Skip to main content

Am I entitled to pursue the Lemon law?

Edison, NJ |
Filed under: Lemon law

Third time the vehicle has had the same issue . Car has been to the dealer twice because of this , first time , cleared codes ( misfiring cylinder ) , attempted to replicate issue - no luck . Second time , misfiring cylinder again , cleared codes replaced two coil packs , gave me the car back . Last week it happened for the third time , the issue is the car loses ~ 80s of its power and becomes difficult to even pullover being this happens when on the highway . The car is currently at the dealer and supposedly the issue has been resolved . My issue is I feel unsafe driving the vehicle and it has occurred 3 times . I almost do not want to pick the car up from the dealer . Is there something that can be done even though the car should currently be fine ? I really do not want that to happen to me again .

Attorney Answers 5

Posted

Maybe, if you bought it new. Every state has its own Lemon Law and whether your vehicle is a lemon depends on your law and the facts of your case. Most state laws only cover vehicles bought or leased new but some cover used ones too. New Jersey’s lemon law defines a lemon vehicle as one that had 3 unsuccessful repairs or 20 calendar days out of service within the shorter of 2 years or 18,000 miles. Leased vehicles are covered too. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new, so you have to read your state's particular law to know what your legal rights are. Generally, all state Lemon Laws require that you return the vehicle to the manufacturer's dealer for repair attempts for the same defect before you can claim it is a lemon, although there are other definitions of what a lemon can be. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle and you can make the manufacturer pay your attorney fees too. If you’ve got a lemon, then you need to talk to a local Lemon Law attorney. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://ohiolemonlaw.com/locate-a-local-attorney.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Lemon Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.USLemonLawyers.com

How can I find a Lemon Law lawyer near me? Click here for a 50 state list of Lemon Law attorneys
http://www.ohiolemonlaw.com/locate-a-local-attorney.shtml

What does your state lemon law say? Find out by Clicking Here
http://www.ohiolemonlaw.com/state-lemon-law-summaries.htm

Is there a federal lemon law? Yes, click here to see what it says
http://www.ohiolemonlaw.com/federal-lemon-law.htm

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

You may have a lemon law claim, depending on the purchase date and the mileage of the car, which is not in the information you provided. Even if you do not have a lemon law claim, you probably have a claim under the Magnuson Moss Warranty Act, a federal statute under which you can receive money from the manufacturer. It is important that you return to the dealership to get the invoice for the third repair. I would recommend getting in touch with an experienced New Jersey lemon law attorney. Our firm's New Jersey lawyers provide lemon law and warranty help at no cost to consumers. If interested, please go to http://www.lemonlaw.com/nj-lemon-law.html or call Michael Sacks at 1-800-536-6652 extension 131.

This response does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

Ronald Lee Burdge

Ronald Lee Burdge

Posted

Call Christina - that's my recommendation to you.

Posted

Your question calls for legal advice. Check with a New Jersey lawyer. Many of us offer consultations at little to no charge.

---------------------------
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

Contact a lemon law attorney for a free evaluation of your potential claim. If you bought the car in New Jersey - the lemon laws protect purchasers of new and used cars during certain time frames.

Just because the dealer is saying the car is fixed doesn't mean that is the case. A lemon law attorney can have a mechanic look at the vehicle in order to get that important second opinion and see what is really going on with this car. Keep all of your records and documents so that you can provide copies for the attorney to review.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

In NJ, we have the Consumer Fraud Act which protects consumers under a variety of situations involving merchants - car sales being one such area.

Based on the facts presented here, it's not clear that you have a claim, but it is certainly possible that you do have a claim. Several questions need to be answered, including:
1. Is the car is new or used?
2. If it's used, was it purchased from the dealer who is repairing it, or another party?
3. If used, what sort of warranty came with the vehicle?
4. When was the car purchased?

You should contact an attorney who handles consumer fraud actions to assist you in answering these questions and reviewing your documentation. Only after a careful and thorough review of the file can a determination as to whether you may utilize the NJCFA be made.

Best of luck, and feel free to contact my office for a consultation or referral.

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

Mark as helpful

2 lawyers agree

Lemon law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics