Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Lemon Law for Used Cars

Read below to learn more about this topic.

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 LEMON LAW FOR USED CARS FAQS

WHAT IS THE NEW JERSEY LEMON LAW FOR USED CARS?
• Part of the New Jersey Consumer Fraud Act that regulates the sale & warranty of certain used vehicles & is commonly known as the “New Jersey Used Car Lemon Law”.
• New Jersey Division of Consumer Affairs adopted parallel regulations.
• Dealers must ensure compliance by posting $10,000 bond.

WHAT TYPES OF THINGS ARE ILLEGAL FOR NEW JERSEY USED CAR DEALERS TO DO WHEN SELLING USED CARS IN NEW JERSEY?
• Misrepresent the mechanical condition of a used vehicle;
• Fail to disclose, prior to sale, any material defect in the mechanical condition of the used vehicle which is known to the dealer;
• Represent used vehicle, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the dealer has a reasonable basis for representation when made;
• Fail to disclose, prior to sale, existence & terms of any written warranty, service contract or repair insurance subject to transfer, known to dealer, in effect & provided by a 3rd party.
• Misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a used vehicle provided by a person other than the dealer & subject to transfer.
• Fail to disclose, prior to sale, the existence & terms of any written warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used vehicle;
• Misrepresent the terms of any warranty, service contract or repair insurance offered with the sale of a used vehicle;
• Represent, prior to sale, that a used vehicle is sold with a warranty, service contract or repair insurance when the vehicle is sold without any warranty, service contract or repair insurance;
• Fail to disclose, prior to sale, that a used vehicle is sold without any warranty, service contract, or repair insurance; and
• Fail to provide a clear written explanation, prior to sale, of what is meant by the term “as is,” if the used vehicle is sold “as is.”

WHAT TYPE OF MINIMUM WARRANTIES APPLY TO USED CARS COVERED BY THE NEW JERSEY LEMON LAW FOR USED CARS?
• For all used motor vehicles sold for more than $3,000, less than seven or more model years old, that were not been declared a total loss by an insurance company & with respect to which the New Jersey lemon buyer was so advised at time of sale in writing of same & that have 100,000 miles or less, the selling dealer commits a per se New Jersey Consumer Fraud Act violation unless they give the New Jersey lemon buyer a written powertrain type of warranty with certain minimum durations subject to the vehicle’s mileage.
• Customer may waive the warranty in writing via a specific type of waiver.
• If a dealer fails to give a written warranty required by the New Jersey Used Car Lemon Law & the customer does not sign a waiver as provided by the New Jersey Used Car Lemon Law, the dealer nevertheless shall be deemed to have given the warranty.
• If, during the warranty issued by the dealer pursuant to the New Jersey Used Car Lemon Law, the dealer or the dealer’s agent fails to correct a material defect after a reasonable opportunity to repair the vehicle, the dealer shall repurchase the vehicle & provide a refund less a use allowance.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY CONSUMER FRAUD ACT 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 award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
• Refund of money lost due to the contractor’s New Jersey Consumer Fraud Act Violation.

NEW JERSEY CAR SALES FRAUD & NEW JERSEY CAR REPAIR FRAUD FAQS

WHAT IS NEW JERSEY CAR SALES FRAUD AND NEW JERSEY CAR REPAIR FRAUD?
• Consumer fraud frequently occurs in automotive sales & leasing & in the sale of automotive components, accessories & services.
• The average automobile purchaser & lessee is exposed to an excess of information about vehicle prices & values.
• Since the purchase of an automobile represents a significant investment for most people, purchasers require protection from misleading information.
• Lessees of automobiles require protection because leases vary a great amount in their terms & customers often lack a clear picture of all the terms & requirements.
• Vehicle repair agencies & the abuses they heap upon consumers are one of the areas specifically targeted for redress by the New Jersey Consumer Fraud Act.
• To protect customers of auto dealerships, auto repair shops & auto parts stores, the NJ Legislature enacted various statutes & the New Jersey Division of Consumer Affairs adopted various regulations affecting those industries.

