The New Jersey Lemon Law applies to anyone who buys, leases or registers a new car or motorcycle in New Jersey. The Lemon Law does not cover vehicles registered for commercial use, the living quarters of motor homes, defects caused by accident, vandalism, abuse or neglect or defects caused by attempts to repair or to modify the vehicle by a person other than the manufacturer, its agent or authorized dealer. In short, it must be a naturally occurring defect that is covered by the vehicle’s warranty.

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 vehicle must meet the following requirements:

• The vehicle must have a defect or nonconformity which substantially impairs the use, value or safety of the vehicle.
• The vehicle must have been submitted for unsuccessful repair of the problem to the dealer and/or manufacturer at least three times.
• Alternatively, the vehicle may qualify if it has been out of service for at least 20 business days due to unsuccessful attempts to repair the problem.

As in Massachusetts and several other states, once three attempts have been made, the manufacturer must be given one final attempt to make the repair. You must notify the manufacturer by certified mail with a requested return receipt, and you must give the manufacturer ten days to make the repair. If, after this final repair attempt, the nonconformity remains, then the owner of the vehicle may seek relief under the provisions of the lemon law.

In an ideal situation, the manufacturer will then recognize that the vehicle is a lemon and will either offer to replace the vehicle with a comparable one or will offer to refund the purchase price. This may or may not happen, depending on your circumstances.

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.
• File a civil action in court.

It would appear that participation in the manufacturer’s arbitration program, should they offer one, is not mandatory. Most manufacturers offer such a program to simplify the resolution of such cases. They maintain a board of ostensibly impartial arbitrators who will listen to both sides of the case and will rule in favor of either one party or the other. Some states maintain their own arbitration boards; if that option is available in lieu of the manufacturer’s program, you may be better off pursuing that option instead.

Further details are available at the New Jersey Lemon Law page

If you are having concerns with your automobile, truck or minivan, you may find that you need the help of an attorney. LegalMatch can help find an experienced attorney for you in your area. Confidentiality is guaranteed, all attorneys are licensed, and inquiries are free.

Contact information: Lemon Law Unit, N.J. Division of Consumer Affairs, P.O. Box 45026, Newark, N.J. 07102, 973-504-6226 or via e-mail at askconsumeraffairs@lps.state.nj.us