Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Mazda Lemon Law Fraud & New Jersey Mazda Lemon Claims

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Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

NEW JERSEY MAZDA LEMON FRAUD FACTS AND NEW JERSEY MAZDA LEMON LAW FACTS
This article only discusses the New Jersey New Car Lemon Law. The New Jersey Used Car Lemon Law is an entirely different New Jersey Law discussed in a separate article located on this website.

WHAT IS THE PURPOSE OF THE NEW JEREY LEMON LAW FOR MAZDA CAR BUYERS, MAZDA TRUCK BUYERS, MAZDA SUV BUYERS AND MAZDA VEHICLE LESSEES?
The purpose of the New Jersey Lemon Law is to protect New Jersey Mazda Lemon buyers or New Jersey Mazda Lemon lessees when they buy or lease a Mazda car, Mazda truck or Mazda SUV or have a Mazda car, Mazda truck or Mazda SUV transferred to them in a certain time period and Mazda violates the New Jersey Lemon Law.

NEW JERSEY MAZDA OWNERS AND MAZDA VEHICLE LESSEES CALL NOW FOR A NO OBLIBATION PHONE CONSULTATION!
If you live in New Jersey and you bought a Mazda car, Mazda truck or Mazda SUV in New Jersey or you registered a Mazda in New Jersey, contact Paul DePetris today for a no obligation consultation about what he can do for you. Call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseyLemon.com.

NEW JERSEY MAZDA LEMON LAW FRAUD CASES

WHAT IS NEW JERSEY LEMON FRAUD FOR NEW JERSEY MAZDA CAR PURCHASERS, NEW JERSEY MAZDA TRUCK PURCHASERS AND NEW JERSEY MAZDA SUV PURCHASERS?
Under the New Jersey Lemon Law, Mazda commits a per se New Jersey Consumer Fraud Act violation if they fail to:
• Provide with the New Jersey Mazda car, New Jersey Mazda truck or New Jersey Mazda SUV certain papers comply with the New Jersey Lemon Law.
• Provide at purchase or lease the notice of consumer’s rights under the New Jersey Lemon Law & keep a record of Compliance.
• Each time a vehicle is returned from being examined or repaired during the term of protection, through its dealer provide an itemized, legible statement of repair with certain disclosures.
• If a vehicle is returned to Mazda under the New Jersey Lemon Law or a similar statute or from legal action or informal dispute settlement procedure, not resell or re-lease the vehicle in NJ unless: (1) Mazda or dealer stamps the certificate of title or other evidence of ownership “RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEEDING” & within 10 days of receipt, submit same to the New Jersey Motor Vehicle Commission; (2) Mazda provides to the dealer or lessor & the dealer or lessor provides to Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee a written statement disclosing the aforesaid history.
• Certify to the New Jersey Division of Consumer Affairs, within one year of discovery, the existence of any inherent design defect common to all motor vehicles of a particular model or make.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY MAZDA LEMON FRAUD VICTIMS?
• Cancellation of fraudulent debts.
• Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
• Attorney’s fee awards.
• Refund of money lost due to the New Jersey Lemon Fraud violation and New Jersey Consumer Fraud violation.

WHAT NEW JERSEY MAZDA CARS AND NEW JERSEY MAZDA TRUCKS AND NEW JERSEY MAZDA SUV’S AND MAZDA VEHICLE LEASES DOES THE NEW JERSEY LEMON LAW APPLY TO?
The New Jersey Lemon Law does not apply to every defect in Mazda. It is not a guarantee against every defect. It applies to a defect that substantially impairs the use, value or safety of a car. New Jersey Lemon Mazda must be a passenger automobile (automobile used and designed for the transportation of passengers other than an omnibus or school bus) or motorcycle purchased or leased in New Jersey or registered by the New Jersey Motor Car Commission. The living facilities of mobile homes are excluded from coverage under the New Jersey Lemon Law. The person seeking to apply the New Jersey Lemon Law must be a buyer or lessee, other than for purposes of resale or sublease, of such a car or a person to whom New Jersey Lemon Mazda was transferred during the duration of a warranty applicable to New Jersey Lemon Mazda or any other person entitled by the warranty’s terms to enforce the warranty’s obligations.

NEW JERSEY MAZDA LEMON LAW DEFECT CASES

IN ADDITION TO NEW JERSEY MAZDA LEMON FRAUD, IF MY NEW JERSEY MAZDA CAR, NEW JERSEY MAZDA TRUCK OR NEW JERSEY MAZDA SUV PURCHASE OR NEW JERSEY MAZDA LEASE VEHICLE IS DEFECTIVE WHO IS RESPONSIBLE FOR NEW JERSEY MAZDA CAR DEFECTS UNDER THE NEW JERSEY LEMON LAW?
Even if you don’t qualify for New Jersey Mazda Lemon Fraud, you may have a New Jersey Mazda Lemon claim if you bought a Mazda in New Jersey and the Mazda had certain types of defects or had certain types of repairs. Those engaged in the business of manufacturing, assembling or distributing motor cars, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor cars are responsible for car defects under the New Jersey Lemon Law. New Jersey car dealers are not responsible for new car defects under the New Jersey Lemon Law.

IN ADDITION TO NEW JERSEY MAZDA LEMON FRAUD, HOW DO I PROVE A NEW JERSEY MAZDA LEMON LAW DEFECT CASE (THE BASICS)?
For a New Jersey Mazda buyer plaintiff or New Jersey lessee plaintiff to establish a New Jersey Mazda Lemon claim under the New Jersey Lemon Law, the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff must prove by a preponderance of the credible evidence each of the following five elements of the New Jersey Lemon Claim. The elements are:
• The New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff purchased/leased a car manufactured by the defendant.
• New Jersey Lemon Mazda had the New Jersey Lemon Law nonconformity or nonconformities that is/are, a defect or defects that substantially impaired the use, value or safety of New Jersey Lemon Mazda.
• The New Jersey Lemon Law nonconformity occurred during the first 24,000 miles of use, or within two years after the date of original delivery to the New Jersey Mazda buyer plaintiff or New Jersey Mazda buyer lessee, whichever is earlier.
• The New Jersey Mazda buyer plaintiff or New Jersey Mazda buyer lessee reported the New Jersey Lemon Law nonconformity to Mazda or its dealer during the first 24,000 miles of use, or during the period of two years following the date of original delivery to the plaintiff, whichever is earlier.
• Mazda, the New Jersey Mazda Lemon car manufacturer, through Mazda car dealers, did not repair the New Jersey Lemon Law nonconformity or non-conformities within a reasonable time.

DO BUSINESSES QUALIFY FOR COVERAGE UNDER THE NEW JERSEY LEMON LAW?
There is nothing in the New Jersey Lemon Law that forbids businesses from seeking relief under the New Jersey Lemon Law. The issue is probably one that would require determination by a New Jersey court. However, to qualify for relief, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV must be a “passenger automobile” as defined above.

