Lemon Law / New Jersey Lemon Law


Last updated: March 4, 2024

Get Free Help with the New Jersey Lemon Law

The New Jersey Lemon Law provides cost-free legal help to distressed drivers whose cars, personal trucks, or motorcycles suffer a repetitive non-conformity or are in the shop for an extended time within the first 24 months or 24,000 miles, whichever comes first.

Did you know that New Jersey has the strongest Lemon Law in the Country?

1-800-LEMON-LAW Founding Partner Bob Silverman worked with the late Center for Auto Safety Executive Director Clarence Ditlow to create the most effective automotive consumer law in the Nation!

Click here to read an article Bob wrote for New Jersey Lawyer Magazine

NJ Lemon Law Frequently Asked Questions

What is the lemon law in NJ and how does it work?

The New Jersey Lemon Law provides for free representation of consumers who are experiencing a repetitive non-conformity related to a car, truck, or motorcycle they've purchased. If filed in the appropriate time frame, consumers may be able to recover compensation for their troubles.

In order to qualify for the New Jersey Lemon Law, the vehicle must be purchased, leased, or registered in the state to file a claim. The state covers cars that do not meet the above criteria under the Federal Magnuson Moss Warranty Act or the New Jersey Used Car Lemon Law.

You may qualify for FREE legal help if:

  • Your vehicle is covered under an original, extended, or powertrain manufacturer's warranty.
  • Your car has been back to the shop three or more times for the same issue or 20+ calendar days for one or more issues.
  • Your vehicle was purchased, registered, or leased in New Jersey.

If you've answered yes to the above statements, you may qualify for FREE legal help under state lemon laws or Federal Warranty Law.

Call 1-800-LEMON-LAW or click below for help.

Get FREE Help Now!

Does New Jersey's Lemon Law Apply to My Car, Truck, or Motorcycle?

  • The state law covers personal vehicles, such as cars, trucks, and motorcycles, that have manufacturer defects in the first two years or 24,000 miles (whichever comes first) and cannot be fixed after three or more repair attempts by an authorized dealer. "Non-conformity" is defined as a "defect or issue that impairs the use, safety, or value of the vehicle."
  • If your vehicle is in the shop for repair 20 days or more in the first two years or 24,000 miles (whichever comes first), the lemon law can also apply. These days do not have to be consecutive, nor for the same problem.
  • Legal representation should always be 100% cost-free, regardless of whether you win or lose. The New Jersey Lemon Law states that the manufacturer is responsible for covering all attorney fees and any fair compensation you receive if you win your case. If you don't win, you still pay nothing.
  • Remedies under the NJ State Lemon Law include a complete repurchase, a brand-new car, or significant monetary compensation along with continued ownership of the vehicle.

Also, there are Federal Warranty Statutes for NJ drivers who fall outside the Lemon Law but still have consistent repair attempts within the warranty period.

The Magnuson Moss Warranty Act

If your vehicle does not meet the requirements for a lemon law claim, don't lose hope! You could still receive a monetary remedy under federal law via the Magnuson Moss Warranty Act. This act applies if your car has been in the shop three or more times for a single problem under an original or extended manufacturer's warranty.

Why Call 1-800-LEMON-LAW?

Since 1991, the law firm of Kimmel & Silverman has successfully resolved more than 100,000 Lemon Law and breach of warranty claims in the Northeast. We have recovered more new cars and buy-backs than any other Lemon Law firm. We have more experienced attorneys than any other firm in New Jersey, representing consumers from every county in the state.

Kimmel & Silverman is the only consumer law firm ever asked by the state of New Jersey to teach arbitrators and mediators the fundamentals of Lemon Law and how to hear Lemon Law cases. Founding partner Robert Silverman and NJ Managing Attorney Jacqueline Herritt have both been named New Jersey Super Lawyers, representing the top 5 percent of all attorneys in the state. Additionally, several of our associates have been honored as New Jersey Rising Stars and we are especially proud to be named 2017 Leaders in Litigation by the NJ Law Journal.

When you choose Kimmel & Silverman to represent your New Jersey Lemon Law claim, you're getting 100% cost-free representation, win or lose. You have nothing to lose but your lemon car.

