The Lemon Law in New Jersey
Which vehicles New Jersey's lemon law covers, how many repair attempts it takes, the remedy, and the rules for used cars.
Short answer: New Jersey's New Car Lemon Law applies to anyone who buys, leases or registers a new car or motorcycle in New Jersey; N.J.S.A. 56:12-29 to 56:12-49; N.J. Division of Consumer Affairs, "New Car Lemon Law" consumer brief (rev. 01/04/24)
| New car lemon law | New Jersey's New Car Lemon Law applies to anyone who buys, leases or registers a new car or motorcycle in New Jersey; it also covers authorized emergency vehicles and portions of motor homes, but not vehicles registered for commercial use or motor home living quarters. Protection lasts 24,000 miles or two years from delivery. The defect must substantially impair the vehicle's use, value or safety, or be a serious safety defect likely to cause death or serious bodily injury. After two failed repair attempts for the same defect, or after the vehicle has been out of service for a total of 20 days (45 days for a motor home), or after one attempt for a serious safety defect, the consumer must send the manufacturer a certified "last chance" letter; the manufacturer then has 10 days to repair. If the defect remains, the consumer can apply to the Division's Lemon Law Unit for a hearing before an administrative law judge (filing fee $50, refunded if the consumer wins) and may be entitled to a refund. If the consumer wins, the manufacturer must pay reasonable attorney's fees. Lemon Law Unit: 973-504-6226. To qualify for a hearing, the brief says the consumer must have had three repair attempts and must have sent the last-chance letter within 24,000 miles and two years of delivery. |
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| How to file a lemon law claim | 1) Report defects to the manufacturer or dealer right away and keep all repair receipts and a record of contacts. 2) Final repair attempt ("last chance" letter): before filing with the state, the consumer must send a letter to the manufacturer (not the dealer) by certified mail, return receipt requested, giving it one final chance to repair. The letter can be sent after two failed repair attempts for the same defect, after the vehicle has been out of service a total of 20 days (45 days for a motor home), or after one attempt for a serious safety defect. It must reach the manufacturer before 24,000 miles and within two years of delivery, at the regional address supplied by the Division of Consumer Affairs' Lemon Law Unit. The manufacturer then has 10 days from the date on the return receipt to repair. 3) State dispute resolution: if the problem continues, the consumer asks the Lemon Law Unit for a Lemon Law Dispute Resolution application. The Unit reviews it; once approved, the consumer pays a $50 filing fee (refunded if the consumer wins). A hearing is usually set within 20 days of acceptance, subject to Office of Administrative Law availability, before an administrative law judge in Newark, Trenton or Atlantic City. The judge issues an initial decision within 20 days, and the Director of Consumer Affairs issues a final decision within 15 days after that. To qualify for a hearing, the Division says the consumer must have had three repair attempts, sent the certified "last chance" letter in time, given the manufacturer the final repair chance, and still have the defect. A lawyer is not required; if the consumer wins, the manufacturer pays reasonable attorney's fees. The brief describes the state program; it does not say whether a consumer may instead use a manufacturer program or go straight to court. |
| Used cars | New Jersey has a Used Car Lemon Law. A dealer (anyone who sold three or more used cars in the past 12 months) must give a consumer a written warranty on covered engine and drivetrain parts of at least 90 days or 3,000 miles for cars with 24,000 miles or less, 60 days or 2,000 miles for cars with more than 24,000 but under 60,000 miles, and 30 days or 1,000 miles for cars with 60,000 miles or more. The consumer may be charged a $50 deductible per repair. If the dealer fails to fix a material defect after a reasonable opportunity (presumed after three or more repair attempts for the same defect, or 20 or more days out of service, during the warranty), the dealer must buy the car back and refund the purchase price (excluding taxes and government fees), less allowances for excessive wear and personal use. If the dealer does not give the warranty, it is deemed given by law. A buyer of a car with more than 60,000 miles may waive the warranty in a separately signed writing after negotiating a price adjustment and buy it "as is." The warranty requirements do not apply to cars sold for less than $3,000, cars seven or more model years old, cars with more than 100,000 miles, or insurance total-loss cars disclosed in writing. Dealers must also disclose known material defects and explain in writing what "as is" means if a car is sold that way. Text from the Division of Consumer Affairs' courtesy copy of the Consumer Fraud Act (revised 3/30/2022), which states that the official statute governs if the two differ. Source: N.J.S.A. 56:8-67 to 56:8-76 |
Where to get help in New Jersey
- New Jersey Office of the Attorney General, Division of Consumer Affairs (Office of Consumer Protection)
- File a complaint or claim
More New Jersey consumer protection
- Your Right to Cancel a Purchase in New Jersey
- Contractors and Repair Shops in New Jersey
- Filing a Consumer Complaint in New Jersey
- All New Jersey consumer protection rules
FAQ
How does the lemon law work in New Jersey?