NEW JERSEY CAR SALES FRAUD
• To address fraud that is rampant in automotive sales practices, where consumers are commonly hoodwinked into paying for a host of expensive predelivery services that are illusory, irrelevant, unperformed, unauthorized & unnecessary, the New Jersey Division of Consumer Affairs enacted regulations on automotive dealers’ disclosure of predelivery services.
• These regulations are construed & applied to achieve their underlying purpose of preventing deceptive advertising & affording forthright & honest presentations of motor vehicle information.
• Examples of services that are subject to automotive dealership abuse include vehicle & document preparation services.
• Such services may only be performed with the purchaser’s consent by first presenting an item d invoice of each particular predelivery service to be delivered & its cost.
• Where an automotive dealer charges a consumer for predelivery services without first itemizing each service & the charges associated therewith, the New Jersey car dealer commits a per se violation of the New Jersey Consumer Fraud Act - ascertainable loss takes the form of the sums paid to the New Jersey car dealer

EXAMPLES OF NEW JERSEY CAR SALES FRAUD CASES
• Advertising agency violated regulations prohibiting sale of a used auto failing to disclose the bona fide odometer reading.
• Dealer failed to disclose to the New Jersey lemon buyer the price of the pre-delivery services & failed to itemize such services in the final sales agreement.
• Vehicle purchasers bought vehicles meant to last up to 20 years but which contained emergency response systems that would allegedly become useless at the end of 2007.
• Customer agreed to buy automobile at one price & thereafter, seller increased the price.
• Customer purchased vehicle represented as new with only 10 miles on its odometer, when in fact it was a demonstrator with 9,800 miles.
• Dealer overcharged plaintiff $350 for “equipment & services plus sales tax”.
• Dealer represented vehicle driven 59,586 miles & gave plaintiff certified statement to that effect, when in fact vehicle was driven over 100,000 miles & its odometer was tampered with.
• Dealer: (1) raised vehicle price from $20,535 to $24,735 to include the cost of sealant & service contract, while customers approved neither of these additional features nor received any explanation thereof; (2) initiated finance contract which customers deny knowingly executing & notwithstanding that customers wanted to pay cash; (3) lost checks; (4) failed to provide customers a list of all charges; (5) failed to prove that bank acknowledged the vehicle loan’s existence or issued payment book.
• Customer gave dealer $500 deposit for the privilege of driving a vehicle for a few days before deciding whether to purchase. Customer returned vehicle but dealer failed to return the deposit, despite repeated calls & requests. 13 days after customer filed suit & 24 days after the vehicle’s return, dealer returned the deposit.

NEW JERSEY CAR LEASE FRAUD
• New Jersey Consumer Protection Leasing Act regulates the leasing of vehicles.
• New Jersey Division of Consumer Affairs adopted various regulations affecting vehicle leases.
• Any violation of the New Jersey Consumer Protection Leasing Act is per se New Jersey Consumer Fraud Act violation.
• New Jersey Consumer Protection Leasing Act contains specific requirements concerning disclosures & requires notice of right to cancel lease.
• A statute regulates the subleasing of motor vehicles & applies New Jersey Consumer Fraud Act liability against those violating the subleasing requirements.
• A person who is not a party to a lease contract, conditional sale contract or security agreement cannot arrange, for compensation, the transfer, assignment or sublease of any right or interest in vehicle subject to a lease contract, conditional sale contract or security agreement unless the transfer, assignment or sublease is made in compliance with the terms of such contract/agreement.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY LEMON LAWSUITS?
Yes. Paul DePetris has performed the following tasks:
• represented New Jersey lemon car 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 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, the New Jersey Lemon car manufacturer, Hyundai, Kia, Nissan, Subaru, BMW, Porsche, Audi, Mercedes and Volkswagen.