My Mini was returned this morning and I received my settlement check without incident. I would like to express my sincerest gratitude to you and everyone who worked tirelessly on my behalf. I could not be more satisfied with my settlement and know it wouldn't have happened had I not contacted 1-800-Lemon-Law. I hope to never need the services of Kimmel and Silverman in the future but if I do I know I'm in good hands.
~ Ryan S. ⭐⭐⭐⭐⭐

What If You Have Problems Occur Outside of the 24 months or 24,000 miles prescribed by the law?

Even if your issues start occurring outside of the first 24 months or 24,000 miles, you ma still be able to qualify for compensation. Other laws can be used to assist you and like the New Jersey's Lemon Law, they provide cost-free legal representation. These laws include the Uniform Commercial Code and the Federal Warranty Act, also referred to as the Magnuson Moss Warranty Act. Suppose you are under an original, extended, or powertrain warranty. In that case, you need to seek assistance from qualified Lemon Law lawyers in New Jersey who understand your situation.

What Should You Do if You Have a Lemon Law Claim?

If you have issues with your vehicle, contact us for a free Lemon Law case evaluation.

We have handled cases in every court throughout the state. We travel to our clients for inspections as well.

Recent Success Stories:

Since 1991, Kimmel & Silverman has resolved more than 30,000 cases throughout New Jersey, successfully helping more NJ drivers than any other Lemon Law firm in the country!

Here are some recent success stories:

  • 2022 Chevrolet Silverado 1500 in 3x for instrument cluster randomly going blank. Client kept car and received $10,000 plus attorney fees.
  • 2022 Cadillac Escalade stopped in the middle of the road x2, out of service 20+days. Client kept car and received $24,000 plus attorney fees.
  • 2021 Cadillac XT5 in 6x for electrical issues. Client kept car and received $12,000 plus attorney fees.
  • 2022 Kia Sorento with transmission failure. FULL NJ LEMON LAW REPURCHASE.
  • 2023 Volvo XC90 out of service for switching from electric to gas, customer’s letter to Volvo ignored. Client kept car and received $19,000 plus attorney fees.
  • 2023 Kia Sportage Hybrid overheating x3, FULL NJ LEMON LAW REPURCHASE
  • 2018 CPO Nissan Altima with no start problem x3. Client kept car and received $6,249 plus attorney fees.
  • 2022 Kia K5 in3x for warped rotors x3. Client kept car and received $6,000 plus attorney fees,
  • 2022 Volvo XC60 in 3x for navigation. Client kept car and received $15,600 plus attorney fees.
  • 2021 Audi Q8 in 3x for locking mechanism. Client kept car and received $6,750 plus attorney fees.
  • 2022 Kia Sportage with transmission failure. FULL NJ LEMON LAW REPURCHASE.
  • 2022 Chevrolet Traverse in 3x for hesitation and jerking. Client kept car and received $13,000 plus attorney fees.
  • 2022 Mercedes-Benz S-500 out of service over 20 days for door handles. Client kept car and received $8,500 plus attorney fees.
  • 2019 VW Gold Attack SE in numerous times for dash warnings. Client kept car and received $5,750 plus attorney fees.
  • 2021 Ford F150 XLT in for HVAC issues, water leaks and cosmetic defects. Client kept truck and received $6,000 plus attorney fees.
  • 2021 Dodge Durango, engine failure at 29,000 miles Client kept truck and received $6,000 plus attorney fees.
  • 2023 Kawasaki Ninja ZX-6R out of service over 30 days with blown head gasket. FULL NJ LEMON LAW REPURCHASE

For more success stories click here.

We receive countless questions from consumers about consumer protection laws 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 Lemon Law in NJ. Win or lose, you won't pay a cent.

What is the lemon law in NJ and how does it work?

The New Jersey Lemon Law protects consumers who purchase vehicles with defects that impair the use, value, or safety and that a manufacturer-authorized dealership cannot repair within a reasonable number of attempts.

In New Jersey, your car must have been to the shop three or more times for the same issue or 20 or more calendar days for one or more problems. New Jersey consumers are protected if the problem occurs in the first two years or 24,000 miles, whichever comes first.

