New Jersey's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for New Jersey (N.J.S.A. 56:12-29 a 56:12-49 (autos nuevos); N.J.S.A. 56:8-67 a 56:8-80 (autos usados)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New cars and motorcycles bought, leased or registered in New Jersey, with a defect that substantially impairs use, value or safety, or a serious safety defect likely to cause death or serious bodily injury. It also covers authorized emergency vehicles and the portions of a motor home that are not living quarters.

Rights period: 2 years or 24,000 miles from delivery, whichever comes first.

When it is presumed a lemon

The last-chance letter goes to the manufacturer, not the dealer, by certified mail with return receipt requested, and you may send it after TWO failed attempts to repair the same defect, or after 20 cumulative days out of service (45 for a motor home), or after a single attempt for a serious safety defect. The manufacturer then has 10 days from the date on the return receipt to fix it. The letter must reach the manufacturer before 24,000 miles and within 2 years of delivery, at the regional office whose address the Lemon Law Unit gives you. To get to the hearing you need three repair attempts in total and the defect must still be there after the last one.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Application to the Lemon Law Unit with the letter and return receipt. If it is accepted, you pay $50 (refunded if you win) and the hearing before an administrative law judge (OAL) is usually set within about 20 days, in Newark, Trenton or Atlantic City. The judge decides within 20 days and the Director within 15 more. You do not need a lawyer; if you win, the manufacturer pays reasonable attorney fees. You can also go to court.

Who handles it: New Jersey Division of Consumer Affairs — Lemon Law Unit.

Hotline: 973-504-6226 (Lemon Law Unit) · 800-242-5846 (Consumer Affairs, en NJ).

What you get if you win

Refund of the purchase price with applicable collateral charges, minus an allowance for use. Confirm which documented expenses are recoverable through the current Lemon Law Unit process.

What it does not cover

Vehicles registered for commercial use; the living quarters of motor homes; defects from accident, vandalism, abuse or neglect; defects caused by anyone other than the manufacturer, its agent or an authorized dealer.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In New Jersey: New Jersey has a used-car lemon law (N.J.S.A. 56:8-67 et seq.) for passenger cars bought from a licensed used car dealer. The dealer must give you a written warranty if the car cost $3,000 or more, is 7 model years old or less, reads 100,000 miles or less and was not declared a total loss. It lasts 90 days or 3,000 miles at 24,000 miles or less; 60 days or 2,000 miles between 24,000 and 60,000; 30 days or 1,000 miles between 60,000 and 100,000, and only above 60,000 miles can you waive it, in writing. You pay a $50 deductible for each repair. Careful: the warranty does not cover the whole car. It covers a list of powertrain items: the engine and its internal lubricated parts, the automatic or manual transmission and transfer case, front-wheel drive and rear-wheel drive. Brakes, suspension, air conditioning, electronics and body are outside it. If three attempts fail to fix the same material defect, or the car sits 20 cumulative days in the shop, you can ask the Lemon Law Unit for a refund of the purchase price; that refund leaves out taxes and fees, and excessive wear and tear and your personal use are subtracted. Filing there is free, but if you hire a lawyer the fees do not come out of the refund. It does not apply to extended service contracts or to what is left of the factory warranty. "As is" only holds if the car falls outside those rules or you signed the waiver. Private sales are not covered; there the Consumer Fraud Act protects you.