WHY SHOULD SPECIAL CIVIL PRO SE PARTIES SEEK HELP FROM A NEW JERSEY LEMON LAWYER?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey Lemon lawyer!
Many Special Civil pro se parties make the mistake of not consulting a New Jersey Lemon lawyer before filing Special Civil papers only to later learn that the Special Civil pro se parties made serious mistakes that could cause them to lose their Special Civil case. New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law. Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. 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.

CAN I RELY ON NEW JERSEY SMALL CLAIMS COURT PERSONNEL OR NEW JERSEY SPECIAL CIVIL COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Special Civil employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the Special Civil Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY SPECIAL CIVIL PART FORMS PROVIDED BY THE NEW JERSEY SPECIAL CIVIL PART COURT?
The New Jersey Special Civil Part usually provides certain types of Special Civil legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Special Civil Part forms provided by the New Jersey Special Civil Part court – the Special Civil forms are often deceptively simple, while Special Civil Part cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey Lemon attorney licensed to practice law in New Jersey who has experience handling New Jersey Special Civil Part cases. Special Civil forms don’t talk and Special Civil forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey Special Civil Part case. Each New Jersey Special Civil Part case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey Special Civil trial attorney, it is best to have the New Jersey Lemon attorney prepare your New Jersey Special Civil Part paperwork for you.

NEED HELP WITH YOUR SPECIAL CIVIL CASE?
Handling your Special Civil case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey Lemon lawyer!
Let the Law Office of Paul DePetris help you with your Special Civil Case. Not all Special Civil Cases require you to pay expensive legal fees to get legal help. 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.

CAN I HANDLE A NEW JERSEY SPECIAL CIVIL CASE MYSELF?
Many people can and do successfully handle New Jersey Special Civil cases, from filing the first paperwork to the collection of a New Jersey Special Civil judgment. However, many other people also make mistakes that lead to the dismissal of their New Jersey Special Civil cases or that result in the entry of a New Jersey Special Civil money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey Special Civil case. The following are reasons to use a New Jersey Lemon lawyer to handle part or all of your New Jersey Special Civil case:
• New Jersey Special Civil fees often change
• New Jersey Special Civil rules often change
• New Jersey Special Civil employees cannot give you “free” legal advice and a Special Civil judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Special Civil court forms available on websites may not cover every situation you may face in court
• each New Jersey Special Civil case has its own particular legal issues and therefore, its own challenges
• it is very common for people to file inadequate or incorrect New Jersey Special Civil complaints that result in the New Jersey Special Civil complaints or answers to New Jersey Special Civil complaints being rejected by the New Jersey Special Civil or being dismissed by the New Jersey Special Civil after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey Special Civil case.
• a court has the power to punish unprepared parties, such as by throwing their New Jersey Special Civil case out of court or limiting what they can present at the New Jersey Special Civil trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Special Civil trial.
• it is very common for courts to refuse to allow a party to use or refer to documents or items at the New Jersey Special Civil trial that the person themselves never prepared. Often parties stumble into New Jersey Special Civil with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a Special Civil judge tell the parties that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Special Civil. Also, if there are any legal issues to be dealt with at the New Jersey Special Civil trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Special Civil expecting the judge hearing your New Jersey Special Civil case to explain court rules, evidence rules, court procedure or the details of the law that applies to your New Jersey Special Civil case. The judge hearing your New Jersey Special Civil case is not permitted to give you legal advice.