Your case could result in a complete repurchase of the vehicle, a brand new vehicle, or significant monetary compensation. You may even get to keep your car.

How much does an NJ lemon law attorney cost? Is legal representation free?

When you use our services, it won't cost you a dime. This is because of the law's fee-shifting provision which states that if your case results in success, all related legal fees and costs will be covered by the faulty vehicle manufacturer - on top of any settlement amount offered or received. Even if for some reason an unfavorable outcome takes place, there are no charges whatsoever to worry about! Basically allowing you to take action without risk - 100% free!

How is cost-free legal representation possible?

NJ lemon law lawyers can offer cost-free legal representation under the fee-shifting provisions of the Lemon Law in NJ. 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 pitted against a multi-billion dollar automobile manufacturer.

There is never a cost. The fee-shifting provision enables us to pass the fee to the defendant (the car company or automobile manufacturer) when we prevail. If we do not win, there still is no cost to the consumer. We are confident in our efforts to succeed and obtain the best possible result for every one of our clients.

Does a problem always have to occur three times (or more) to be considered a lemon under the Lemon Law?

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 car, we can file a claim under the Lemon Law in the state of New Jersey. These 20 days do not need to be consecutive, nor for the same problem, so long as they fall within the timeframe above.

Also, suppose a dealer cannot fix your car after one repair attempt for a problem that could cause death or serious bodily injury. In that case, you may have a potential claim.

We handle each case on an individual basis and have made exceptions in the past.

What if my first problem occurs after the 24-month/24,000 mile period? Do I still have a claim?

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 the Lemon Law, legal representation is 100% cost-free under the Magnuson–Moss Warranty Act.

Does the New Jersey Lemon Law Cover Leased Vehciles?

Yes. One of the potential outcomes could be immediately released from your lease agreement while receiving all the monies previously spent, minus a small mileage offset based upon the mileage you first reported your non-conformity.

Does the NJ Lemon Law cover motorcycles?

Yes, the Lemon Law in NJ covers motorcycles with the same degree of protection provided to cars and personal trucks. That includes newly purchased or leased motorcycles. The law could entitle you to a complete replacement of the or a refund of the purchase price.

Similar to the lemon law for cars and trucks, representation is completely free.

The New Jersey motorcycle lemon law calls for three unsuccessful repairs or 20 calendar days out of service within two years or 24,000 miles.

My car is brand-new or only a few days old, and I'm already having problems with it. Should I just return it to the dealership?

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 Lemon Law. The most important thing to do initially is to take your vehicle to a manufacturer's authorized dealership for repairs. Once your car/truck/motorcycle is returned to you, make sure you get and keep a copy of any repair invoices.

What is the proper procedure for opening a Lemon Law claim in New Jersey?

The proper procedure for opening any Lemon Law claim includes:

  • Making an appointment with a manufacturer-authorized dealership to have your car examined and repaired.
  • Obtaining a repair invoice when you pick up your car, personal truck, or motorcycle.
  • Checking the invoice, making sure it properly outlines all problems disclosed to the service manager.
  • Maintaining a personal log of all repair visits.
  • Please keep a copy of all invoices – this is important and will help your case move along more smoothly.

While we understand that dealing with a defective vehicle can be incredibly frustrating, do not try and give it back to a dealer. Surrendering a car can be considered a "voluntary repossession," which could damage your credit score.

If you are having problems with any vehicle, consult a Lemon Law lawyer immediately.

Does the Lemon Law cover used vehicles (cars, personal trucks, motorcycles)?

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.

It’s important to note that if a dealer does not disclose a salvage, flood or reconstructed title at the time of sale, the consumer may have rights to a dealer’s fraud claim under the NJ Unfair Trade Practices Act. We have handled many of these claims as well and we would be happy to review your situation to determine if we can help.

What is NOT covered by the New Jersey Lemon Law?

The Lemon Law in NJ does not cover commercial vehicles and the living facilities of motor homes.

Do I need representation from a Lemon Law attorney in NJ to file my claim?

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 lemon law 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 Lemon Law in New Jersey. 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 and if you lose your case, there may be no way to appeal.

