Key takeaways
- Protection period: first 24,000 miles or 2 years from original delivery, whichever is earlier (2 years for farm tractors).
- Repair attempts: substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Days out of service: cumulative total of 20 or more calendar days out of service for repair since original delivery (45 or more calendar days for a motorhome), within the protection period, and a nonconformity continues to exist.
- The law is N.J. Stat. Ann. §§ 56:12-29 to 56:12-49. Read it with your repair orders and your warranty in front of you.
On this page
New Jersey's lemon law is N.J. Stat. Ann. §§ 56:12-29 to 56:12-49, the New Jersey Lemon Law (New Car Lemon Law), P.L.1988, c.123. It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
New Jersey lemon law at a glance
| Statute | N.J. Stat. Ann. §§ 56:12-29 to 56:12-49 |
|---|---|
| Official name | New Jersey Lemon Law (New Car Lemon Law), P.L.1988, c.123 |
| Vehicles covered | Passenger automobiles, farm tractors, authorized emergency vehicles, and motorcycles (as defined in R.S. 39:1-1) purchased or leased in New Jersey or registered with the NJ Motor Vehicle Commission. Excludes the living facilities of motor homes. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | First 24,000 miles or 2 years from original delivery, whichever is earlier (2 years for farm tractors). |
| Repair attempts | Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist. |
| Serious safety defects | A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to examination or repair at least once, and it continues to exist. |
| Days out of service | Cumulative total of 20 or more calendar days out of service for repair since original delivery (45 or more calendar days for a motorhome), within the protection period, and a nonconformity continues to exist. |
| Notice to the manufacturer | The presumption applies only if the manufacturer received written notice of a potential claim by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days of receipt. Notice may be sent after 2 repair attempts, 20 calendar days out of service (45 for motorhomes), or 1 attempt for a serious safety defect. The notice is a prerequisite to applying for the state hearing. |
| Dispute programs | Optional. Consumers may use a manufacturer's informal dispute program or the Division of Consumer Affairs' state summary hearing (held at the Office of Administrative Law), but are not required to use either before suing in Superior Court. A state hearing decision binds both parties (appealable to the Appellate Division) and bars a later Superior Court lemon law action. |
| Remedies | Refund of the full purchase price, including trade-in credit, options added within 30 days, sales tax, license and registration fees, finance charges, towing and rental costs, less a reasonable allowance for use = mileage at first repair presentation x price / 100,000. The manufacturer may offer a replacement, but the consumer may reject it and demand a refund. Lessees get a refund of amounts paid under the lease with no early termination penalty. |
| Attorney's fees | Yes. A prevailing consumer in Superior Court or in the Division proceeding shall be awarded reasonable attorney's fees, expert witness fees and costs (N.J.S.A. 56:12-42). |
| Used vehicles | No separate used-car lemon law. A person to whom the vehicle is transferred during the warranty is a 'consumer'. |
Does your vehicle qualify in New Jersey?
The law covers passenger automobiles, farm tractors, authorized emergency vehicles, and motorcycles (as defined in R.S. 39:1-1) purchased or leased in New Jersey or registered with the NJ Motor Vehicle Commission. Excludes the living facilities of motor homes. The protection period is first 24,000 miles or 2 years from original delivery, whichever is earlier (2 years for farm tractors). Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist.
- Serious safety defect: A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to examination or repair at least once, and it continues to exist.
- Days out of service: Cumulative total of 20 or more calendar days out of service for repair since original delivery (45 or more calendar days for a motorhome), within the protection period, and a nonconformity continues to exist.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
The presumption applies only if the manufacturer received written notice of a potential claim by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days of receipt. Notice may be sent after 2 repair attempts, 20 calendar days out of service (45 for motorhomes), or 1 attempt for a serious safety defect. The notice is a prerequisite to applying for the state hearing.
Optional. Consumers may use a manufacturer's informal dispute program or the Division of Consumer Affairs' state summary hearing (held at the Office of Administrative Law), but are not required to use either before suing in Superior Court. A state hearing decision binds both parties (appealable to the Appellate Division) and bars a later Superior Court lemon law action.
State resource: New Jersey Division of Consumer Affairs, Lemon Law Unit.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
Refund of the full purchase price, including trade-in credit, options added within 30 days, sales tax, license and registration fees, finance charges, towing and rental costs, less a reasonable allowance for use = mileage at first repair presentation x price / 100,000. The manufacturer may offer a replacement, but the consumer may reject it and demand a refund. Lessees get a refund of amounts paid under the lease with no early termination penalty. Yes. A prevailing consumer in Superior Court or in the Division proceeding shall be awarded reasonable attorney's fees, expert witness fees and costs (N.J.S.A. 56:12-42). Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside New Jersey's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your New Jersey vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in New Jersey?
Under N.J. Stat. Ann. §§ 56:12-29 to 56:12-49, the presumption is met when substantially the same nonconformity subject to repair 3 or more times within the protection period and it continues to exist. A defect likely to cause death or serious injury has its own test: A nonconformity likely to cause death or serious bodily injury if the vehicle is driven, subject to examination or repair at least once, and it continues to exist. The law also counts time in the shop: cumulative total of 20 or more calendar days out of service for repair since original delivery (45 or more calendar days for a motorhome), within the protection period, and a nonconformity continues to exist.
Does the New Jersey lemon law cover used cars?
No separate used-car lemon law. A person to whom the vehicle is transferred during the warranty is a 'consumer'. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the New Jersey lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in New Jersey?
The presumption applies only if the manufacturer received written notice of a potential claim by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days of receipt. Notice may be sent after 2 repair attempts, 20 calendar days out of service (45 for motorhomes), or 1 attempt for a serious safety defect. The notice is a prerequisite to applying for the state hearing. Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in New Jersey?
Optional. Consumers may use a manufacturer's informal dispute program or the Division of Consumer Affairs' state summary hearing (held at the Office of Administrative Law), but are not required to use either before suing in Superior Court. A state hearing decision binds both parties (appealable to the Appellate Division) and bars a later Superior Court lemon law action.
Can I recover attorney's fees under the New Jersey lemon law?
Yes. A prevailing consumer in Superior Court or in the Division proceeding shall be awarded reasonable attorney's fees, expert witness fees and costs (N.J.S.A. 56:12-42). We explain exactly how fees work in your case before you sign anything.
Sources
- N.J.S.A. 56:12-30 Definitions (NJ Legislature statutes database)
- N.J.S.A. 56:12-31 Report of nonconformity; repairs
- N.J.S.A. 56:12-32 Refunds
- N.J.S.A. 56:12-33 Presumption; written notification
- N.J.S.A. 56:12-37 Dispute resolution
- N.J.S.A. 56:12-39 Decision binding
- N.J.S.A. 56:12-42 Attorney, expert fees; cost
- P.L.2009, c.128 (NJ Legislature)
- NJ Division of Consumer Affairs - New Car Lemon Law consumer brief (rev. 01/04/24)