered within:

Two years after delivery of the vehicle to the buyer; or
The first 18,000 miles, whichever occurs first.

To make a claim under this law, the consumer must send a written notification of the claim by certified mail return receipt requested to the manufacturer during the warranty period.

What Is The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

The Lemon Law applies to anyone who buys, leases or registers a new car or motorcycle in New Jersey. The intent of the law is to require the manufacturer of a new motor vehicle to correct the defects that are originally covered under the manufacturer`s warranty and are identified and reported within 18,000 miles or two years, whichever comes first. To qualify under the Lemon Law, the defect must substantially impair the use, value or safety of your vehicle. Under the New Jersey Lemon Law you may be entitled to reimbursement or a new car.

What Recourse Do I Have If The Manufacturer Rejects My Lemon Law Claim?

Tue, 29 May 2007 21:19:00 GMT

If the manufacturer does not accept your Lemon Law claim and will not refund your money or replace your vehicle, you have three choices. You may:

ask for a hearing through the Division of Consumer Affairs` Automotive Dispute Resolution Program;
send your complaint to the manufacturer`s informal dispute settlement program; or
file a civil action in court.

Where Can I Get More Information?

Tue, 29 May 2007 21:19:00 GMT

If you have a question or are uncertain about a particular aspect of the Lemon Law, you can get in touch with the Lemon Law Unit, N.J. Division of Consumer Affairs, P.O. Box 45026, Newark, N.J. 07102, 9735046226 or via EMail.

In addition, the Lemon Law Unit will provide, upon request, a guideline booklet to the New Jersey Lemon Law, a sample letter to the manufacturer and the correct manufacturer`s address.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 14:34:57 GMT

Free Lemon Law Attorney FAQs