New Jersey Lemon Law Statute

Title 56:12-29 - 56:12-49

§ 56:12-29. Findings, intentions

The Legislature finds that the purchase of a new motor vehicle is a major, high cost consumer transaction and the inability to correct defects in these vehicles creates a major hardship and an unacceptable economic burden on the consumer. It is the intent of this act to require the manufacturer of a new motor vehicle, or, in the case of a new motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, to correct defects originally covered under warranty which are identified and reported within a specified period. It is the further intent of this act to provide procedures to expeditiously resolve disputes between a consumer and a manufacturer, co-manufacturer, or post-manufacturing modifier when defects in a new motor vehicle are not corrected within a reasonable time, and to provide to award specific remedies where the uncorrected defect substantially impairs the use, value, or safety of the new motor vehicle.

§ 56:12-30. Definitions

As used in this act:

"Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person that fabricates the authorized emergency vehicle utilizing a component or components of a new motor vehicle made by a manufacturer, other than modifying an existing standard model of a vehicle manufactured by a manufacturer, which component or components are obtained by the co-manufacturer from the manufacturer to fabricate the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the emergency vehicle.

"Consumer" means a buyer or lessee, other than for purposes of resale or sublease, of a motor vehicle; a person to whom a motor vehicle is transferred during the duration of a warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

"Dealer" means a person who is actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who has an established place of business.

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or his designee.

"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

"Informal dispute settlement procedure" means an arbitration process or procedure by which the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer,

or post-manufacturing modifier, attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period.

"Lease agreement" means a contract or other written agreement in the form of a lease for the use of a motor vehicle by a person for a period of time exceeding 60 days, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

"Lessee" means a person who leases a motor vehicle pursuant to a lease agreement.

"Lessor" means a person who holds title to a motor vehicle leased to a lessee under a lease agreement or who holds the lessor's rights under such an agreement.

"Lien" means a security interest in a motor vehicle.

"lien-holder" means a person with a security interest in a motor vehicle pursuant to a lien.

"Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles.

"Motor vehicle" means a passenger automobile, authorized emergency vehicle, or motorcycle as defined in R.S.39:1-1 which is purchased or leased in the State of New Jersey or which is registered by the New Jersey Motor Vehicle Commission, except the living facilities of motor homes.

"Nonconformity" means a defect or condition which substantially impairs the use, value or safety of a motor vehicle.

"Post-manufacturing modifier" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person who modifies the configuration of an existing standard model of a motor vehicle purchased from a manufacturer to adapt the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the vehicle.

"Reasonable allowance for vehicle use" means the mileage at the time the consumer first presents the motor vehicle to the dealer, distributor, manufacturer, co-manufacturer, or post-manufacturing modifier for correction of a nonconformity times the purchase price, or the lease price if applicable, of the vehicle, divided by one hundred thousand miles.

"Warranty" means any warranty, whether express or implied of the manufacturer of a new motor vehicle, or, in the case of a new motor vehicle that is an authorized emergency vehicle, of the manufacturer, co-manufacturer or post-manufacturing modifier, of the vehicle's condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.

§ 56:12-31. Report of nonconformity; repairs

If a consumer reports a nonconformity in a motor vehicle to the manufacturer, or, in the case of a motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer or post- manufacturing modifier, or its dealer or distributor, during the first 24,000 miles of operation or during

the period of two years following the date of original delivery to the consumer, whichever is earlier, the manufacturer, co-manufacturer, or post-manufacturing modifier shall make, or arrange with its dealer or distributor to make, within a reasonable time, all repairs necessary to correct the non-conformity.

Such repairs if made after the first 12,000 miles of operation or after the period of one year following the date of original delivery to the consumer, whichever is earlier, shall be paid for by the consumer, unless otherwise covered by a warranty of the manufacturer, co-manufacturer or post-manufacturing modifier, and shall be recoverable as a cost under section 14 [C.56:12-42] of this act.

§ 56:12-32. Refunds

If, during the period specified in section 3 [C.56:12-31] of this act, the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, of that part of the motor vehicle containing the nonconformity, or its dealer or distributor, is unable to repair or correct the nonconformity within a reasonable time, the manufacturer, co-manufacturer, or post-manufacturing modifier shall accept return of the motor vehicle from the consumer.