It is important to remember that even if you have a New Jersey Lemon lawyer, you could lose your New Jersey Special Civil case. Hiring a New Jersey Lemon lawyer to handle part or all of your New Jersey Special Civil case does not guarantee your success. However, it may provide what is needed to win your New Jersey Special Civil case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY SPECIAL CIVIL CASES?
Yes. Paul DePetris has performed the following tasks:
• handled Special Civil Cases for plaintiffs and defendants across New Jersey, from Bergen County to Cumberland County, including representations of individuals, small businesses and large corporations.
• settled Special Civil Cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Special Civil settlement agreements.
• enforced many New Jersey Special Civil settlement agreements.
• provided New Jersey Special Civil pro se parties with New Jersey Special Civil legal advice and prepared New Jersey Special Civil legal forms
• prepared and filed many New Jersey Special Civil complaints
• tried New Jersey Special Civil jury trials
• mediated many Special Civil Cases
• argued New Jersey Special Civil motions
• handled New Jersey Special Civil proof hearings
• handled New Jersey Special Civil post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
Atlantic County Bergen County Burlington County Camden County
Cape May County Cumberland County Essex County Special Gloucester County
Hudson County Mercer County Middlesex County Monmouth County
Morris County Ocean County Passaic County Salem County
Somerset County Sussex County Union County Warren County

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY SPECIAL CIVIL CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Special Civil Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
Atlantic County Special Civil Bergen County Special Civil Burlington County Special Civil Camden County Special Civil
Cape May County Special Civil Cumberland County Special Civil Essex County Special Civil Gloucester County Special Civil
Hudson County Special Civil Hunterdon County Special Civil Mercer County Special Civil Middlesex County Special Civil
Monmouth County Special Civil Morris County Special Civil Ocean County Special Civil Passaic County Special Civil
Salem County Special Civil Somerset County Special Civil Sussex County Special Civil Union County Special Civil
Warren County Special Civil

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE A NEW JERSEY LEMON LAWYER TO HANDLE MY NEW JERSEY SPECIAL CIVIL CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey Special Civil cases for an hourly fee, such as by offering to handle your New Jersey Special Civil case up to trial for a fixed fee or to help you handle your New Jersey Special Civil case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey Special Civil case to a fixed sum, while providing you the help you need to handle your New Jersey Special Civil case. For a no obligation phone consultation about what the Firm 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 USED CAR LEMON LAW (A NEW JERSEY LEMON LAW FOR “USED” CARS)
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 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 rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

