What qualifies as a lemon in New Jersey

In New Jersey, a new vehicle is generally considered a lemon if, within the first 24 months or 24,000 miles after delivery (whichever comes first), a defect that substantially impairs the vehicle’s use, value, or safety persists after a reasonable number of repair attempts—typically three attempts for the same problem, 20 or more cumulative days out of service for repairs, or one failed attempt to fix a defect likely to cause death or serious bodily injury. New Jersey also has a separate Used Car Lemon Law for vehicles bought from licensed dealers, with coverage tied to a dealer-provided warranty period. Below is a detailed look at how the state defines a lemon, which vehicles are covered, and the steps involved.

How New Jersey defines a “lemon” for new vehicles

New Jersey’s New Car Lemon Law (N.J.S.A. 56:12-29 to 56:12-49) applies when a defect or nonconformity substantially impairs the use, value, or safety of a vehicle and the manufacturer or its authorized dealer can’t fix it within the law’s time/mileage window. The issue must arise and be presented for repair within the first 24 months after original delivery or the first 24,000 miles on the odometer, whichever comes first, and cannot be the result of abuse, neglect, or unauthorized modification.

What counts as a “reasonable number” of repair attempts

New Jersey uses clear thresholds to presume that a vehicle is a lemon once a defect persists despite multiple repair efforts or extended time in the shop.

• Three or more repair attempts: The same defect has been subject to repair three or more times, and it continues to exist.
• 20 or more cumulative days out of service: The vehicle has been out of service for repair for a total of 20 or more calendar days.
• Serious safety defect after one attempt: A defect likely to cause death or serious bodily injury has been subject to at least one repair attempt and continues to exist.

If any of these conditions are met within the 24 months/24,000 miles window, the law presumes the vehicle is a lemon, shifting the burden to the manufacturer to show otherwise.

Which vehicles and transactions are covered

Coverage focuses on consumer vehicles purchased or leased and registered in New Jersey, with some exclusions for certain vehicle types and uses.

• Covered: New passenger vehicles (cars, SUVs, many light pickup trucks) and motorcycles purchased or leased and registered in New Jersey.
• Covered uses: Personal use; certain business uses may qualify if the vehicle falls within covered categories and weight limits.
• Excluded: Most heavy commercial vehicles, off-road vehicles, and the living quarters of motor homes (chassis and drivetrain issues may be treated differently from the living area).
• Not covered: Problems caused by accident, abuse, neglect, or unauthorized modifications.

Consumers should verify whether their specific vehicle type (including certain commercial registrations or RV configurations) falls within the statute before filing a claim.

The “final opportunity to repair” and notice

Before a refund or replacement is triggered, manufacturers are typically entitled to a final opportunity to fix the defect once you provide formal notice.

• Written notice: Send a dated, detailed notice by certified mail, return receipt requested, to the manufacturer (not just the dealer), describing the defect and repair history.
• Scheduling: After receiving notice, the manufacturer generally has a short window (commonly 10 days) to schedule a final repair attempt at a reasonably accessible facility.
• Documentation: Keep copies of all notices, repair orders, invoices, and communications.

Providing proper notice and allowing a final repair attempt are key steps that preserve your eligibility for Lemon Law remedies in New Jersey.

Remedies if your new vehicle is a lemon

If your vehicle qualifies, New Jersey law provides strong remedies designed to make you whole.

• Replacement or refund: You may choose a comparable replacement vehicle or a refund.
• Refund components: Refunds typically include the purchase price and reasonable charges such as taxes, registration, and finance charges, minus a statutory allowance for use based on miles driven before the first report of the defect.
• Leases: Lessees can receive a refund of lease payments and certain fees, subject to a statutory use allowance.
• Dispute resolution: You can pursue state-run Lemon Law arbitration through the NJ Division of Consumer Affairs or use a manufacturer’s certified program, if available.

Arbitration is designed to be accessible and faster than court; if you prevail, the filing fee is typically refunded, and the award will outline the precise remedy.

New Jersey’s Used Car Lemon Law (dealer sales)

New Jersey also protects buyers of used vehicles purchased from licensed New Jersey dealers (not private sales) through the Used Car Lemon Law (N.J.S.A. 56:8-67 to 56:8-80). Coverage is tied to the dealer’s mandatory limited warranty, which varies by the vehicle’s mileage at the time of sale.

Which used vehicles are covered and for how long

The law requires dealers to provide a limited warranty on qualifying used vehicles below certain mileage thresholds, with repair coverage periods set by statute.

• At purchase mileage 24,000 or less: 90 days or 3,000 miles of warranty coverage (whichever comes first).
• 24,001 to 60,000 miles: 60 days or 2,000 miles of coverage.
• 60,001 to 100,000 miles: 30 days or 1,000 miles of coverage.
• Generally excluded: Vehicles with over 100,000 miles at purchase, motorcycles, motor homes, and many commercial vehicles; private-party sales are not covered.

The warranty covers a specified list of major components (engine, transmission, drive axle, brakes, steering, etc.); dealers must repair covered defects free of charge during the warranty period.

When a used vehicle qualifies as a lemon

A used car can qualify when covered defects persist during the dealer warranty and the dealer cannot repair them within statutory thresholds.

• Three or more attempts: The same covered defect is subject to repair at least three times during the warranty period and still exists.
• 20 or more cumulative days out of service: The vehicle is in the shop for covered warranty repairs for 20 or more days during the warranty period.
• No consumer-caused damage: The defect isn’t due to abuse, neglect, accident, or unauthorized modifications.