In the case of a motor vehicle, other than an authorized emergency vehicle as set forth in paragraph (2) of this subsection, the manufacturer shall provide the consumer with a full refund of the purchase price of the original motor vehicle including any stated credit or allowance for the consumer's used motor vehicle, the cost of any options or other modifications arranged, installed, or made by the manufacturer or its dealer within 30 days after the date of original delivery, and any other charges or fees including, but not limited to, sales tax, license and registration fees, finance charges, reimbursement for towing and reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent to the consumer's motor vehicle and limited to the period during which the consumer's motor vehicle was out of service due to the nonconformity, less a reasonable allowance for vehicle use.

In the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post- manufacturing modifier shall provide the consumer with a full refund of the purchase price of the original emergency vehicle, depending on the source of the nonconformity, including any stated credit or allowance for the consumer's used emergency vehicle, as well as any other charges or fees, including, but not limited to, sales tax, license and registration fees, reimbursement for towing and reimbursement for actual expenses incurred by the consumer for the rental of a substitute emergency vehicle, if applicable, for the period during which the consumer's emergency vehicle was out of service due to the nonconformity.

Nothing in this subsection shall be construed to preclude a manufacturer, co-manufacturer, or post- manufacturing modifier from making an offer to replace the vehicle in lieu of a refund; except that the consumer may, in any case, reject an offer of replacement and demand a refund. Refunds shall be made to the consumer and lien-holder, if any, as their interests appear on the records of ownership maintained by the Chief Administrator of the New Jersey Motor Vehicle Commission. In the event that the consumer accepts an offer to replace the motor vehicle in lieu of a refund, it shall be the manufacturer's, co- manufacturer's, or post-manufacturing modifier's responsibility to insure that any lien on the returned motor vehicle is transferred to the replacement vehicle.

A consumer who leases a new motor vehicle shall have the same remedies against a manufacturer, co- manufacturer, or post-manufacturing modifier under this section as a consumer who purchases a new motor vehicle. If it is determined that the lessee is entitled to a refund pursuant to subsection a. of this section, the consumer shall return the leased vehicle to the lessor or manufacturer, co-manufacturer, or post-manufacturing modifier, and the consumer's lease agreement with the motor vehicle lessor shall be terminated and no penalty for early termination shall be assessed. The manufacturer, co-manufacturer, or post-manufacturing modifier shall provide the consumer with a full refund of the amount actually paid by the consumer under the lease agreement, including any additional charges as set forth in subsection a. of this section if actually paid by the consumer, less a reasonable allowance for vehicle use. The manufacturer, co-manufacturer, or post-manufacturing modifier shall provide the motor vehicle lessor with a full refund of the vehicle's original purchase price plus any unrecovered interest expense, less the amount actually paid by the consumer under the agreement. Refunds shall be made to the lessor and lien-holder, if any, as their interests appear on the records of ownership maintained by the Chief Administrator of the Motor Vehicle Commission.

§ 56:12-33. Presumption of inability to correct nonconformity; written notification

It is presumed that a manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor, is unable to repair or correct a nonconformity within a reasonable time if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date:

Substantially the same nonconformity has been subject to repair three or more times by the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor, other than a nonconformity subject to examination or repair pursuant to paragraph (3) of this subsection because it is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity continues to exist;

The motor vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days, or in the case of a motorhome, 45 or more calendar days, since the original delivery of the motor vehicle and a nonconformity continues to exist; or

A nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven has been subject to examination or repair at least once by the manufacturer, co-manufacturer, or post- manufacturing modifier, or its dealer or distributor, and the nonconformity continues to exist.

The presumption contained in subsection a. of this section shall apply against a manufacturer only if the manufacturer has received written notification, or, in the case of an authorized emergency vehicle, the manufacturer, and co-manufacturer or post-manufacturing modifier, if known, or the dealer or distributor, has received written notification, by or on behalf of the consumer, by certified mail return receipt requested, of a potential claim pursuant to the provisions of this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. Notification by the consumer shall take place any time after the motor vehicle has had substantially the same nonconformity subject to repair two or more times, or has been out of service by

reason of repair for a cumulative total of 20 or more calendar days, or in the case of a motor home, 45 or more calendar days, or with respect to a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven, the nonconformity has been subject to examination or repair at least once by the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor, and the nonconformity continues to exist.