56:8-67. Definitions
As used in this act:
"As is" means a used motor vehicle sold by a dealer to a consumer without any warranty, either express or implied, and with the consumer being solely responsible for the cost of any repairs to that motor vehicle.
"Consumer" means the purchaser or prospective purchaser, other than for the purpose of resale, of a used motor vehicle normally used for personal, family or household purposes.
"Covered item" means and includes the following components of a used motor vehicle: Engine-all internal lubricated parts, timing chains, gears and cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve covers, oil pan, manifolds, flywheel, harmonic balancer, engine mounts, seals and gaskets, and turbo-charger housing; however, housing, engine block and cylinder heads are covered items only if damaged by the failure of an internal lubricated part. Transmission Automatic/Transfer Case--all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals and gaskets. Transmission Manual/Transfer Case--all internal lubricated parts, transmission mounts, seals and gaskets, but excluding a manual clutch, pressure plate, throw-out bearings, clutch master or slave cylinders. Front-Wheel Drive-all internal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets, Rear-Wheel Drive-all internal lubricated parts, propeller shafts, supports and U-joints, axle shafts and bearings, seals and gaskets.
"Dealer" means any person or business which sells or offers for sale a used motor vehicle after selling or offering for sale three or more used motor vehicles in the previous 12-month period.
"Deduction for personal use" means the mileage allowance set by the federal Internal Revenue Service for business usage of a motor vehicle in effect on the date a used motor vehicle is repurchased by a dealer in accordance with section 5 of this act,1 multiplied by the total number of miles a used motor vehicle is driven by a consumer from the date of purchase of that vehicle until the time of its repurchase.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Excessive wear and tear" means wear or damage to a used motor vehicle beyond that expected to be incurred in normal circumstances.
"Material defect" means a malfunction of a used motor vehicle, subject to a warranty, which substantially impairs its use, value or safety.
"Repair insurance" means a contract in writing to refund, repair, replace, maintain or take other action with respect to a used motor vehicle for any period of time or any specified mileage and provided at an extra charge beyond the price of the used motor vehicle.
"Service contract" means a contract in writing to refund, repair, replace, maintain or take other action with respect to a used motor vehicle for any period of time or any specific mileage or provided at an extra charge beyond the price of the used motor vehicle.
"Used motor vehicle" means a passenger motor vehicle, excluding motorcycles, motor homes and off-road vehicles, title to, or possession of which has been transferred from the person who first acquired it from the manufacturer or dealer, and so used as to become what is commonly known as "secondhand," within the ordinary meaning thereof but does not mean a passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, which is sold by the lessor to the lessee, or to a family member or employee of the lessee upon the termination of the lease agreement.
"Warranty" means any undertaking, in writing and in connection with the sale by a dealer of a used motor vehicle, to refund, repair, replace, maintain or take other action with respect to the used motor vehicle, and which is provided at no extra charge beyond the price of the used motor vehicle.
1N.J.S.A. § 56:8-71.
56:8-67.1. Sale of leased vehicle to certain individuals warranted
A lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, to a consumer who is not the lessee, or a family member or employee of the lessee upon the termination of the lease agreement, shall be subject to the provisions of P.L.1995, c.373 (C. 56:8-67 et seq.) including the bonding requirement of section 11 of that act (C. 56:18-77).
56:8-68. Unlawful practices
It shall be an unlawful practice for a dealer:
a. To misrepresent the mechanical condition of a used motor vehicle;
b. To fail to disclose, prior to sale, any material defect in the mechanical condition of the used motor vehicle which is known to the dealer;
c. To represent that a used motor vehicle, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the dealer has a reasonable basis for this representation at the time it is made;
d. To fail to disclose, prior to sale, the existence and terms of any written warranty, service contract or repair insurance currently in effect on a used motor vehicle provided by a person other than the dealer, and subject to transfer to a consumer, if known to the dealer;
e. To misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a used motor vehicle provided by a person other than the dealer, and subject to transfer to a consumer;
f. To fail to disclose, prior to sale, the existence and terms of any written warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used motor vehicle;
g. To misrepresent the terms of any warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used motor vehicle;
h. To represent, prior to sale, that a used motor vehicle is sold with a warranty, service contract or repair insurance when the vehicle is sold without any warranty, service contract or repair insurance;

