The NJ Lemon Law, like most state “Lemon Laws” is at least loosely modeled upon the Federal Lemon Law known as the Magnuson-Moss Warranty Act, 15 U.S.C. §2310 et seq. (”MMWA”). The MMWA was signed into law on July 4, 1975. This law began to come into being when President Lyndon Johnson created a “Task Force on Appliance Warranties and Service.” See H. R. Rep. No. 93-1107, at 24 (1974), reprinted in 1974 U.S.C.C.A.N. 77. So the Lemon Law in NJ is pretty standard stuff.
Nj’s lemon law is contained in NJ Revised Statues Sections 44-1261 to 44-1267. The NJlemon law provides that if a new motor vehicle purchased by a consumer does not conform to all applicable express warranties, the manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs necessary to conform the vehicle to the express warranties.
If, after a reasonable number of attempts, the manufacturer, NJ’s agents or its authorized dealers do not conform the vehicle to an express warranty by repairing or correcting any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer, the manufacturer must :
- Replace the vehicle with a new vehicle, or accept the return of the vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, minus a reasonable allowance for the consumer’s use of the vehicle, generally defined in mileage and wear cost.
Like most states, the NJ Lemon Law states that the generally accepted number of repair attempts is four, within a span of 24 months or 24,000 miles, after which the seller must perform one of the actions above.
The car manufacturer may defend itself by substantiating one of the following:
- The alleged problem does not substantially impair the use and market value of the vehicle
- The problem was a direct or indirect result of abuse, neglect, or unauthorized modifications or alterations of the vehicle.