New Jersey Lemon Law: How to File a Claim

New Jersey's lemon law is the Lemon Law (N.J.S.A. 56:12-29 et seq.). It covers vehicles bought or leased in New Jersey, or MVC-registered. Within 24,000 miles/2 years: substantially the same nonconformity repaired 3+ times, 20+ calendar days out of service, or 1 repair of a defect likely to cause death or serious injury. Routes: the Lemon Law Unit or court.

The complete, plain-English walkthrough — built from the New Jersey Lemon Law itself (N.J.S.A. 56:12-29 et seq.) and the Division of Consumer Affairs' Lemon Law Unit publications, not law-firm marketing. Last reviewed: October 2026.

New Jersey lemon law at a glance

• Two laws: the New Jersey Lemon Law (N.J.S.A. 56:12-29 et seq.) for new vehicles, and the separate Used Car Lemon Law (N.J.S.A. 56:8-67 et seq.) for certain dealer-sold used vehicles.
• Term of protection (new vehicles): the first 24,000 miles of operation or two years from original delivery, whichever comes first.
• The tests: the same defect repaired 3 or more times, 20 or more calendar days out of service (45 for a motor home), or one examination or repair of a defect likely to cause death or serious bodily injury — and the defect still exists.
• Key step: written notice to the manufacturer by certified mail, return receipt requested; the manufacturer then gets 10 calendar days for one final repair opportunity.
• Where claims go: your choice — a summary hearing through the Division of Consumer Affairs' Lemon Law Unit ($50 filing fee for new-car cases) or Superior Court.
• Refund: the full purchase price plus listed charges and fees, less a reasonable allowance for use — purchase or lease price × mileage at first presentation for the defect ÷ 100,000.

What vehicles are covered

New Jersey's Lemon Law (N.J.S.A. 56:12-29 et seq.) covers a "motor vehicle" — a passenger automobile, farm tractor, authorized emergency vehicle, or motorcycle — that is purchased or leased in New Jersey or registered by the New Jersey Motor Vehicle Commission. A motor home is covered, but its living facilities are expressly excluded. A "consumer" is a buyer or lessee (other than for purposes of resale or sublease), a person the vehicle is transferred to during the warranty, or anyone else entitled by the terms of the warranty to enforce it.

A vehicle bought used can still fall under the new-vehicle law: the Division of Consumer Affairs confirms a used purchase can be covered if the nonconformity is reported within the term of protection measured from original delivery — under 24,000 miles and under two years from original delivery. The Division of Consumer Affairs also states that vehicles registered for commercial use are not covered.

The defect must be a "nonconformity" — "a defect or condition which substantially impairs the use, value or safety of a motor vehicle."

Bought used from a dealer instead? New Jersey has a separate Used Car Lemon Law for dealer sales — see that section below.

The three tests

The nonconformity must be reported during the term of protection: the first 24,000 miles of operation or two years following the date of original delivery, whichever is earlier (§56:12-31). For a farm tractor, the term is two years from original delivery, with no mileage prong. Within that term, it is presumed the manufacturer is unable to repair or correct the nonconformity within a reasonable time if any one of these holds (§56:12-33(a)):

1. Three-times test

Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its dealer or distributor, and the nonconformity continues to exist. Different defects don't combine for this test.

2. 20-calendar-day test

The vehicle was out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days since original delivery — 45 or more calendar days for a motor home — and a nonconformity continues to exist. These are calendar days, not business days, and they need not be consecutive.

3. Serious-safety test

A nonconformity likely to cause death or serious bodily injury if the vehicle is driven has been subject to examination or repair at least once, and the nonconformity continues to exist.

Meeting a test raises a presumption — it does not decide your case. The manufacturer can still argue, for example, that the alleged nonconformity does not substantially impair the vehicle's use, value, or safety.

No filing deadline in the act — read this

The New Jersey Lemon Law's text states the term of protection and sets no separate deadline for filing a claim or a lawsuit. We can't tell you which deadline applies to your case, so this guide cannot give you a filing date — and neither can our calculator. Do not guess it. Talk to a licensed attorney in New Jersey promptly.

Check your New Jersey term-of-protection window →

The certified-mail notice

New Jersey's presumption applies against a manufacturer only if the consumer first gives written notice and one final repair opportunity (§56:12-33(b)):

1. Send written notification of a potential claim to the manufacturer by certified mail, return receipt requested.
2. Timing: you may send it any time after the same nonconformity has been subject to repair two or more times, the vehicle has been out of service for a cumulative total of 20 or more calendar days (45 for a motor home), or a nonconformity likely to cause death or serious bodily injury has been examined or repaired at least once — and the nonconformity continues to exist.
3. Final opportunity: the manufacturer then has one opportunity to repair or correct the defect within 10 calendar days following receipt of the notification.

This notice is also a prerequisite: §56:12-37(a) makes the §56:12-33(b) notice a condition of filing an application with the Division of Consumer Affairs. The LemonLawPath $29 packet includes a draft version of this notice letter.