The two-year term and the 20-day period, or 45-day period for motor homes, specified in this section shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood, or other natural disaster.

In the case of a motor home where two or more manufacturers contributed to the construction of the motor home, or in the case of an authorized emergency vehicle, it shall not be considered as any examination or repair attempt if the repair facility at which the consumer presented the vehicle is not authorized by the manufacturer, co-manufacturer, or post-manufacturing modifier to provide service on that vehicle.

It shall be considered as one examination or repair attempt for a motor home if the same nonconformity is addressed more than once due to the consumer's decision to continue traveling and to seek the repair of that same nonconformity at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

Days out of service for reason of repair for a motorhome shall be a cumulative total of 45 or more calendar days.

§ 56:12-34. Statements to consumers

At the time of purchase in the State of New Jersey, the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, through its dealer or distributor, or at the time of lease in the State of New Jersey, the lessor, shall provide directly to the consumer a written statement prescribed by the director, presented in a conspicuous and understandable manner on a separate piece of paper and printed in both the English and Spanish languages, which provides information concerning a consumer's rights and remedies under P.L.1988,

c.123 (C.56:12-29 et seq.), and shall include, but not be limited to, a summary of the provisions of:

section 3 of P.L.1988, c.123 (C.56:12-31), concerning the miles of operation of a motor vehicle and time period within which the consumer may report a nonconformity and seek remedies;

sections 4 and 5 of P.L.1988, c.123 (C.56:12-32 and 56:12-33), concerning a manufacturer's, co- manufacturer's, or post-manufacturing modifier's obligations to a consumer based upon the manufacturer's, co-manufacturer's, or post-manufacturing modifier's, or its dealer's or distributor's, inability to repair or correct a nonconformity; and any other provisions of P.L.1988, c.123 (C.56:12-29 et seq.) the director deems appropriate.

Each time a consumer's motor vehicle is returned from being examined or repaired during the period specified in section 3 of P.L.1988, c.123 (C.56:12-31), the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, through its dealer or distributor, shall provide to the consumer an itemized, legible statement of repair which

indicates any diagnosis made and all work performed on the vehicle and provides information including, but not limited to, the following: a general description of the problem reported by the consumer or an identification of the problem reported by the consumer or an identification of the defect or condition and the source of the defect; the amount charged for parts and the amount charged for labor, if paid for by the consumer; the date and the odometer reading when the vehicle was submitted for repair; and the date and odometer reading when the vehicle was made available to the consumer.

Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2).

§ 56:12-35. Sale, leasing of returned motor vehicle

If a motor vehicle is returned to the manufacturer, or, in the case of an authorized emergency vehicle, to the manufacturer, co-manufacturer, or post-manufacturing modifier, under the provisions of this act or a similar statute of another state or as the result of a legal action or an informal dispute settlement procedure, it shall not be resold or released in New Jersey unless:

The manufacturer, co-manufacturer, or post-manufacturing modifier provides to the dealer, distributor, or lessor, and the dealer, distributor or lessor provides to the consumer, the following written statement on a separate piece of paper, in 10-point bold-face type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR OTHER RESPONSIBLE PARTY BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S OR OTHER PARTY'S WARRANTY FOR THE VEHICLE AND THE NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW;"

The dealer, distributor, or lessor obtains from the consumer a signed receipt certifying, in a conspicuous and understandable manner, that the written statement required under this subsection has been provided. The director shall prescribe the form of the receipt. The dealer, distributor, or lessor may fulfill his obligation to obtain a signed receipt under this paragraph by making such a notation, in a conspicuous and understandable manner, on the vehicle buyer order form accompanying the sale or lease of that vehicle; and

The dealer, distributor, or lessor, in accordance with the provisions of section 1 of P.L.1993, c.21 (C.39:10-9.3), notifies the Chief Administrator of the Motor Vehicle Commission of the sale or transfer of ownership of the motor vehicle.