i. To fail to disclose, prior to sale, that a used motor vehicle is sold without any warranty, service contract, or repair insurance; and
j. To fail to provide a clear written explanation, prior to sale, of what is meant by the term "as is," if the used motor vehicle is sold "as is."
56:8-69. Written warranty; minimum durations
It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at least have the following minimum durations:
a. If the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;
b. If the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
c. If the used motor vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to a warranty as provided under section 7 of this act.1
1N.J.S.A. § 56:8-73.
56:8-70. Dealer required to correct failure or malfunction of covered items; excluded repairs
The written warranty shall require the dealer, upon failure or malfunction of a covered item during the term of the warranty, to correct the malfunction or defect, provided the used motor vehicle is delivered to the dealer, at his regular place of business, and subject to a deductible amount of $50 to be paid by the consumer for each repair of a covered item. This written warranty shall exclude repairs covered by any manufacturer's warranty, or recall program, as well as repairs of a covered item required because of collision, abuse, or the consumer's failure to properly maintain such used motor vehicle in accordance with the manufacturer's recommended maintenance schedule, or from damage of a covered item caused as a result of any commercial use of the used motor vehicle, or operation of such vehicle without proper lubrication or coolant, or as a result of any misuse, negligence or alteration of such vehicle by someone other than the dealer.
56:8-71. Failure to correct material defect; refund of purchase price; affirmative defenses
a. If, within the periods specified in section 3 of this act,1 the dealer or his agent fails to correct a material defect of the used motor vehicle, after a reasonable opportunity to repair the used motor vehicle, the dealer shall repurchase the used motor vehicle and refund to the consumer the full purchase price, excluding all sales taxes, title and registration fees, or any similar governmental charges, and less a reasonable allowance for excessive wear and tear and less a deduction for personal use of such vehicle. Refunds shall be made to the consumer and lienholder, if any, as their interests appear on the records of ownership kept by the Director of the Division of Motor Vehicles.
b. It shall be an affirmative defense to any claim under this section that:
(1) The alleged material defect does not substantially impair the use, value or safety of the used motor vehicle; or
(2) The material defect is the result of abuse, neglect or unauthorized modification or alteration of the used motor vehicle by anyone other than the dealer or his agent.
c. It shall be presumed that a dealer has a reasonable opportunity to correct or repair a material defect in a used motor vehicle, if:
(1) The same material defect has been subject to repair three or more times by the dealer or his agent within the warranty period, but the material defect continues to exist; or
(2) The used motor vehicle is out of service by reason of waiting for the dealer to begin or complete repair of the material defect for a cumulative total of 20 or more days during the warranty period.
1N.J.S.A. § 56:8-69.
56:8-72. Term of written warranty extended by time spent waiting for dealer to begin or complete repairs
The term of any written warranty offered by a dealer in connection with the sale of a used motor vehicle shall be extended by any time period during which the used motor vehicle is waiting for the dealer or his agent to begin or complete repairs of a material defect of the used motor vehicle.
56:8-73. Election to waive warranty on used vehicle with over 60,000 miles; form and content of waiver
Notwithstanding any provision of this act to the contrary, a consumer, as a result of a price negotiation for the purchase of a used motor vehicle with over 60,000 miles, may elect to waive the dealer's obligation to provide a warranty on the used motor vehicle. The waiver shall be in writing and separately stated in the agreement of retail sale or in an attachment thereto and separately signed by the consumer. The waiver shall state the dealer's obligation to provide a warranty on used motor vehicles offered for sale, as set forth in sections 3 and 4 of this act.1 The waiver shall indicate that the consumer, having negotiated the purchase price of the used motor vehicle and obtained a price adjustment, is electing to waive the dealer's obligation to provide a warranty on the used motor vehicle and is buying the used motor vehicle "as is."
1N.J.S.A. §§ 56:8-69 and 56:8-70.
56:8-74. Dealer deemed to have given warranty in absence of written waiver
If a dealer fails to give a written warranty required by this act, the dealer nevertheless shall be deemed to have given the warranty as a matter of law, unless a waiver has been signed by the consumer in accordance with section 7 of this act.1
1N.J.S.A. § 56:8-73.
56:8-75. Consumer rights and remedies not affected
Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
56:8-76. Vehicles not covered by warranty
The provisions of sections 3, 4, and 51 shall not apply to: Any used motor vehicle sold for less than $3,000; any used motor vehicle over 7 or more model years old; any used motor vehicle which has been declared a total loss by an insurance company and with respect to which the consumer, at or prior to the time of sale, has been advised in writing that the used motor vehicle has been declared a total loss by an insurance company; or, any used motor vehicle with more than 100,000 miles.
1N.J.S.A. §§ 56:8-69, 56:8-70 and 56:8-71.
56:8-77. Bond requirements
To assure compliance with the requirements of this act, a dealer shall provide a bond in favor of the State of New Jersey in the amount of $10,000, executed by a surety company authorized to transact business in the State of New Jersey by the Department of Insurance and to be conditioned on the faithful performance of the provisions of this act. This bond shall be for the term of 12 months and shall be renewed at each expiration for a similar period. The Director of the Division of Motor Vehicles shall not issue a dealer's license and shall not renew a license of any dealer who has not furnished proof of the existence of the bond required by this act.
56:8-78. Rules and regulations
The Director shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) to effectuate the purposes of this act.
56:8-79. Consumer awareness program
The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act, within 120 days following enactment of this act.
56:8-80. Administrative fee
The director may establish an administrative fee, to be paid by the consumer, in order to implement the provisions of this act, which fee shall be fixed at a level not to exceed the cost for the administration and enforcement of this act.




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