DOES MY NEW JERSEY MAZDA CAR, MAZDA TRUCK OR MAZDA SUV HAVE TO BE “NEW” FOR ME TO QUALIFY FOR COVERAGE UNDER THE NEW JERSEY LEMON LAW?
There is nothing in the New Jersey Lemon Law that forbids used car owners from seeking relief under the New Jersey Lemon Law. For example, if a new vehicle is transferred to another owner or lessee during the first 24,000 miles or 2 years following its initial purchase, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s subsequent owner or lessee is also covered under the Lemon Law for that time period. Thus, technically speaking, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV does not have to be “new” and you do not have to be New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s first purchaser to be covered by the New Jersey Lemon Law. However, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s problems must occur during the first 24,000 miles of its operation or during the first 2 years following its original delivery date to the first purchaser, whichever first happens.

WHAT HAPPENS IF THE NEW JERSEY MAZDA LEMON CAR, NEW JERSEY MAZDA LEMON TRUCK OR NEW JERSEY MAZDA SUV IS TRANSFERRED DURING THE LEMON PERIOD?
If a new vehicle is transferred to another owner or lessee during the first 24,000 miles or 2 years following its initial purchase, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s subsequent owner or lessee is also covered under the Lemon Law for that time period. Thus, technically speaking, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV does not have to be “new” and you do not have to be New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s first purchaser to be covered by the New Jersey Lemon Law. However, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s problems must occur during the first 24,000 miles of its operation or during the first 2 years following its original delivery date to the first purchaser, whichever first happens.

IS MY NEW JERSEY MAZDA CAR, MAZDA TRUCK OR MAZDA SUV A LEMON UNDER THE NEW JERSEY LEMON LAW?
To be a Lemon under the New Jersey Lemon Law, a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee must prove the following:

• During the first 24,000 miles of operation or 2 years following delivery, whichever comes first, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV has a defect;

• The defect substantially impairs New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s use, value and/or safety, meaning the defect must not be of a trivial nature (which is subject to interpretation by a legal factfinder);

• During the first 24,000 miles of operation or 2 years following delivery, whichever comes first, the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee must notify New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s manufacturer or its Mazda car dealer of the defect; and

• Mazda or its Mazda car dealer is unable to repair or correct a defect within a reasonable time. One could argue that if Mazda or its Mazda car dealer refuses to fix the defect in a reasonable time – such as where they are simply unwilling to attempt to even fix New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV, Mazda is also liable for violating the New Jersey Lemon Law.

WHAT IS THE NEW JERSEY LEMON LAW “PRESUMPTION”?
The New Jersey Lemon Law presumption is not required to prove a New Jersey Mazda Lemon case! The New Jersey Lemon Law presumption is purely optional on the party of the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee! To win a New Jersey Mazda Lemon Law claim, you do not have to write any letters!!!! However, if you or your New Jersey Lemon Lawyer does write the correct type of letter and follows up, New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is presumed to be a “Lemon” if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV to a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee, whichever is the earlier date:

• Substantially the same defect has been subject to repair three or more times by Mazda or its Mazda car dealer (other than a defect likely to cause death or serious bodily inNew Jersey Lemon law case jury if New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is driven) and the defect continues to exist; or

• New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is out of service by reason of repair for one or more defects for a cumulative total of 20 or more calendar days or in the case of a motorhome, for 45 or more calendar days, since the original delivery of New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV and a defect continues to exist; or

• A defect likely to cause death or serious bodily inNew Jersey Lemon law case jury if New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is driven has been subject to examination or repair at least once by Mazda or its Mazda car dealer and the defect continues to exist; and

• Mazda receives written notification, by or on behalf of the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee, by certified mail return receipt requested, of a potential New Jersey New Jersey Mazda Lemon Law claim and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. This notification must take place:

o any time after New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV has had substantially the same defect subject to repair two or more times, or has been out of service by reason of repair for a cumulative total of 20 or more calendar days;
o in the case of a motorhome, 45 or more calendar days; or

o for a defect which is likely to cause death or serious bodily inNew Jersey Lemon law case jury if New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is driven, the defect has been subject to examination or repair at least once by Mazda or its Mazda car dealer, and the defect continues to exist.

The two-year term and the 20-day period or 45-day period for motorhomes for the New Jersey Lemon Law presumption is extended by any period of time during which repair services are not available to the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee because of a war, invasion or strike, or a fire, flood, or other natural disaster.

In the case of a motorhome where two or more manufacturers contributed to the construction of the motorhome, it shall not be considered as any examination or repair attempt if the repair facility at which the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee presented New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is not authorized by Mazda to provide service on that vehicle.

It shall be considered as one examination or repair attempt for a motorhome if the same defect is addressed more than once due to the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee's decision to continue traveling and to seek the repair of that same defect at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

Days out of service for reason of repair for a motorhome shall be a cumulative total of 45 or more calendar days.

Your attorney can prepare and forward Mazda the written notice required for the presumption to apply under the New Jersey Lemon Law. If the notice is completed improperly, the mistake could affect your chance to claim the presumption. However, meeting the presumption is not a requirement under the New Jersey Lemon Law. This means your New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV does not necessarily have to be out of service for 20 or more days or undergo a certain number of repairs to qualify as a Lemon. Further, even compliance with the presumption’s written notice requirement does not assure that you shall win your New Jersey Mazda Lemon lawsuit.

WHEN IS THE NEW JERSEY LEMON LAW EXCLUDED?
• The defect is the result of the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee’s failing to maintain, abusing, neglecting, or performing unauthorized modifications or alterations to New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV.
• The defect does not substantially impair New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s use, value or safety.
• New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is not a passenger vehicle, such as a bus or motorized bicycle.
• New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s defects involve a motor home’s living quarters.
• New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV was not purchased or leased new in New Jersey or is not registered in New Jersey.

WHAT MUST I DO UNDER THE NEW JERSEY LEMON LAW?
During the first 24,000 miles of operation or 2 years following delivery, whichever happens first, the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee must:

• Notify Mazda or Mazda car dealership of New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s defects.

• If Mazda or Mazda car dealership offers to make repairs to New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV, make arrangements to get New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV fixed by Mazda or its authorized dealer.

• If Mazda or Mazda car dealerships are willing to make repair attempts to New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV, give Mazda or Mazda car dealership a reasonable number of days or reasonable number of repair attempts to fix New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV.

• Properly maintain, store, use and care for New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV and avoid making unauthorized alterations or modifications to New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV that would void New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s warranty. It is best if you keep copies of all receipts for repairs or maintenance performed to New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV.

If you sue Mazda for relief under the New Jersey Lemon Law, within 10 days after filing the initial pleading with the court containing the New Jersey New Jersey Mazda Lemon Law claim, counterclaim or defense, mail a copy of the initial or responsive pleading to the New Jersey Attorney General.