Nothing in this section shall be construed as imposing an obligation on a dealer, distributor, or lessor to determine whether a manufacturer, co-manufacturer, or post-manufacturing modifier is in compliance with the terms of this section, nor shall it be construed as imposing liability on a dealer, distributor, or lessor for the failure of a manufacturer, co-manufacturer, or post-manufacturing modifier to comply with the terms of this section.

Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2).

§ 56:12-36. Informal dispute settlement procedure

If a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, has established, or participates in, an informal dispute settlement procedure pursuant to section 110 of Pub.L.93-637 (15 U.S.C. § 2310) and the rules promulgated thereunder, or the requirements of this section, a consumer may submit a dispute regarding motor vehicle nonconformities, including a dispute between a manufacturer, co-manufacturer, or post- manufacturing modifier regarding the source of nonconformities and resulting liability to the consumer, to the dispute settlement body provided by that procedure, but a consumer shall not be required to first participate in the informal dispute settlement procedure before participating in the division's summary hearing procedure under this act.

If a consumer chooses to use a manufacturer's, co-manufacturer's, or post-manufacturing modifier's informal dispute settlement procedure, a consumer shall be required to submit to the dispute settlement body a copy of the notification of dispute required under section 4 of P.L.1988, c.123 (C.56:12-32) and other documents relevant to the consumer's claim and the manufacturer's, co-manufacturer's, or post-manufacturing modifier's defense at the time the consumer files a claim for resolution under that procedure, except that the consumer shall not be required to provide documents that the consumer provided to the division in connection with a summary hearing under this act.

A manufacturer, co-manufacturer, or post-manufacturing modifier shall initiate a decision-making process under the informal dispute settlement procedure within 40 days following the date a consumer's claim for resolution is filed under the procedure and shall provide to the consumer, within 5 days following the date the decision-making process is completed, written notification of the procedure's decision.

If a consumer does not agree to accept the decision of the dispute settlement body, or if a manufacturer, co-manufacturer, or post-manufacturing modifier fails to initiate a decision-making process under the informal dispute settlement procedure within 40 days following the date a consumer's claim for resolution is filed under the procedure or fails to provide to the consumer written notification of the procedure's decision within 5 days following the date the decision-making process is completed, the consumer may, within 18 months following the date the consumer first took the motor vehicle to the dealer for correction of the nonconformity, file an action in a court of competent jurisdiction against the manufacturer, co-manufacturer, or post-manufacturing modifier and shall be entitled to assert the dispute settlement decision, if any, as an affirmative defense in that action.

Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2).

56:12-45. Proceedings

The director may institute proceedings against any manufacturer, or, in the case of an authorized emergency vehicle, any manufacturer, co-manufacturer, or post-manufacturing modifier, who fails to comply with any of the provisions of this act [C.56:12-29 et seq.].

56:12-46. No liability, cause of action

Nothing in this act shall be construed as imposing any liability on a dealer or distributor, or creating a cause of action by a manufacturer, or, in the case of an authorized emergency vehicle, a manufacturer, co-manufacturer, or post-manufacturing modifier, against a dealer or distributor, and nothing shall be construed as imposing any liability on a dealer or distributor, or creating a cause of action by a consumer against a dealer or distributor under section 4 [C.56:12-32] of this act.

Nothing in this act, in the case of an authorized emergency vehicle and notwithstanding any other law to the contrary, shall be construed as creating, establishing or otherwise imposing joint and several liability for any action under P.L.1988, c.123 (C.56:12-29 et seq.), and a manufacturer, co-manufacturer, or post- manufacturing modifier shall only be liable for that percentage of negligence or fault in that action directly attributable to its respective degree of liability.

56:12-47. No limitation on rights

Nothing in this act [C.56:12-29 et seq.] shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

56:12-48. Agreements void

Any agreement entered into by a consumer for the purchase or lease of a new motor vehicle which waives, limits or disclaims the rights set forth in this act [C.56:12-29 et seq.] shall be void as contrary to public policy.

56:12-49. Rules, regulations

Within 120 days following enactment, the director shall, subject to approval by the Attorney General and pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.

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