How to file: Lemon Law Unit hearing or court

Filing with the Division is your option, not a requirement — and you are never required to use the manufacturer's informal dispute settlement procedure first (§56:12-36). If you choose the Division route:

1. Send the certified-mail notice above, keep the return receipt, and give the manufacturer its 10-calendar-day opportunity.
2. Apply to the Lemon Law Unit. Ask the Unit for the "Application for Dispute Resolution" form, and send the completed application to the Unit by certified mail, return receipt requested, together with a photocopy of your notification to the manufacturer.
3. Pay the filing fee. For new-car cases, once your application is accepted you pay a $50 filing fee by certified check or money order payable to the "New Jersey Division of Consumer Affairs." The fee is nonrefundable, but it is recoverable as a cost if you prevail. On your application and payment of the fee, the manufacturer must submit to the State hearing procedure.
4. Attend the summary hearing. The hearing is held no later than 20 days from the date your application is accepted, unless you agree to a later date. Hearings are conducted at the Office of Administrative Law in Newark, Trenton, and Atlantic City.

Lemon Law Unit: Division of Consumer Affairs, P.O. Box 45026, Newark, NJ 07101 · (973) 504-6226.

The other route is Superior Court. You may file an action in the Superior Court without using the Division's procedure or the manufacturer's procedure first — but if you do use the Division and a decision is rendered, it binds both sides (see below).

What happens after you file

1. ALJ decision: the administrative law judge issues a written decision within 20 days of the conclusion of the summary hearing.
2. Director decision: the Director of Consumer Affairs adopts, rejects, or modifies the decision no later than 15 days after receipt.
3. Binding effect: a decision rendered in the Division's summary hearing procedure is binding on the consumer and the manufacturer, subject to the right of appeal to the Appellate Division of the Superior Court, and it precludes any other action in the Superior Court under the act (§56:12-39).

Remedies: refund, replacement, use allowance

If the manufacturer is unable to repair or correct the nonconformity within a reasonable time, it must accept return of the vehicle (§56:12-32). The statute provides:

• Refund: a full refund of the purchase price of the original vehicle, including any stated credit or allowance for your trade-in 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 sales tax, license and registration fees, finance charges, reimbursement for towing, and reimbursement for actual rental expenses for an equivalent vehicle, limited to the period the vehicle was out of service due to the nonconformity — less a reasonable allowance for vehicle use.
• Replacement: the manufacturer may offer to replace the vehicle in lieu of a refund — but the consumer may, in any case, reject an offer of replacement and demand a refund.
• Leases: the lease is terminated and no penalty for early termination shall be assessed; the lessee receives a refund of the amount actually paid under the lease, less a reasonable allowance for vehicle use.
• Attorney's fees: in an action brought in Superior Court or in the Division under the act, a prevailing consumer shall be awarded reasonable attorney's fees, fees for expert witnesses and costs (§56:12-42).

The reasonable allowance for use — the formula

New Jersey states the allowance in the statute (§56:12-30): the mileage at the time the consumer first presents the vehicle for correction of a nonconformity, times the purchase price (or lease price), divided by 100,000 miles. The Division's booklet, "Motor Vehicle Lemon Law — Your Road to Relief," works this example: a $19,500 purchase price with 9,500 miles at first presentation gives an allowance of $19,500 × 9,500 ÷ 100,000 = $1,853, and a refund of $19,500 − $1,853 = $17,647 before the other refund components.

Used cars: the separate Used Car Lemon Law

Used vehicles have their own statute — the Used Car Lemon Law (N.J.S.A. 56:8-67 et seq.), part of the Consumer Fraud Act. Claims under it run against the dealer, not the manufacturer, and the dealer must give a written limited warranty with every covered sale.

This section now has its own page: New Jersey used car lemon law.

Coverage (per the Division of Consumer Affairs): the vehicle was bought from a licensed dealer, is no more than seven model years old, has no more than 100,000 miles, and was sold for at least $3,000. Private-party sales are not covered, and motorcycles, motor homes, and off-road vehicles are excluded.

The dealer's written warranty must last at least, based on the vehicle's odometer mileage at sale:

• 24,000 miles or less: 90 days or 3,000 miles, whichever comes first;
• More than 24,000 but less than 60,000 miles: 60 days or 2,000 miles, whichever comes first;
• 60,000 miles or more: 30 days or 1,000 miles, whichever comes first — and only in this tier may the consumer waive the warranty, and only in writing.

Covered repairs carry a $50 deductible for each repair of a covered item, per the Division's booklet.

The used-car test (the Division's booklet): a reasonable attempt to repair is at least three attempts to repair the same material defect and the material defect continues to exist, or the vehicle was 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 days or more during the warranty period.

Where used-car claims go: the same Lemon Law Unit — and there is no filing fee for used-car Lemon Law applications. If the consumer prevails, the Division states that the dealer may be ordered to repurchase the used motor vehicle and provide a refund to the consumer.

Note the overlap: a used purchase that is still inside the new-vehicle law's term of protection — under 24,000 miles and under two years from original delivery, with the defect reported in that window — may fit the new-vehicle law instead, as described in the coverage section above.

When to talk to a lawyer instead

New Jersey gives you a choice between a Division hearing and Superior Court, and a Division decision is binding and precludes a later court action under the act — that choice has real consequences. Use LemonLawPath to get organized, then talk to a licensed lemon law attorney — especially if:

• Your defect is a serious safety hazard;
• The manufacturer denied your claim or disputes the defect;
• You need to know which filing deadline applies (the act's text states none);
• You are deciding between the Division hearing and Superior Court;
• Anything about your case feels ambiguous.

Primary sources: P.L.2015, c.271 (njleg.state.nj.us) · P.L.2009, c.324 (njleg.state.nj.us) · NJ Division of Consumer Affairs — Lemon Law Unit (njconsumeraffairs.gov)