WHAT MUST MAZDA DO UNDER THE NEW JERSEY LEMON LAW?
• At the time of purchase in the State of New Jersey, Mazda through its Mazda car dealer, or at the time of lease in the State of New Jersey, the lessor, must provide directly to the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee:
o a written statement;
o that complies with the Division of New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee Affairs regulations relating to the Lemon Law;
o presented in a conspicuous and understandable manner;
o on a separate piece of paper;
o printed in both the English and Spanish languages;
o providing information concerning a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee's rights and remedies under the Lemon Law, including but not be limited to, a summary concerning:
 the miles of operation of a motor vehicle and time period within which the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee may report a nonconformity and seek remedies;
 Mazda's obligations to a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee based upon Mazda's or its Mazda car dealer's inability to repair or correct a nonconformity; and
 any other New Jersey Lemon Law provisions that the director deems appropriate.

• During the first 24,000 miles of operation or 2 years following delivery, whichever happens first, Mazda make arrangements to fix New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s defects or to have Mazda car dealership fix it.

• If covered by Mazda’s warranty, pay for repairs made to correct New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s defects during New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s first 12,000 miles of operation or first year following the date of New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s original delivery to the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee.

• After each examination or repair attempt performed under the New Jersey Lemon Law, Mazda or Mazda car dealership must give the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee a repair invoice reflecting the repairs made or attempted on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV. The invoice must include the following information:
o any diagnosis made;
o all work performed on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV;
o a general description of the problem reported by the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee or an identification of the problem reported by the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee or an identification of the defect or condition;
o the amount charged for parts and the amount charged for labor, if paid for by the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee;
o the date and the odometer reading when New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV was submitted for repair; and
o the date and odometer reading when New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV was made available to the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee.

• If unable to fix New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV in a reasonable period of time, Mazda must accept the return of New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV from the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee and provide the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee with a full refund, less a deduction for New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s mileage when the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee first reported New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s defects to Mazda or its authorized dealer. Instead of offering a refund, Mazda may offer the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee a replacement vehicle. However, the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee does not have to accept a replacement vehicle instead of a refund.

• If New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is returned to Mazda under the New Jersey Lemon Law or under a similar law or as a result of a legal action or an informal dispute settlement procedure and if New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV is resold or released in New Jersey:

o Mazda must provide (through the selling dealer or lessor) a written statement on a separate piece of paper in 10 point bold face type stating: “IMPORTANT: THIS VEHICLE WAS RETURNED TO MAZDA BECAUSE IT DID NOT CONFORM TO MAZDA'S WARRANTY AND THE NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW;” and
o The dealer or lessor obtains from the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee a signed receipt in a form approved by the New Jersey Division of New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee Affairs certifying, in a conspicuous and understandable manner, that the written statement required under the New Jersey Lemon Law has been provided. The dealer or lessor may fulfill his obligation to obtain a signed receipt under this paragraph by making such a notation, in a conspicuous and understandable manner, on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV buyer order form accompanying the sale or lease of that vehicle; and
o The dealer or lessor, in accordance with the New Jersey Motor Vehicle Code, , notifies the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the sale or transfer of ownership of the motor vehicle.

• Mazda must certify to the New Jersey Division of New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee Affairs, within 1 year of discovery, any inherent design defect common to all vehicles of a particular make or model.

• Mazda must provide the New Jersey Division of New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee Affairs information on Mazda’s private arbitration or private buyback programs.

WHAT IS A “SUBSTANTIAL IMPAIRMENT” UNDER NEW JERSEY LEMON LAW?
In Mazda New Jersey Mazda Lemon Law lawsuits, the threshold test for whether a New Jersey Mazda buyer can reject a car and seek money damages is whether the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease or product’s defect substantially impairs the value of the goods to the New Jersey Mazda buyer. Under New Jersey Lemon Law, whether a defect or nonconformity substantially impairs the use or value of the subject vehicle is not measured by a purely objective standard. Instead, when making such a determination, the factfinder must consider the viewpoint of the New Jersey Mazda buyer and the New Jersey Mazda buyer’s circumstances and decide whether a reasonable person in the New Jersey Mazda buyer’s position would have believed that the defects or nonconformities substantially impaired the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s use or value. Accordingly, the substantial impairment test is a combination of a subjective and objective test rather than merely an objective one. The mixed subjective/objective test allows the factfinder to consider a New Jersey Mazda buyer’s reasonably shaken confidence in the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease as a factor in determining substantial impairment. The standard is subjective or personal in the sense that the facts must be examined in the viewpoint of the New Jersey Mazda buyer and her circumstances but the standard is objective in the sense that the criteria is what a reasonable person in the New Jersey Mazda buyer’s position would have believed. For example, under the New Jersey Lemon Law Law, the factfinder puts themselves in the New Jersey Mazda buyer’s shoes and tries to determine if the New Jersey Mazda buyer’s belief that that the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s defects seriously affect the New Jersey Mazda buyer’s ability to use the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease, seriously affect the safe operation of the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease or seriously impair its value, such as by reducing its resale value. Under The New Jersey Lemon Law, a New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s value is substantially impaired if its defects affect its value in some serious way, such as by reducing its resale value. Under the New Jersey Lemon Law Law, trivial defects do not substantially impair a New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s use, value or safety.

WHAT IS “SHAKEN CONFIDENCE” UNDER NEW JERSEY LEMON LAW?
When deciding whether a New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s use, value or safety is substantially impaired by its defects, an important factor is whether the defect “shakes the New Jersey Mazda buyer’s confidence” in the goods. For example, a New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease’s use, safety or value is substantially impaired where its nonconformity causes a loss of the New Jersey Mazda buyer’s confidence in the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease. For example, the purchase of a New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease is a major investment rationalized by the peace of mind that flows from its dependability and safety. Once the New Jersey Mazda purchaser or New Jersey Mazda lessee’s faith has been shaken, the New Jersey Mazda car, New Jersey Mazda truck, New Jersey Mazda SUV or New Jersey Mazda lease loses not only its real value in their eyes, but it becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension.

WHAT ARE DEFENSES TO NEW JERSEY MAZDA LEMON LAW LAWSUITS?
Mazda in a New Jersey Lemon Law case may raise as a defense to the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff’s claim that the alleged the New Jersey Lemon Law nonconformity does not substantially impair the use, value or safety of New Jersey Lemon Mazda and/or that the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of New Jersey Lemon Mazda by someone other than Mazda or its dealer. If the New Jersey Court finds Mazda has proven, by a preponderance of the evidence, that the alleged the New Jersey Lemon Law nonconformity does not substantially impair the use, value or safety of New Jersey Lemon Mazda and/or that the New Jersey Lemon Law nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of New Jersey Lemon Mazda by someone other than Mazda or its dealer, then the New Jersey court should find that there is no the New Jersey Lemon Law nonconformity within the meaning of the New Jersey Lemon Law.

