Lemon Law / NJ 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.
New Jersey's 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.
If you've answered yes to the above statements, you may qualify for FREE legal help under state lemon laws or Federal Warranty Law.
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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.
A Bill designed to provide additional consumer protection to Garden State drivers was signed late last week by Governor Jon Corzine. The New Jersey Lemon Law has expanded coverage to assist automobile and motorcycle drivers who suffer a defect within the first two years or 24,000 miles which cannot be fixed after three repair attempts, or whose vehicles are in the shop 20 or more days during the 2 year or 24,000 miles period.
Senate Bill 454, sponsored by New Jersey Senators Barbara Buono and Nicholas P. Scutari was written to update the Lemon Law based on the needs of current commuters. "Drivers commute to work much farther than when the laws were enacted 18 years ago," said Senator Buono in an interview with Politickernj.com. "Subsequently, consumers were finding that their Lemon Law rights were being limited to approximately a year of usage."
In addition, if a defect which could cause serious bodily injury or death occurs in the first 2 years or 24,000 miles, the manufacturer has only one repair attempt to fix the problem before a New Jersey consumer can file a Lemon Law claim. There are similar provisions in other state's Lemon Laws, including Ohio.
"This is a giant step in consumer protection," says Cherry Hill-based Lemon Law attorney Robert M. Silverman, Founding Partner of Kimmel & Silverman. "Once you combine the State's top-notch judicial system with this powerful statute, car manufacturers better think twice before refusing to voluntarily comply with consumers' rights under the New Jersey Lemon Law."
In the past, the New Jersey Lemon Law received national accolades from the Center for Auto Safety which named the statute the second most effective Lemon Law in the Country. In a congratulatory letter sent to then New Jersey Attorney General David Sampson, the Center for Auto Safety lauded New Jersey for allowing consumers "to go to an attorney immediately to get rid of their lemon rather than waiting for the arbitration process." In addition, Clarence Ditlow, CAS Executive Director, commended the state for providing cost-free legal representation under the Law. If a consumer prevails, the manufacturer is responsible for paying all attorneys fees.
Also in that letter, Mr. Ditlow suggested requiring only one repair attempt if a defect threatens death or serious bodily injury as a way to make the Law even stronger.
The New Jersey Lemon Law protects purchasers and lessees of automobile and motorcycles who purchase, lease or register their vehicle in the State. Maximum remedy under the Law is a complete repurchase of the vehicle, including taxes, tags, finance charges, and down payment minus a mileage offset to reflect when the problem was first addressed by the manufacturer. Consumers who do not fall under the NJ Lemon Law parameters but experience repetitive problems under their manufacturers warranty may be entitled to recourse under the Federal 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.
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.
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.
We have handled cases in every court throughout the state. We travel to our clients for inspections as well.
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:
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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.
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.
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!
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.
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.
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.
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.
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.
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.
The proper procedure for opening any Lemon Law claim includes:
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.
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.
The Lemon Law in NJ 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 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.
Kimmel & Silverman, New Jersey Lemon Law Attorneys 1930 E. Marlton Pike Executive Mews, Suite Q29 Cherry Hill, NJ 08003