If the thresholds are met, you may be entitled to a refund (minus a statutory allowance for use) or other relief through the Division of Consumer Affairs’ dispute process.

Remedies for used vehicles

When the Used Car Lemon Law applies, the dealer must provide a remedy consistent with the statute.

• Refund: Repurchase of the vehicle with a deduction for use as set by law.
• Alternative relief: In some cases, a replacement or agreed repairs may resolve the dispute.
• Filing a claim: Consumers can file with the Division of Consumer Affairs; documentation of repairs and days out of service is critical.

Because used car cases turn on the dealer warranty and covered components, reviewing your warranty booklet and repair orders closely is essential.

How to document and strengthen your claim

Successful Lemon Law claims are built on thorough, contemporaneous documentation that shows the defect and unsuccessful repairs within the applicable time or mileage window.

• Save everything: Keep repair orders, invoices, tow records, and communications; ensure repair orders list the complaint in your words.
• Track dates and mileage: Note when each problem first appeared, each shop visit, and odometer readings.
• Provide written notice: Send certified letter(s) to the manufacturer (new vehicles) or work directly with the dealer (used vehicles) during the warranty period.
• Avoid modifications: Don’t make changes that could let a manufacturer or dealer blame the problem on unauthorized alterations.

Strong records help establish the statutory presumptions and speed up arbitration or settlement.

Deadlines and where to get help

Act promptly: New-vehicle issues must arise and be presented for repair within 24 months/24,000 miles, and used-vehicle claims must occur within the dealer warranty period. For guidance, forms, and arbitration, consult official resources.

• New Jersey Division of Consumer Affairs – Lemon Law Unit: https://www.njconsumeraffairs.gov
• NJ Lemon Law (New Vehicles) statute: N.J.S.A. 56:12-29 et seq.
• NJ Used Car Lemon Law statute: N.J.S.A. 56:8-67 to 56:8-80
• Owner’s manual and warranty booklet: Manufacturer-specific claim and notice instructions.

If you’re unsure whether your situation fits, contact the Lemon Law Unit or a New Jersey consumer law attorney; free consultations are common, and state arbitration is designed to be consumer-friendly.

Summary

In New Jersey, a new vehicle qualifies as a lemon if a defect substantially impairing use, value, or safety persists within 24 months/24,000 miles despite a reasonable number of repair attempts—presumed at three attempts, 20+ days out of service, or one failed attempt for a life‑threatening defect. Used vehicles purchased from licensed NJ dealers may qualify under the separate Used Car Lemon Law when covered defects can’t be fixed during the dealer warranty period after three attempts or 20 days out of service. Confirm coverage for your vehicle type, provide proper written notice, document every repair, and use the Division of Consumer Affairs arbitration program to seek a refund or replacement when appropriate.

What is the lemon law for leases in New Jersey?

Yes, the New Jersey Lemon Law covers new, leased vehicles for the first two years or 24,000 miles, whichever comes first, providing the same rights as purchased vehicles. The law protects against defects that substantially impair a vehicle’s use, value, or safety. To initiate a claim, you must send the manufacturer a certified letter after a reasonable number of repair attempts and give them a final opportunity to fix the issue within 10 days of receiving the letter.
 
What the Law Covers

• Vehicle Type: Applies to new vehicles, motorcycles, and motor homes purchased, leased, or registered in New Jersey. 
• Protection Term: Covers the first 24,000 miles or two years from delivery, whichever comes first. 
• Qualifying Defects: The defect must:
  • Substantially decrease the vehicle’s value. 
  • Affect its use or safety. 
  • Be serious enough to cause bodily injury or death. 

Steps to Take

1. Notify the Manufacturer: Inform the manufacturer of the defect(s). 
2. Seek Repairs: Take the vehicle to an authorized repair facility for repair attempts. 
3. Send a Certified Letter: If the defects aren’t resolved, send a certified letter with a return receipt to the manufacturer, detailing the problems. 
4. Final Repair Attempt: The manufacturer then gets a final opportunity to repair the vehicle, which must be done within 10 days of receiving the letter. 
5. Submit a Claim: If the issue persists after this final attempt, you can submit a claim to the state of New Jersey. 

Your Rights 

• Buyback: You may be entitled to a vehicle buyback, which means the manufacturer repurchases the vehicle.
• Monetary Damages: You can also pursue monetary damages through a breach of warranty claim.
• Lease Payments: In New Jersey, you can potentially recover all lease payments, even after the lease has ended and the vehicle has been surrendered.

What is the lemon law unit in New Jersey?

For more information contact the Ocean County Department of Consumer Affairs at 732-929- 2105 or contact the Used Car Lemon Law Unit at 973-504-6226. You can email the Lemon Law Unit at [email protected].

What qualifies as a lemon law in New Jersey?

New Jersey’s New Car Lemon Law protects you when you purchase a new motor vehicle that develops seri- ous warranty defects which the dealer or manufacturer cannot repair. The law covers vehicles during the first two years from the original date of delivery or 24,000 miles – whichever comes first.
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Can I sue a dealership for selling me a lemon used car?

Generally no. Lemon laws are usually found the in the Commercial Code of your particular jurisdiction and are generally (almost universally) applicable to someone or some entity that’s engaged in a commercial enterprise, like selling cars/vehicles.