WHAT IS THE NEW JERSEY LEMON LAW PRESUMPTION?
To win a New Jersey Mazda Lemon Law claim, you do not have to write any letters!!!! However, if you or your New Jersey Lemon Lawyer does write the correct type of letter and follows up, it is presumed that Mazda or its dealer is unable to repair or correct a the New Jersey Lemon Law nonconformity within a reasonable time if, within the first 24,000 miles of operation, or during the period of 2 years following the date of original delivery of the New Jersey Lemon Mazda to Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee, whichever is the earlier date:
• substantially the same the New Jersey Lemon Law nonconformity has been subject to repair three or more times by Mazda, or its dealer, and the New Jersey Lemon Law nonconformity continued to exist; or
• the New Jersey Lemon Mazda was out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days since the original delivery of the New Jersey Lemon Mazda and the New Jersey Lemon Law nonconformity continues to exist.

The New Jersey Lemon presumption, however, shall only apply against Mazda, if Mazda has received written notification, by or on behalf of the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff, by certified mail, return receipt requested, of a potential claim pursuant to this law and has had one opportunity to repair or correct the New Jersey Mazda Lemon car defect or condition within 10 calendar days following receipt of the notification. The notification by the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff shall take place any time after the New Jersey Lemon Mazda has had substantially the same the New Jersey Lemon Law nonconformity subject to repair two or more times or has been out of service by reason of repair for a cumulative total of 20 or more calendar days.

WHAT DAMAGES CAN I RECOVER IF I PROVE THAT MY CAR IS A NEW JERSEY LEMON UNDER THE NEW JERSEY LEMON LAW?
If Mazda is unable to correct the New Jersey Lemon Law nonconformity within a reasonable time, Mazda shall accept return of New Jersey Lemon Mazda from the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff. Mazda shall also provide the New Jersey Mazda buyer plaintiff or New Jersey Mazda car lessee plaintiff with a full refund of the purchase/lease price and any other charges, fees and costs, less a reasonable allowance for the use of the New Jersey Lemon Mazda, which shall be calculated by the court.

HOW DO I GET A NEW JERSEY LEMON REFUND UNDER THE NEW JERSEY LEMON LAW?
There is no “magical” New Jersey Lemon Law fairy that gives out refunds or replacement vehicles to all deserving New Jersey Mazda Lemon buyers or New Jersey Mazda Lemon lessees. The New Jersey Lemon Law does not enforce itself. If Mazda or its authorized dealer is unable or unwilling to fix the New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV within a reasonable period of time, the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee can file New Jersey Mazda Lemon lawsuit against Mazda in the Superior Court of New Jersey. If the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee wins the lawsuit, the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee can recover money damages and reasonable attorney's fees, expert witness fees, certain repair and vehicle rental costs and certain court costs, including the fees for filing the lawsuit. There is also an administrative legal process that the New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee can use instead of filing the lawsuit. However, there may be dangers to using the administrative legal process, since by using it instead of New Jersey Mazda Lemon lawsuit, a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee may not be able to get all the relief that may be due them under all the laws applicable to defective Mazda cars, defective Mazda trucks and defective Mazda SUVs.

SHOULD I TRY TO HANDLE MY CASE WITHOUT A LAWYER?
Since legal proceedings can be very complex, since all or most manufacturers use attorneys to defend New Jersey Mazda Lemon Law lawsuits and since the New Jersey Lemon Law permits successful claimants to recover reasonable attorney’s fees and court costs from Mazda, there is little benefit to a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee trying to handle a Lemon Law case without being represented by a New Jersey Lemon attorney. Indeed, it is often quite easy for manufacturers’ attorneys to defeat New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessees who try to handle New Jersey Mazda Lemon Law lawsuits without a New Jersey Lemon attorney. Also, if you try to represent yourself, you may fail to take an important step (miss a deadline, fail to complete crucial paperwork, etc.) and jeopardize your case.

SHOULD I WAIT TO SEE IF NEW JERSEY MAZDA LEMON CAR, NEW JERSEY MAZDA LEMON TRUCK OR NEW JERSEY MAZDA LEMON SUV IS FIXED?
If your New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV has been at Mazda’s dealership at least 20 or more cumulative days for repairs for the same problem or has been subject to repair 3 times for the same problem, you should not wait any longer to ask a New Jersey Lemon attorney to evaluate your New Jersey Mazda Lemon Law case. Legal proceedings may take time to be concluded and thus, the longer you wait to find out you have a New Jersey Lemon Law case (or if you have a valid case, to stat the process), the longer you shall likely have to wait to conclude your case. Delay could hurt your New Jersey Lemon Law case.

IF I FINANCED MY NEW JERSEY MAZDA LEMON CAR, NEW JERSEY MAZDA LEMON TRUCK OR NEW JERSEY MAZDA LEMON SUV’S PURCHASE, CAN I STOP MAKING PAYMENTS?
It is generally very, very risky for a New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee to decide to stop making payments on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV simply because it doesn’t work well or even if it doesn’t work at all. Failing to make payments on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV could result in: (1) the credit of everyone on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s loan being damaged; (2) New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV being repossessed; (3) everyone on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s loan being sued; (4) ultimately, in a money judgment being entered against you, which may even exceed New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV original price. Failing to make payments on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV’s loan could make a bad situation much, much worse. When you are considering whether to pursue a New Jersey New Jersey Mazda Lemon Law claim, always consult with a New Jersey Lemon attorney before deciding to stop making payments on New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV loan.

WHAT WILL HAPPEN IF I DO NOTHING ABOUT MY NEW JERSEY MAZDA LEMON CAR, NEW JERSEY MAZDA LEMON TRUCK OR NEW JERSEY MAZDA LEMON SUV?
If you have a valid New Jersey New Jersey Mazda Lemon Law claim and you do nothing to enforce your rights, you shall be stuck with your defective Mazda and the seller, manufacturer or warranty provider shall get the best of you. There are strict time limits for perfecting and filing New Jersey Mazda Lemon Law lawsuits. Since the New Jersey Lemon Law is such a powerful weapon against manufacturers of New Jersey Lemon cars, New Jersey Lemon trucks and New Jersey Lemon SUV’s, it is always best to seriously consider making a claim under the New Jersey Lemon Law before it is too late to do so. It can be very dangerous to read websites and conclude that a particular New Jersey Mazda Lemon claim does or does not equal a valid New Jersey New Jersey Mazda Lemon Law claim. Do not try to interpret the law by reading a website!

WHAT IF THE NEW JERSEY CAR DEALER OR MAZDA SAYS I DON’T HAVE A NEW JERSEY LEMON LAW CASE?
Ignore them and seek competent legal advice from a New Jersey Lemon attorney. Only attorneys licensed in New Jersey to practice law are permitted to give legal advice and only they are able to evaluate if you have a valid claim. Until you speak with a New Jersey Lemon attorney who is knowledgeable about this area of the law, do not draw any conclusions, regardless of what you heard from non-attorneys or read on the web.

