Skip to main content

New Jersey Lemon Law: Do You Qualify?

Under the N.J.S.A. 56:12-29 to 56:12-49 (Motor Vehicle Warranty Act).

New Jersey has two lemon laws. The Motor Vehicle Warranty Act covers a new passenger automobile, farm tractor, authorized emergency vehicle or motorcycle (and a motor home, except its living facilities) that is purchased or leased in New Jersey or registered here, and it reaches a later owner who got the vehicle during a manufacturer's warranty. Within the first 24,000 miles or two years from original delivery, whichever is earlier, it presumes the manufacturer cannot repair a nonconformity within a reasonable time after three repairs of substantially the same nonconformity, 20 calendar days out of service, or one examination or repair of a defect likely to cause death or serious bodily injury, as long as the nonconformity continues to exist and the manufacturer received certified-mail notice and had 10 calendar days to repair. A separate Used Car Lemon Law makes a dealer, meaning a seller of three or more used vehicles in the previous 12 months, give a written warranty on a used vehicle sold for $3,000 or more, with no more than 100,000 miles and not over seven model years old, for the engine, transmission and drive parts. If your vehicle keeps coming back unfixed, you may qualify; the free checker below applies New Jersey's rules to your answers in minutes.

New Jersey lemon law at a glance

Coverage window
New vehicles: the first 24,000 miles of operation or two years from original delivery, whichever is earlier; a farm tractor, two years. The term is extended by any time repair services are not available because of a war, invasion, strike, fire, flood or other natural disaster. Used cars: the dealer warranty by mileage at sale: 90 days or 3,000 miles (24,000 miles or less), 60 days or 2,000 miles (more than 24,000 but less than 60,000), 30 days or 1,000 miles (60,000 or more), whichever comes first, extended while the vehicle waits for the dealer to begin or complete repairs.
Who is covered
New vehicles: a buyer or lessee, other than for resale, and a person to whom the vehicle is transferred during a warranty applicable to it; the definitions have no personal-use limit, but the Division’s brief lists vehicles registered for commercial use as not covered. Used cars: a purchaser, other than for resale, of a used motor vehicle normally used for personal, family or household purposes; leased vehicles and private sales are not covered.
Repair attempts
New vehicles: three repairs of substantially the same nonconformity that continues to exist, or one examination or repair of a nonconformity likely to cause death or serious bodily injury if the vehicle is driven and that continues to exist. Used cars: the same material defect repaired three or more times by the dealer within the warranty period, and still existing.
Days out of service
New vehicles: 20 cumulative calendar days (45 for a motorhome) since original delivery, with a nonconformity continuing to exist. The regulations count the days the vehicle is on a repair facility’s premises and not days lost to the consumer’s delay. Used cars: 20 cumulative days waiting for the dealer to begin or complete repair during the warranty period.
Written notice
The new-vehicle presumption applies only if the manufacturer received written notification by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days following receipt (N.J.S.A. 56:12-33(b)). It may be sent any time after two or more repairs of the same nonconformity, 20 calendar days out of service (45 for a motorhome) or, for a defect likely to cause death or serious bodily injury, one examination or repair. The regulations say the manufacturer must receive it within the term of protection. It is a prerequisite to a Division application (§ 56:12-37(a)); it is not a prerequisite to suing in Superior Court (§ 56:12-39).
Used vehicles
A dealer sale of $3,000 or more, with no more than 100,000 miles and not over seven model years old. Excluded: motorcycles, motor homes, off-road vehicles, a vehicle declared a total loss that the buyer was told about in writing, a vehicle bought from a lessor at the end of a lease of more than 90 days by the lessee, a family member or an employee, and a vehicle sold under a separately signed written waiver (only above 60,000 miles). Coverage is limited to listed covered items (engine, transmission and transfer case, front- and rear-wheel drive parts and the components the definition names); the dealer’s warranty has a $50 deductible for each repair of a covered item. A used vehicle bought during a manufacturer’s warranty may also fall under the new-vehicle Act.
Defenses
It is the manufacturer’s affirmative defense that the nonconformity does not substantially impair the use, value or safety of the vehicle, or results from abuse, neglect or unauthorized modifications or alterations (N.J.S.A. 56:12-40). The used-car law gives the dealer the same two defenses (§ 56:8-71(b)).
State program
The Division of Consumer Affairs Lemon Law Unit sends accepted new-vehicle applications to a summary hearing before the Office of Administrative Law. It is optional: a consumer need not use it, or the manufacturer’s informal procedure, before suing in Superior Court, but a Division decision is binding and precludes a later Superior Court action under the Act (§ 56:12-39).
Who is liable
The Motor Vehicle Warranty Act imposes no liability on a dealer or distributor and creates no consumer cause of action against one under its refund section (N.J.S.A. 56:12-46). An agreement that waives, limits or disclaims its rights is void as contrary to public policy (§ 56:12-48).

