KIMMEL & SILVERMAN, ATTORNEYS AT LAW
We receive countless questions about the New Jersey Lemon Law on our 1-800-LEMON-LAW Hotline. That's why we've put together this FAQ to answer the most common questions our clients ask us when filing their claim.
If you believe your vehicle is a lemon, you should know that legal representation is completely free under the New Jersey Lemon Law. Win or lose, you won't pay a cent, with no risk involved whenever you contact our firm.
If you think you have a NJ lemon law claim and would like free legal help, Submit your Lemon Law claim online or call 1-800-LEMON-LAW (1-800-536-6652).
The NJ Lemon Law is in place to protect consumers who purchase vehicles (cars, personal trucks, motorcycles) from non-conformities (such as issues or defects that impair the use, value, or safety) that a manufacturer-authorized dealership cannot repair within a reasonable number of attempts (normally three or more).
Outcomes can include a complete repurchase of the defective vehicle, a brand new vehicle, or significant monetary compensation to reflect the diminished value of the vehicle as a result of the problem, plus continued ownership.
Absolutely! Legal representation under the New Jersey Lemon Law is 100% cost-free with no risk involved whenever you work with us.
We're able to offer cost-free legal representation under the fee-shifting provisions of the New Jersey Lemon Law. If you prevail in your case, the manufacturer is required to cover all attorney fees and legal costs, in addition to any remedy you are owed.
If you submit your Lemon Law claim and we accept your case, you won't pay anything out of pocket, win or lose. These fee-shifting provisions give you - the consumer - equal footing when battling against a multi-billion dollar automobile manufacturer.
The NJ Lemon Law is in place to protect consumers who have purchased a vehicle that suffers a repetitive defect or non-conformity that first occurs within the first two years (24 months) or 24,000 miles spent with that vehicle - whichever comes first. A manufacturer-authorized dealership only has three attempts to repair the vehicle before the consumer can file a claim.
Not always. If your vehicle is in the shop for 20 days or more within the first 24 months or 24,000 miles of owning the vehicle, we can file a claim under the New Jersey Lemon Law. These 20 days do not need to be consecutive, nor for the same problem, so long as they fall within the aforementioned timeframe.
In addition, if your car is not fixed after one repair attempt for a problem that could cause death or serious bodily injury, you may have a potential claim.
If you find yourself in a situation where you think your vehicle may fall under your state's Lemon Law statutes, we welcome you to send us your information for our consideration. We handle each case on an individual basis and have made exceptions in the past.
You might. If you're having an ongoing problem with your vehicle, and your car is still under the manufacturer's warranty, we can still help you under the Federal Magnuson-Moss Warranty Act. Under this law, consumers can receive significant monetary compensation to reflect the diminished value of their vehicle as a result of the problem, plus they get to keep the vehicle.
Much like Lemon Law, legal representation is 100% cost-free under the Magnuson-Moss Warranty Act.
Yes. Just like purchased vehicles, leased vehicles are covered under the NJ Lemon Law.
Yes, the NJ Lemon Law covers motorcycles with the same degree of protection provided to cars and personal trucks.
No. While problems can occur immediately, even in brand-new vehicles, you must follow proper procedures if you hope to open a claim under the New Jersey Lemon Law.
The proper procedures for opening any Lemon Law claim include:
While we understand that dealing with a defective vehicle can be incredibly frustrating, you should NEVER, under any circumstances, drop your car and keys at a dealer and say "I don't want this car anymore." This can be considered a "voluntary repossession," and it could damage your credit score. If you are having problems with any vehicle, consult a NJ Lemon Law Attorney immediately.
While there is a New Jersey Used Car Lemon Law, it only applies to dealerships. The NJ Used Car Lemon Law does not apply to manufacturers or warrantors.
Typically, we prefer to represent consumers under the Magnuson-Moss Warranty Act. As mentioned earlier, this law provides the same cost-free representation as the New Jersey Lemon Law, protecting consumers with used cars who have repeated problems under an original or extended manufacturer's warranty.
Additionally, if a dealer misrepresents a car at the time of sale, not disclosing lemon or salvage history and/or lying about accident history, you may have rights under the New Jersey Unfair Trade Practices Act. If this has happened to you, email us as soon as possible and we will be happy to review your claim.
The NJ Lemon Law does not cover commercial vehicles and the living facilities of motor homes.
While it's possible to file a claim through the Better Business Bureau (BBB), through the NJ Consumer Affairs office, or on your own, it is strongly recommended that you instead work with an experienced attorney.
In fact, many consumers prefer to pursue their claim with an experienced lawyer, as all fees and legal costs are completely covered under the NJ Lemon Law. There's no risk involved when consulting an attorney regarding your claim, and in many instances, cases can be settled more quickly in pre-litigation, without the need to file a lawsuit.
Both the NJ Consumer Affairs office and the BBB are very selective in the cases they will accept, often turning away strong, legitimate claims. Likewise, the decisions made by the NJ Lemon Law Unit are legally binding - if you lose your case, there may be no way to appeal.
Email us and we will get back to you shortly.
Or call 1-800-LEMON-LAW (1-800-536-6652) and speak to an attorney who understands your Lemon Law rights!