WHAT IF I THINK MY FACTS DO NOT FIT THE LEMON LAW?
You should always speak with a New Jersey Lemon attorney before coming to any conclusions about your claim. Do not try to interpret the law by reading a website! However, even if the facts of your case do not fit the requirements of the Lemon Law, you may be entitled to sue Mazda or its selling dealer for a breach of your warranties under other state and federal laws.

SHOULD I FILE A NEW JERSEY MAZDA LEMON CLAIM WITH THE NEW JERSEY LEMON LAW UNIT?
The New Jersey Division of New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessee Affairs established a New Jersey Lemon Law Unit for the handling of New Jersey New Jersey Mazda Lemon Law claims. You are not required to file a New Jersey Mazda Lemon claim with the New Jersey Lemon Law Unit. If you file a New Jersey Mazda Lemon claim with the New Jersey Lemon Law Unit, you do not receive a trial by New Jersey Lemon law case jury. However, if you or your attorney file a civil complaint in the Superior Court of New Jersey and properly demand a New Jersey Lemon law case jury and your New Jersey Mazda Lemon lawsuit is not dismissed before the New Jersey Lemon law case jury decides the New Jersey Mazda Lemon claim, a New Jersey Lemon law case jury of your peers decides whether you win or lose your New Jersey Mazda Lemon lawsuit. Under New Jersey Law, if citizens have a valid New Jersey Mazda Lemon lawsuit , they have a right to have their New Jersey Lemon lawsuit decided by a New Jersey Lemon law case jury. A New Jersey Lemon Law Unit claim is decided by a single administrative law judge instead of by a New Jersey Lemon law case jury of your peers. Who would you rather have decide your New Jersey Mazda Lemon lawsuit? A New Jersey judge without a New Jersey Lemon law case jury or a New Jersey judge with a New Jersey Lemon law case jury of your peers? Another disadvantage to the New Jersey Lemon Law Unit is that, while you may have more than one claim against Mazda (and thus multiple ways of recovering damages), you may bring only one type of claim against Mazda in the New Jersey Lemon Law Unit proceeding. Usually, the New Jersey Mazda car buyers, New Jersey Mazda truck buyers, New Jersey Mazda SUV buyers and New Jersey Mazda vehicle lessees who qualify for relief under the New Jersey Lemon Law also qualify for help under other laws. But the New Jersey Lemon Law Unit does not permit the New Jersey Mazda car buyers, New Jersey Mazda truck buyers, New Jersey Mazda SUV buyers and New Jersey Mazda vehicle lessees to seek relief under laws other than the New Jersey Lemon Law, which often results in their weakening their changes to recover money damages for their defective New Jersey Mazda Lemon car, New Jersey Mazda Lemon truck or New Jersey Mazda Lemon SUV. If you attempt to handle a New Jersey Mazda Lemon claim by yourself through the New Jersey Lemon Law Unit, you may lose your New Jersey Mazda Lemon claim by failing to follow the required procedures or by failing to present sufficient proofs at any hearing or by failing to pursue rights under laws other than the New Jersey Lemon Law. Usually manufacturers are represented by attorneys who are more familiar than you with such claims and quite often, New Jersey Mazda Lemon buyer or New Jersey Mazda Lemon lessees who represent themselves before the New Jersey Lemon Law Unit fail to prove their New Jersey Mazda Lemon claim.

DO I HAVE TO START A NEW JERSEY NEW JERSEY MAZDA LEMON LAW CLAIM WITH ARBITRATION OR MEDIATION BEFORE FILING NEW JERSEY MAZDA LEMON LAWSUIT?
Regardless of what Mazda’s warranty says, usually, the New Jersey Mazda car buyers, New Jersey Mazda truck buyers, New Jersey Mazda SUV buyers and New Jersey Mazda vehicle lessees do not have to proceed to arbitration or mediation before filing New Jersey Mazda Lemon lawsuit against Mazda under the New Jersey Lemon Law. Under the New Jersey Lemon Law, if Mazda has its own dispute settlement or arbitration program, the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee does not have to participate in it before filing New Jersey Mazda Lemon lawsuit against Mazda. Even if the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee decides to participate in such a program, if dissatisfied with the result, the New Jersey Mazda car buyer, New Jersey Mazda truck buyer, New Jersey Mazda SUV buyer or New Jersey Mazda lessee may be able to file New Jersey Mazda Lemon lawsuit against Mazda. However, by deciding to proceed with a New Jersey Mazda Lemon arbitration process before filing New Jersey Mazda Lemon lawsuit, many the New Jersey Mazda car buyers, New Jersey Mazda truck buyers, New Jersey Mazda SUV buyers and New Jersey Mazda vehicle lessees waste much time and effort that could be better spent proceeding with New Jersey Mazda Lemon lawsuit. Often, Lemon Law dispute resolution programs increase rather than decrease the time it takes to resolve a case. There are some exceptions, such as if you signed a New Jersey Mazda Lemon arbitration agreement. However before considering whether to begin New Jersey Mazda Lemon lawsuit or whether to begin any mediation or arbitration, you should speak to a New Jersey Lemon attorney to have them review your New Jersey Mazda Lemon claim and to determine exactly how you should proceed.

NEW JERSEY MAZDA OWNERS AND MAZDA VEHICLE LESSEES CALL NOW FOR A NO OBLIBATION PHONE CONSULTATION!
If you live in New Jersey and you bought a Mazda car, Mazda truck or Mazda SUV in New Jersey, contact Paul DePetris today for a no obligation consultation about what he can do for you. Call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY MAZDA LEMON LAW LAWSUITS?
Yes. Paul DePetris has performed the following tasks:
• represented New Jersey Mazda buyers and other automobile purchasers and owners, new and used car dealers, banks and automotive lenders, boat purchasers and owners, watercraft purchasers and owners, marinas, junk yard dealers, home buyers, home sellers, home repair customers, home repair contractors, home inspectors, real estate brokers, real estate agents in New Jersey disputes.
• appeared in New Jersey court in cases involving New Jersey Lemon Law disputes.
• won New Jersey Lemon Law lawsuits.
• settled New Jersey Lemon Law claims and cases, recovering hundreds of thousands of dollars in money and replacement vehicles for many clients.
• worked on New Jersey Lemon Law claims and cases involving many types of automobiles, such as those manufactured by General Motors, Chrysler, Ford, Fleetwood, Winnebago, Honda, Mazda, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen.

THE NEW JERSEY LEMON LAW STATUTE

(NEW JERSEY LEMON LAW FOR NEW JERSEY NEW CARS, NEW JERSEY NEW TRUCKS AND NEW JERSEY NEW SUV’S)
The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a New Jersey court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable New Jersey rules and New Jersey laws and New Jersey regulations before preparing, filing or serving any papers!!!

