Buying a used car can turn out to be a nightmare for you if you don’t take mandatory precautions beforehand. As you never know what the car has gone through until the date you saw it for the first time but you need not worry because you have the law with you. New Jersey has a so-called Lemon Law for used cars which clearly states that the dealer is liable for any defects that the used car has and also has to provide a warranty if any defects occur after the car has been sold to the customer. To know more about the Lemon Law in detail, Keep Reading.
What is Lemon Law?
Lemon Law for used cars acts as a shield for the customers so that their transaction of buying a used car is secured and not violated by the dealers. Two important points to be considered in this Law are :
- A warranty on that used car must be provided to the customer by the dealer, the Warranty period will depend on the current mileage that the car has on the road.
- And the dealer is liable for the repair of any defects which appear on the car during the warranty period.
VEHICLES WHICH ARE COVERED UNDER THIS LAW.
There are some guidelines for the customer too if they wish to take relief from the Lemon Law. Lemon Law does not cover every vehicle you buy which is previously used. This law only covers used passenger cars which have been bought from a licensed car dealership agent and the used car shouldn’t be more than seven model years old. It’s mandatory for the purchase price of the car to be at least $3000 dollars with a mileage of not more than 100,000 miles.
Also Read: How To Sell Your Car In New Jersey?
VEHICLES WHICH ARE NOT COVERED UNDER THIS LAW.
The Lemon Law does not include these vehicles below for protection:
- Used car’s whose purchase price is not less than $3000.
- Used car should not more than seven model years of use.
- Salvage Vehicles.
- The distance travelled by the Vehicle should not be more than 100,000 Miles.
- Vehicles purchased from a private seller.
- Leased Vehicles.
- Used car which still has the Manufacturer’s Warranty.
- a used car with 60,000 or more miles.
- A used car which is not well maintained by the consumer.
WARRANTY PERIOD UNDER THE LEMON LAW
Once your vehicle is verified of all the requirements that have been stated above you will be provided a warranty on the used car you have purchased. The warranty period for the used car will specifically depend on the mileage of the car.
- If the used car’s odometer shows 24,000 miles or less than that, you will be provided a 90 days warranty period or warranty for 3,000 miles of distance which you will drive on the car once you buy it
- If odometer shows 24,000 miles but less than 60,000 miles, you will be provided a 60 days warranty period or warranty for 2,000 miles of the distance which you will drive on the car once you buy it
- If the odometer shows 60,000 to 100,000, you will be provided a warranty for 30 days and 1,000 miles of the distance which you will drive once you buy it.
You might sacrifice your warranty just to get a better deal on the used car but if you do that you have to make sure first that the odometer of the vehicle must have more 60000 miles and the warranty waive off must be in writing.
PARTS OF A USED VEHICLE WHICH ARE COVERED UNDER THIS LAW
According to the New Jersey’s Lemon Law for used car, a car dealer is liable to repair every material defect that may occur during the warranty period. If the used car’s use, value, and safety are impaired during the warranty period the dealer is fully liable for the correction. So, the parts of the vehicle which are specifically covered by the Law are listed below :
- 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 (Housing, engine block, and cylinder heads are covered only if they are 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 (excluding 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.
You must inform the dealer right away even if you get a slightest hint of a defect on the used car and also make sure to complete the procedure thoroughly by preparing every transaction receipt and also communications. A $50 deductible for each covered item is mandatory for you to pay.
Once you have informed the dealer to get the repairs done on the vehicle, you need to give a reasonable amount of time to the dealer to correct the defects as stated by the law. Your car becomes a lemon only when:
- The car dealer is unable to fix the car even on three or more attempts
- If the car goes out of service for more than 20 days for various problems. You must send a notice to the dealer once the 20 days period has elapsed or the second attempt was failure stating that you are allowing a final chance to the dealer to repair the vehicle
You must be able to prove the impairment the car has and how it is not functioning
NOW WHAT DO YOU DO ONCE YOU HAVE THE LEMON?
You, as a customer have the right to get the full refund for the price you paid during the purchase and also the registration fees from the dealer. A calculated deduction also should be made by the dealer as the car might have gone through a wear and tear because your personal usage.
Now, the real fuss starts if your dealer refuses or denies to refund you the full purchase price and other expenses, you can take relief from the dispute with the help of the lemon law. Now what you can do is :
- You can request a lemon law hearing on your case New Jersey Division of Consumer Affairs dispute resolution program
- You can file a lawsuit in superior court of New Jersey
You can try to negotiate with the informally through the dealer’s informal dispute resolution program if he has one.
For more information on Lemon Law or any query related to selling or buying a used car in New Jersey, you may contact us at – 8887492267