New Jersey's New Car Lemon Law applies to anyone who buys, leases or registers a new car or motorcycle in New Jersey; it also covers authorized emergency vehicles and portions of motor homes, but not vehicles registered for commercial use or motor home living quarters. Protection lasts 24,000 miles or two years from delivery. The defect must substantially impair the vehicle's use, value or safety, or be a serious safety defect likely to cause death or serious bodily injury. After two failed repair attempts for the same defect, or after the vehicle has been out of service for a total of 20 days (45 days for a motor home), or after one attempt for a serious safety defect, the consumer must send the manufacturer a certified "last chance" letter; the manufacturer then has 10 days to repair. If the defect remains, the consumer can apply to the Division's Lemon Law Unit for a hearing before an administrative law judge (filing fee $50, refunded if the consumer wins) and may be entitled to a refund. If the consumer wins, the manufacturer must pay reasonable attorney's fees.
How do you file a lemon law claim in New Jersey?
1) Report defects to the manufacturer or dealer right away and keep all repair receipts and a record of contacts. 2) Final repair attempt ("last chance" letter): before filing with the state, the consumer must send a letter to the manufacturer (not the dealer) by certified mail, return receipt requested, giving it one final chance to repair. The letter can be sent after two failed repair attempts for the same defect, after the vehicle has been out of service a total of 20 days (45 days for a motor home), or after one attempt for a serious safety defect. It must reach the manufacturer before 24,000 miles and within two years of delivery, at the regional address supplied by the Division of Consumer Affairs' Lemon Law Unit. The manufacturer then has 10 days from the date on the return receipt to repair. 3) State dispute resolution: if the problem continues, the consumer asks the Lemon Law Unit for a Lemon Law Dispute Resolution application. The Unit reviews it; once approved, the consumer pays a $50 filing fee (refunded if the consumer wins). A hearing is usually set within 20 days of acceptance, subject to Office of Administrative Law availability, before an administrative law judge in Newark, Trenton or Atlantic City. The judge issues an initial decision within 20 days, and the Director of Consumer Affairs issues a final decision within 15 days after that. To qualify for a hearing, the Division says the consumer must have had three repair attempts, sent the certified "last chance" letter in time, given the manufacturer the final repair chance, and still have the defect. A lawyer is not required; if the consumer wins, the manufacturer pays reasonable attorney's fees.
Is there a lemon law for used cars in New Jersey?
New Jersey has a Used Car Lemon Law. A dealer (anyone who sold three or more used cars in the past 12 months) must give a consumer a written warranty on covered engine and drivetrain parts of at least 90 days or 3,000 miles for cars with 24,000 miles or less, 60 days or 2,000 miles for cars with more than 24,000 but under 60,000 miles, and 30 days or 1,000 miles for cars with 60,000 miles or more. The consumer may be charged a $50 deductible per repair. If the dealer fails to fix a material defect after a reasonable opportunity (presumed after three or more repair attempts for the same defect, or 20 or more days out of service, during the warranty), the dealer must buy the car back and refund the purchase price (excluding taxes and government fees), less allowances for excessive wear and personal use. If the dealer does not give the warranty, it is deemed given by law. A buyer of a car with more than 60,000 miles may waive the warranty in a separately signed writing after negotiating a price adjustment and buy it "as is." The warranty requirements do not apply to cars sold for less than $3,000, cars seven or more model years old, cars with more than 100,000 miles, or insurance total-loss cars disclosed in writing. Dealers must also disclose known material defects and explain in writing what "as is" means if a car is sold that way.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.