56:12-29. Legislative findings
The Legislature finds that the purchase of a new motor vehicle is a major, high cost consumer transaction and the inability to correct defects in these vehicles creates a major hardship and an unacceptable economic burden on the consumer. It is the intent of this act to require the manufacturer of a new motor vehicle to correct defects originally covered under the manufacturer's warranty which are identified and reported within a specified period. It is the further intent of this act to provide procedures to expeditiously resolve disputes between a consumer and a manufacturer when defects in a new motor vehicle are not corrected within a reasonable time, and to provide to award specific remedies where the uncorrected defect substantially impairs the use, value, or safety of the new motor vehicle.

56:12-30. Definitions
As used in this act:

“Consumer” means a buyer or lessee, other than for purposes of resale or sublease, of a motor vehicle; a person to whom a motor vehicle is transferred during the duration of a warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

“Dealer” means a person who is actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who has an established place of business.

“Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or his designee.

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Lease agreement” means a contract or other written agreement in the form of a lease for the use of a motor vehicle by a person for a period of time exceeding 60 days, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

“Lessee” means a person who leases a motor vehicle pursuant to a lease agreement .

“Lessor” means a person who holds title to a motor vehicle leased to a lessee under a lease agreement or who holds the lessor's rights under such an agreement.

“Lien” means a security interest in a motor vehicle.

“Lienholder” means a person with a security interest in a motor vehicle pursuant to a lien.

“Manufacturer” means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles.

“Manufacturer's informal dispute settlement procedure” means a New Jersey Mazda Lemon arbitration process or procedure by which the manufacturer attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period.

“Manufacturer's warranty” or “warranty” means any warranty, whether express or implied of the manufacturer, of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.

“Motor vehicle” means a passenger automobile or motorcycle as defined in R.S.39:1-1 which is purchased or leased in the State of New Jersey or which is registered by the Division of Motor Vehicles in the Department of Law and Public Safety, except the living facilities of motor homes.

“Nonconformity” means a defect or condition which substantially impairs the use, value or safety of a motor vehicle.

“Reasonable allowance for vehicle use” means the mileage at the time the consumer first presents the motor vehicle to the dealer or manufacturer for correction of a nonconformity times the purchase price, or the lease price if applicable, of the vehicle, divided by one hundred thousand miles.

56:12-31. Report of nonconformity of motor vehicle; repairs; recovery of costs
If a consumer reports a nonconformity in a motor vehicle to the manufacturer or its dealer during the first 24,000 miles of operation or during the period of two years following the date of original delivery to the consumer, whichever is earlier, the manufacturer shall make, or arrange with its dealer to make, within a reasonable time, all repairs necessary to correct the nonconformity. Such repairs if made after the first 12,000 miles of operation or after the period of one year following the date of original delivery to the consumer, whichever is earlier, shall be paid for by the consumer, unless otherwise covered by a manufacturer's warranty, and shall be recoverable as a cost under section 14 of this act.

56:12-32. Inability of manufacturer or dealer to repair or correct nonconformity within reasonable time; refund to or replacement for owner or lessee
a. If, during the period specified in section 3 of this act, the manufacturer or its dealer is unable to repair or correct a nonconformity within a reasonable time, the manufacturer shall accept return of the motor vehicle from the consumer. The manufacturer shall provide the consumer with a full refund of the purchase price of the original motor vehicle including any stated credit or allowance for the consumer's used motor vehicle, the cost of any options or other modifications arranged, installed, or made by the manufacturer or its dealer within 30 days after the date of original delivery, and any other charges or fees including, but not limited to, sales tax, license and registration fees, finance charges, reimbursement for towing and reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent to the consumer's motor vehicle and limited to the period during which the consumer's motor vehicle was out of service due to a nonconformity, less a reasonable allowance for vehicle use. Nothing herein shall be construed to preclude a manufacturer from making an offer to replace the vehicle in lieu of a refund; except that the consumer may, in any case, reject a manufacturer's offer of replacement and demand a refund. Refunds shall be made to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Director of the Division of Motor Vehicles. In the event that the consumer accepts an offer to replace the motor vehicle in lieu of a refund, it shall be the manufacturer's responsibility to insure that any lien on the returned motor vehicle is transferred to the replacement vehicle.

b. A consumer who leases a new motor vehicle shall have the same remedies against a manufacturer under this section as a consumer who purchases a new motor vehicle. If it is determined that the lessee is entitled to a refund pursuant to subsection a. of this section, the consumer shall return the leased vehicle to the lessor or manufacturer and the consumer's lease agreement with the motor vehicle lessor shall be terminated and no penalty for early termination shall be assessed. The manufacturer shall provide the consumer with a full refund of the amount actually paid by the consumer under the lease agreement, including any additional charges as set forth in subsection a. of this section if actually paid by the consumer, less a reasonable allowance for vehicle use. The manufacturer shall provide the motor vehicle lessor with a full refund of the vehicle's original purchase price plus any unrecovered interest expense, less the amount actually paid by the consumer under the agreement. Refunds shall be made to the lessor and lienholder, if any, as their interests appear on the records of ownership maintained by the Director of the Division of Motor Vehicles.

56:12-33. Presumption of inability to repair or correct nonconformity; conditions for application against manufacturer
a. It is presumed that a manufacturer or its dealer is unable to repair or correct a nonconformity within a reasonable time if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to the consumer, whichever is the earlier date:

(1) Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its dealer, other than a nonconformity subject to examination or repair pursuant to paragraph (3) of this subsection because it is likely to cause death or serious bodily inNew Jersey Lemon law case jury if the vehicle is driven, and the nonconformity continues to exist;

(2) The motor vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days, or in the case of a motorhome, 45 or more calendar days, since the original delivery of the motor vehicle and a nonconformity continues to exist; or

(3) A nonconformity which is likely to cause death or serious bodily inNew Jersey Lemon law case jury if the vehicle is driven has been subject to examination or repair at least once by the manufacturer or its dealer, and the nonconformity continues to exist.

b. The presumption contained in subsection a. of this section shall apply against a manufacturer only if the manufacturer has received written notification, by or on behalf of the consumer, by certified mail return receipt requested, of a potential claim pursuant to the provisions of this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. Notification by the consumer shall take place any time after the motor vehicle has had substantially the same nonconformity subject to repair two or more times, or has been out of service by reason of repair for a cumulative total of 20 or more calendar days, or in the case of a motorhome, 45 or more calendar days, or with respect to a nonconformity which is likely to cause death or serious bodily inNew Jersey Lemon law case jury if the vehicle is driven, the nonconformity has been subject to examination or repair at least once by the manufacturer or its dealer, and the nonconformity continues to exist.

c. The two-year term and the 20-day period, or 45-day period for motorhomes, specified in this section shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood, or other natural disaster.

d. (1) In the case of a motorhome where two or more manufacturers contributed to the construction of the motorhome, it shall not be considered as any examination or repair attempt if the repair facility at which the consumer presented the vehicle is not authorized by the manufacturer to provide service on that vehicle.