Check your New Jersey eligibility now

Free, anonymous, and specific to New Jersey. Answer a few questions about your vehicle and repair history to see whether you may qualify.

New Jersey lemon law: frequently asked questions

What qualifies as a lemon under the New Jersey lemon law?
A "nonconformity" is a defect or condition which substantially impairs the use, value or safety of a motor vehicle. If the manufacturer or its dealer is unable to repair or correct it within a reasonable time during the first 24,000 miles or two years from original delivery, whichever is earlier, the manufacturer must accept the vehicle back and refund (N.J.S.A. 56:12-32). The Act presumes that inability after three repairs of substantially the same nonconformity, 20 or more calendar days out of service, or one examination or repair of a defect likely to cause death or serious bodily injury if the vehicle is driven, where a nonconformity continues to exist and the manufacturer received the certified-mail notice and had its 10 calendar days (§ 56:12-33).
I bought my car used. Which law applies?
The Used Car Lemon Law covers a used passenger vehicle bought from a dealer for $3,000 or more, with no more than 100,000 miles and not over seven model years old: the dealer must give a written warranty of 90 days or 3,000 miles, 60 days or 2,000 miles, or 30 days or 1,000 miles, depending on mileage at sale, for the covered items (engine, transmission and transfer case, drive parts) with a $50 deductible per repair. If you got the vehicle while the manufacturer’s warranty was in effect and it is still within 24,000 miles and two years from original delivery, the new-vehicle Act may also apply to you as a person to whom the vehicle was transferred during a warranty.
Do I have to send a certified-mail notice before suing?
Not to sue. The Act says you need not use the Division’s summary hearing or the manufacturer’s informal procedure before filing in Superior Court (N.J.S.A. 56:12-39). The notice matters in two ways: the presumption applies only if the manufacturer received written notification by certified mail, return receipt requested, and had one opportunity to repair within 10 calendar days following receipt (§ 56:12-33(b)), and the notice is a prerequisite to a Division application (§ 56:12-37(a)). The regulations say the manufacturer must receive it within the term of protection.
What can I recover under the New Jersey lemon law?
Under the new-vehicle Act, a full refund of the purchase price including any stated credit for your trade-in, options arranged within 30 days after original delivery, and any other charges or fees including, but not limited to, sales tax, license and registration fees, finance charges, towing and rental of an equivalent vehicle while yours was out of service, less a reasonable allowance for vehicle use (N.J.S.A. 56:12-32). The manufacturer may offer a replacement, but you may reject it and demand a refund. A prevailing consumer shall be awarded reasonable attorney’s fees, expert fees and costs (§ 56:12-42). Under the Used Car Lemon Law the dealer repurchases and refunds the price excluding sales taxes, title and registration fees, less an allowance for excessive wear and tear and a deduction for personal use (§ 56:8-71(a)). The Consumer Fraud Act is a separate claim that allows threefold damages for an ascertainable loss from an unlawful practice (§ 56:8-19).
How long do I have to file in New Jersey?
Neither lemon law states a period for a Division application or a suit. The UCC allows four years for an action for breach of a contract for sale, running from tender of delivery (N.J.S.A. 12A:2-725); the statutes do not say whether that period governs a lemon-law claim, so do not wait. A final Division decision can be appealed to the Appellate Division within 45 days (N.J.A.C. 13:45A-26.12).

Think you qualify? Estimate your refund with the New Jersey refund calculator →

Statutes cited on this page

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.

Lemon law guides for other states

See all states →