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NEW CAR LEMON LAW

MARK R. SILBER, ATTORNEY AT LAW

NEW CAR LEMON LAW

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Lemon Law


Lemon Law is actually a subdivision of Consumer Law. Consumer law is a growing number of laws enacted by Congress and the various states to protect the consumer. Consumer protection laws cover such things as:
  • Fair Credit Reporting
  • Door to Door Sales (and the 3-day right of cancellation)
  • Fair Debt Collection
  • Federal Warranty Act (Magnuson-Moss Warranty Act)
  • Consumer exception to holder in due course (can make a bank liable for a dealer's misconduct)
  • Regulation "Z", Truth in Lending
  • Home Contractor's Registration
  • Home Improvement Act
  • New Car Lemon Law
  • Used Car Lemon Law
  • Truth in Consumer Contracts and Warranty Act
The list goes on. Check back with us from time to time. Here, we'll introduce you to the New Jersey New Car Lemon Law. Do check our Baker's Dozen Pitfalls to representing yourself under the Lemon Law on our blog.

MISTAKES WHEN PURSUING A LEMON LAW CLAIM


  1. Failing to keep a copy of your service problems when using a night drop;
  2. Failure to accurately describe service problems and require the service writer to precisely record them on your repair order before signing it;
  3. Failure to keep all service records and receipts in a file folder in a file cabinet;
  4. Leaving or storing service records in your glove compartment where they can be removed (very common);
  5. Failing to understand and follow instructions exactly if you send your own "Final Notice" (leads to fatal errors);
  6. Drafting and sending your own "Final Notice" (often fatal);
  7. Failure to grasp and understand your problem must substantially (SUBSTANTIALLY) impair the use, value or safety of your vehicle to win your case;
  8. Failure to prove your defect substantially impairs the use, value or safety of your vehicle;
  9. Failure to understand the manufacturer appears with a competent, experienced, classy, likeable, attorney and professional witnesses to demonstrate clearly your problem either is minimal or something built up in your mind;
  10. Failure to read previous NJ Administrative Lemon Law decisions to see how many consumers who went before you lost their cases (most);
  11. Failure to recognize the weaknesses in your case and know when to compromise, settle and accept a manufacturer's offer rather than going to trial and losing;
  12. Failure to consult a knowledgeable, competent, experienced attorney.
  13. Failure to recognize the helpful people at the NJ Lemon Law Unit of Consumer Affairs are not attorneys and their well intended suggestions may not always carry the day (again, read the overwhelming number of cases lost).
Mark R Silber, Metuchen NJ
Copyrighted © January 28th, 2016
All Rights Reserved
Permission to Duplicate Granted with Full Credit to the Author, Only

IF YOU ANSWER, "YES," TO THE FOLLOWING QUESTIONS, YOU LIKELY ARE ELIGIBLE FOR A REFUND:


  • You own a car, pickup, SUV, motorized wheelchair, motorcycle, motor home
  • The vehicle is registered or purchased in NJ
  • Right now, it's substantially impaired in use, value or safety
  • You can prove with written repair orders you took it for service for the same serious problem at least twice, OR it was out of service for at least 20 days for different serious problems
STOP! IT'S TIME TO CALL US FREE OF CHARGE. WE will take your matter from here. Call us with any questions.
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