By Sarah Ballentine
For most of us, a dependable automobile is an indispensable part of our daily existence. Without it, our ability to get to work, attend social events and accomplish errands in a timely manner suffers greatly. In light of this realization, states have enacted what are known as "lemon laws".
Essentially, the laws serve to protect consumers against remaining financially attached to vehicles that consistently fail to live up to their warranty within a certain period of time following purchase or lease agreement. In New Jersey, this period of time is defined in either mileage terms or by calendar.
Specifically, if, within 18,000 miles or two years, a vehicle has been repaired three or more times for the same problem by the dealership or the manufacturer, or is non-drivable for a cumulative total of 20 or more days since its delivery date, it's considered a lemon, entitling the consumer to an exchange or a reimbursement.
However, before the consumer takes action against the manufacturer, the consumer should notify the manufacturer by certified mail of the vehicle's problems and given it 10 days following the notification to resolve the defect(s).
The consumer can send the notice after two repairs for the same problem have failed to resolve it, or after the vehicle has been inoperable for a total of 20 or more days. In most cases, consumers hire a NJ lemon law attorney to submit the notice on their behalf and navigate the courts should a claim be disputed.
There is also the Uniform Commercial Code and what is known as the federal lemon law that may be less stringent than the requirements of the state lemon law. However, normally the remedy will not be a new car or all your money back, but some form of cash compensation instead.
Some state lemon law claims are resolved without dispute; however, vehicle manufacturers have every reason to dispute them. Once a claim is resolved, the owner of a lemon will either relinquish the vehicle to the dealership and receive a comparable vehicle as a replacement or receive a refund of the vehicle's purchase price, minus a "reasonable allowance" based on mileage.
In the case of a refund, the consumer will also be reimbursed for sales tax, license and registration fees, finance charges, towing fees, rental car fees incurred while the vehicle was being repaired and the cost of options or modifications that were installed, arranged or made by the manufacturer within thirty days of the vehicle's original delivery date.
A manufacturer can offer the consumer another vehicle, but the consumer has the right to reject the offer and instead receive compensation.
More often than not, a vehicle's warranty expires without the vehicle needing significant repairs. Like almost all mechanical products, automobiles shouldn't start malfunctioning until their components experience significant stress and wear.
Therefore, it's important to realize that a new vehicle that keeps importuning you with the same problem or that spends lots of time in the repair shop probably has a serious mechanical or engineering problem that isn't likely to go away. If you drive a vehicle you think is a lemon; instead of becoming saddled with a financial albatross, contact a NJ Lemon Law lawyer and get the compensation that you deserve today.
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