(2) It shall be considered as one examination or repair attempt for a motorhome if the same nonconformity is addressed more than once due to the consumer's decision to continue traveling and to seek the repair of that same nonconformity at another authorized repair facility, rather than wait for the repair to be completed at the initial authorized repair facility.

(3) Days out of service for reason of repair for a motorhome shall be a cumulative total of 45 or more calendar days.

56:12-34. Statement to purchaser or lessee of rights to refund; provision to customer of itemized, legible statement of repair during period vehicle subject to refund; violation as unlawful practice
a. At the time of purchase in the State of New Jersey, the manufacturer through its dealer, or at the time of lease in the State of New Jersey, the lessor, shall provide directly to the consumer a written statement prescribed by the director, presented in a conspicuous and understandable manner on a separate piece of paper and printed in both the English and Spanish languages, which provides information concerning a consumer's rights and remedies under P.L.1988, c. 123 (C.56:12-29 et seq.), and shall include, but not be limited to, a summary of the provisions of:

(1) section 3 of P.L.1988, c. 123 (C.56:12-31), concerning the miles of operation of a motor vehicle and time period within which the consumer may report a nonconformity and seek remedies;

(2) sections 4 and 5 of P.L.1988, c. 123 (C.56:12-32 and 56:12-33), concerning a manufacturer's obligations to a consumer based upon the manufacturer's or its dealer's inability to repair or correct a nonconformity; and

(3) any other provisions of P.L.1988, c. 123 (C.56:12-29 et seq.) the director deems appropriate.

b. Each time a consumer's motor vehicle is returned from being examined or repaired during the period specified in section 3 of P.L.1988, c. 123 (C.56:12-31), the manufacturer through its dealer shall provide to the consumer an itemized, legible statement of repair which indicates any diagnosis made and all work performed on the vehicle and provides information including, but not limited to, the following: a general description of the problem reported by the consumer or an identification of the problem reported by the consumer or an identification of the defect or condition; the amount charged for parts and the amount charged for labor, if paid for by the consumer; the date and the odometer reading when the vehicle was submitted for repair; and the date and odometer reading when the vehicle was made available to the consumer.

c. Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c. 39 (C.56:8-2).

56:12-35. Resale or release of motor vehicle returned to manufacturer; written statement to consumer; signed receipt from consumer; notification of sale to director; violation as unlawful practice
a. If a motor vehicle is returned to the manufacturer under the provisions of this act or a similar statute of another state or as the result of a legal action or an informal dispute settlement procedure, it shall not be resold or re-leased in New Jersey unless:

(1) The manufacturer provides to the dealer or lessor and the dealer or lessor provides to the consumer the following written statement on a separate piece of paper, in 10-point bold-face type: “IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S WARRANTY AND THE NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW;”

(2) The dealer or lessor obtains from the consumer a signed receipt certifying, in a conspicuous and understandable manner, that the written statement required under this subsection has been provided. The director shall prescribe the form of the receipt. The dealer or lessor may fulfill his obligation to obtain a signed receipt under this paragraph by making such a notation, in a conspicuous and understandable manner, on the vehicle buyer order form accompanying the sale or lease of that vehicle; and

(3) The dealer or lessor, in accordance with the provisions of section 1 of P.L.1993, c. 21 (C. 39:10-9.3), notifies the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the sale or transfer of ownership of the motor vehicle.

b. Nothing in this section shall be construed as imposing an obligation on a dealer or lessor to determine whether a manufacturer is in compliance with the terms of this section nor shall it be construed as imposing liability on a dealer or lessor for the failure of a manufacturer to comply with the terms of this section.

c. Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c. 39 (C. 56:8-2).

56:12-36. Informal dispute settlement procedure
a. If a manufacturer has established, or participates in, an informal dispute settlement procedure pursuant to section 110 of Pub.L. 93-637 (15 U.S.C. § 2310) and the rules promulgated thereunder, or the requirements of this section, a consumer may submit a dispute regarding motor vehicle nonconformities to the dispute settlement body provided by that procedure but a consumer shall not be required to first participate in the informal dispute settlement procedure before participating in the division's summary hearing procedure under this act.

b. If a consumer chooses to use a manufacturer's informal dispute settlement procedure established pursuant to this section, the findings and decisions of the dispute settlement body shall state in writing whether the consumer is entitled to a refund under the presumptions and criteria set out in this act and the findings and decisions shall be admissible against the consumer and the manufacturer in any legal action.

c. If the dispute settlement body determines that a consumer is entitled to relief under this act, the consumer shall be entitled to a refund as authorized by section 4 of this act.

d. In any informal dispute settlement procedure established pursuant to this section:

(1) Participating arbitrators shall be trained in arbitration and familiar with the provisions of this act.

(2) Documents shall not be submitted to any dispute settlement body unless the documents have been provided to each of the parties in the dispute at least seven days prior to commencement of the dispute settlement hearing. The parties shall be given the opportunity to comment on the documents in writing or with oral presentation.

(3) No party shall participate in the informal dispute settlement procedure unless all other parties are also present and given an opportunity to be heard, or unless the other parties consent to proceeding without their presence and participation.

(4) A consumer shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the vehicle by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the manufacturer's informal dispute settlement procedure. If the dispute settlement body rules in favor of the consumer, his costs and reasonable attorney's fees shall also be awarded.

(5) A dispute shall not be heard if there has been a recent attempt by the manufacturer to repair a consumer's vehicle, but no response has yet been received by the dispute settlement body from the consumer as to whether the repairs were successfully completed. This provision shall not prejudice a consumer's right under this section.

(6) The manufacturer shall provide, and the dispute settlement body shall consider, any relevant technical service bulletins which have been issued by the manufacturer regarding motor vehicles of the same make and model as the vehicle that is the subject of the dispute.

e. Any manufacturer who establishes, or participates in, an informal dispute settlement procedure, whether it meets the requirements of this section or not, shall maintain, and forward to the director at six month intervals, the following records:

(1) The number of purchase price and lease price refunds requested, the number awarded by the dispute settlement body, the amount of each award and the number of awards satisfied in a timely manner;

(2) The number of awards in which additional repairs or a warranty extension was the most prominent remedy, the amount or value of each award, and the number of awards satisfied in a timely manner;

(3) The number and total dollar amount of awards in which some form of reimbursement for expenses or compensation for losses was the most prominent remedy, the amount or value of each award and the number of awards satisfied in a timely manner; and

(4) The average number of days from the date of a consumer's initial request to use the manufacturer's informal dispute settlement procedure until the date of the decision and the average number of days from the date of the decision to the date on which performance of the award was satisfied.

