Did you purchase a car that turned out to be defective?
If you purchased a defective car, New Jersey Lemon Law enables you to get a full refund of the vehicle’s purchase price or a new car replacement in some cases. Additionally, the Lemon Law provides full payment for all legal fees and costs by the manufacturer, should you prevail.
Attorney Michael Krutman will provide you with the best possible chance of prevailing. You’ll benefit from his knowledge, years of experience, and proven track record in obtaining justice and protecting client rights.
THE LEMON LAW
By: Michael W. Krutman, Esq
Krutman & Eustace, P.C.
The Lemon Law is a consumer protection law enacted by the New Jersey Legislature to help consumers when they buy, lease, or register a new car or motorcycle in New Jersey that develops repeated defects or lengthy unusable periods within twenty-four (24) months or 18,000 miles. The Lemon Law does not cover the living quarters of motor-homes, vehicles designed for commercial use, defects caused by accident, vandalism, abuse, neglect or defects caused by attempts to repair or to modify the vehicle by a person other than the manufacturer, its agent, or authorized dealer.
A new motor vehicle is presumed to be a lemon if it has one or more defects that continue to exist after 3 attempts at repair or after the vehicle has been out of service for a total of 20 cumulative calendar days. The manufacturer must be given a final chance to repair the defects by way of certified letter. This letter can be sent to the manufacturer after the dealer’s second unsuccessful attempt to repair the same problem or if the defect still exists after 20 cumulative days out of service.
To qualify under the Lemon Law, the defect must continue to exist and substantially impair the use, value or safety of the vehicle. If the dealer or manufacturer fixes the problem/defect then there usually is no basis to continue with a Lemon Law claim no matter how significant the problem was unless you want to pursue the claim through the State Courts. However, if the defect is not fixed, the consumer’s attorney can then file a complaint with the State Courts or proceed through the Office of Administrative Law. If the consumer’s attorney litigates through the State Courts it could take one to two years before the case is scheduled for trial. In many Lemon Law cases quick relief is needed, so the best way to proceed is through the Office of Administrative Law since a trial before an Administrative Law Judge will usually be assigned within 20 days after the application is filed and the $50.00 fee is paid. A written decision from the Administrative Law Judge is usually received within 30 days of the trial.
If successful the consumer can receive a replacement vehicle or a refund minus a reasonable allowance for vehicle use. The Judge can also award attorney’s fees, expert’s fees, filing fees and other costs. Also, depending upon the strength of the case other settlement possibilities include keeping the car and receiving a cash settlement, and extending your warranty.
Examples of Lemon Law Decisions Are:
- Noise in the back seat when an automobile travels over rough road did not entitle the consumer to relief under the Lemon Law;
- An automobile’s intermittent bucking and sudden loss of power entitled the consumer to Lemon Law relief;
- An unsubstantiated annoying draft on the driver’s feet during cold weather was denied Lemon Law relief;
- Repeated engine problems, which resulted in vehicle breakdowns entitled the consumer to Lemon Law relief.
My experience in handling and trying Lemon Law cases over the years is that success at trial depends upon the credibility of your client and whether the defect substantially impairs the use, value or safety of the vehicle. This is not an easy burden for the consumer to overcome. Noise cases are a good example. Many times a car will make an annoying noise but the question becomes does it substantially impair the use, value or safety of the vehicle? It depends upon the location, level and consistency of the noise. Is the car used less because of the noise? Does the noise make you feel unsafe when driving the vehicle? If the noise is low and intermittent then you will have a difficult time proving it is substantial. However, if your new minivan that is used to transport your children has a loud banging noise coming from one of the doors than you have a good argument that the defect substantially impairs the safety of the vehicle.
Helpful Hints:
- Report all problems when bringing the car in for repair and make sure
- they are written down;
- Retain all repair receipts and maintain a complete record of all contacts
- with the manufacturer and dealer;
- Obtain an attorney because the manufacturer will have one and an on staff expert who will testify for them;
- Do not forget to send the final chance to repair letter after the dealer fails to repair the same problem twice.
If anyone should have any questions or any clients who need assistance, please feel free to contact me:
Michael W. Krutman, Esquire is a Partner with the Law Firm of Krutman and Eustace, P.C., 2525 Nottingham Way, Hamilton, New Jersey, phone number (609) 890-2525, and is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Mr. Krutman has served as a Mediator of Lemon Law cases for the State Courts of New Jersey and an Arbitrator of Lemon Law cases for the Better Business Bureau. He concentrates his practice in the areas of Lemon Law, Consumer Fraud, Personal Injury, Workers’ Compensation, Collections, and Insurance, Commercial and Civil Litigation.