56:12-37. Summary hearing procedure; appeal; report on implementation and effectiveness of act
a. A consumer shall have the option of submitting any dispute arising under section 4 of this act to the division for resolution. The director may establish a filing fee, to be paid by the consumer, fixed at a level not to exceed the cost for the proper administration and enforcement of this act. This fee shall be recoverable as a cost under section 14 of this act. Upon application by the consumer and payment of any filing fee, the manufacturer shall submit to the State hearing procedure. The filing of the notice in subsection b. of section 5 of P.L.1988, c. 123 (C. 56:12-33) shall be a prerequisite to the filing of an application under this section.

b. The director shall review a consumer's application for dispute resolution and accept eligible disputes for referral to the Office of Administrative Law for a summary hearing to be conducted in accordance with special rules adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C. 52:14B-1 et seq.), by the Office of Administrative Law in consultation with the director. Immediately upon acceptance of a consumer's application for dispute resolution, the director shall contact the parties and arrange for a hearing date with the Clerk of the Office of Administrative Law. The hearing date shall, to the greatest extent possible, be convenient to all parties, but shall be no later than 20 days from the date the consumer's application is accepted, unless a later date is agreed upon by the consumer. The Office of Administrative Law shall render a decision, in writing, to the director within 20 days of the conclusion of the summary hearing. The decision shall provide a brief summary of the findings of fact, appropriate remedies pursuant to this act, and a specific date for completion of all awarded remedies. The director, upon a review of the proposed decision submitted by the administrative law judge, shall adopt, reject, or modify the decision no later than 15 days after receipt of the decision. Unless the director modifies or rejects the decision within the 15-day period, the decision of the administrative law judge shall be deemed adopted as the final decision of the director. If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufacturer shall be liable for penalties in the amount of $5,000.00 for each day the manufacturer unreasonably fails to comply, commencing on the day after the specified date for completion of all awarded remedies.

c. The Office of Administrative Law is authorized to issue subpoenas to compel the attendance of witnesses and the production of documents, papers and records relevant to the dispute.

d. A manufacturer or consumer may appeal a final decision to the Appellate Division of the Superior Court. An appeal by a manufacturer shall not be heard unless the petition for the appeal is accompanied by a bond in a principal sum equal to the money award made by the administrative law judge plus $2,500.00 for anticipated attorney's fees and other costs, secured by cash or its equivalent, payable to the consumer. The liability of the surety of any bond filed pursuant to this section shall be limited to the indemnification of the consumer in the action. The bond shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of the bond be relevant in determining the amount of recovery to which the consumer shall be entitled. If a final decision resulting in a refund to the consumer is upheld by the court, recovery by the consumer shall include reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent to the consumer's motor vehicle and limited to the period of time after which the consumer's motor vehicle was offered to the manufacturer for return under this act, except in those cases in which the manufacturer made a comparable vehicle available to the consumer free of charge during that period. If the court finds that the manufacturer had no reasonable basis for its appeal or that the appeal was frivolous, the court shall award treble damages to the consumer. Failure of the Office of Administrative Law to render a written decision within 20 days of the conclusion of the summary hearing as required by subsection b. of this section shall not be a basis for appeal.

e. The Attorney General shall monitor the implementation and effectiveness of this act and report to the Legislature after three years of operation, at which time a recommendation shall be made either to continue under the procedures set forth in this act or to make such modifications as may be necessary to effectuate the purposes of this act.

56:12-38. Index of motor vehicle disputes by make and model; record of manufacturer compliance; statistics as public record; information on manufacturer's private arbitration and buy-back programs
a. The Division of Consumer Affairs shall maintain an index of all motor vehicle disputes by make and model. The division shall, at six-month intervals, compile and maintain statistics indicating the record of manufacturer compliance with any settlement procedure decisions. The statistics shall be public record.

b. A manufacturer shall provide to the division all information on private arbitration or private buy-back programs maintained or instituted by the manufacturer. The information shall include the type and number of vehicles to which these programs apply and the reasons for establishing and maintaining the programs. The manufacturer shall provide the division with updated information at six month intervals.

56:12-39. Election of remedies
A consumer shall not be required to participate in a manufacturer's informal dispute settlement procedure or the division's summary hearing procedure before filing an action in the Superior Court. However, a decision rendered in a proceeding brought pursuant to the division's summary hearing procedure shall be binding on the consumer and the manufacturer, subject to the right of appeal as set forth in subsection d. of section 9 of this act, and shall preclude the institution of any other action in the Superior Court under this act.

56:12-40. Affirmative defenses to claim of alleged nonconformity
It shall be an affirmative defense to a New Jersey Mazda Lemon claim under this act that the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by anyone other than the manufacturer or its dealer.

56:12-41. Notice by party to action asserting claim, counterclaim or defense based on violations to and intervention or appearance by attorney general
Any party to an action in the Superior Court of this State asserting a New Jersey Mazda Lemon claim , counterclaim or defense based upon violations of this act shall mail a copy of the initial or responsive pleading containing the New Jersey Mazda Lemon claim, counterclaim or defense to the Attorney General within 10 days after filing the pleading with the court. Upon application to the court in which the matter is pending, the Attorney General may intervene or appear in any status appropriate to this matter.

56:12-42. Award of reasonable attorney's fees, expert witness fees and costs
In any action by a consumer against a manufacturer brought in Superior Court or in the division pursuant to the provisions of this act, a prevailing consumer shall be awarded reasonable attorney's fees, fees for expert witnesses and costs.

56:12-43. Appropriation of fees, penalties and costs
All fees, penalties and costs collected by the division pursuant to this act shall be appropriated for purposes of offsetting costs associated with the handling and resolution of consumer automotive complaints.

56:12-44. Certification by manufacturer of existence of inherent design defect within one year of discovery
A manufacturer shall certify to the division, within one year of discovery, the existence of any inherent design defect common to all motor vehicles of a particular model or make. Failure to comply with this constitutes an unlawful practice pursuant to section 2 of P.L. 1960, c. 39 (C. 56:8-2).

56:12-45. Institution of proceedings against manufacturer who fails to comply with act
The director may institute proceedings against any manufacturer who fails to comply with any of the provisions of this act.

56:12-46. Limitations on and exclusion from liability of dealer
Nothing in this act shall be construed as imposing any liability on a dealer, or creating a cause of action by a manufacturer against a dealer, and nothing shall be construed as imposing any liability on a dealer, or creating a cause of action by a consumer against a dealer under section 4 of this act.

56:12-47. Rights or remedies of consumer under any other law
Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

56:12-48. Waiver, limitation or disclaimer of rights; prohibition
Any agreement entered into by a consumer for the purchase or lease of a new motor vehicle which waives, limits or disclaims the rights set forth in this act shall be void as contrary to public policy.

56:12-49. Rules and regulations
Within 120 days following enactment, the director shall, subject to approval by the Attorney General and pursuant to the provisions of the “Administrative Procedure Act,” P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act.
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