LEMON LAW DEMAND LETTER
STATE OF NEW JERSEY
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL
[DATE]
[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]
[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]
Re: NEW JERSEY LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the New Jersey Lemon Law, N.J.S.A. 56:12-29 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.
I. NEW JERSEY LEMON LAW FRAMEWORK
A. Statutory Authority
This demand is made pursuant to the New Jersey Lemon Law, N.J.S.A. 56:12-29 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.
B. Covered Vehicles
Under N.J.S.A. 56:12-30, a "motor vehicle" means:
- A new passenger automobile (including motorcycles)
- Sold or leased and registered in New Jersey
- Excludes: Motor homes and vehicles over 10,000 pounds GVWR
The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under New Jersey's Lemon Law.
C. Coverage Period
New Jersey's Lemon Law applies during:
- The earlier of: the term of the express warranty OR two (2) years or 24,000 miles following original delivery. N.J.S.A. 56:12-32.
D. Presumption of Nonconformity
Under N.J.S.A. 56:12-33, there is a rebuttable presumption that a reasonable number of attempts have been made if:
-
Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR
-
Serious Safety Defect: A nonconformity creates a danger of serious bodily injury and has been subject to repair one (1) or more times; OR
-
Days Out of Service: The vehicle has been out of service by reason of repair for 20 or more calendar days (need not be consecutive).
E. Manufacturer Notice Requirement
Under N.J.S.A. 56:12-32, the consumer must provide written notification by certified mail to the manufacturer of the need for repair. The manufacturer has one additional opportunity (not to exceed 10 calendar days) to cure the nonconformity after receiving such notice.
THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.
II. VEHICLE INFORMATION
| Item | Details |
|---|---|
| Owner/Lessee | [CONSUMER FULL NAME] |
| Co-Owner/Co-Lessee | [IF APPLICABLE] |
| Year/Make/Model | [YEAR] [MAKE] [MODEL] |
| Trim Level/Package | [TRIM] |
| Vehicle Identification Number | [VIN] |
| Purchase/Lease Date | [DATE] |
| Delivering Dealer | [DEALER NAME AND LOCATION] |
| Purchase Price / Cap Cost | $[AMOUNT] |
| Current Odometer Reading | [MILEAGE] |
| Mileage at First Repair Attempt | [MILEAGE] |
| Type of Transaction | [ ] Purchase [ ] Lease |
III. WARRANTY INFORMATION
A. Manufacturer's Warranty
| Warranty Type | Duration | Status |
|---|---|---|
| Basic/Bumper-to-Bumper | [YEARS]/[MILES] | [ ] Active [ ] Expired |
| Powertrain | [YEARS]/[MILES] | [ ] Active [ ] Expired |
The defects complained of arose during the applicable warranty period and remain unresolved.
IV. DEFECT DESCRIPTION
A. Nature of Defect(s)
The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under N.J.S.A. 56:12-30:
PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]
ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]
V. REPAIR HISTORY
Repair Attempt #1
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #2
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
Repair Attempt #3
| Item | Details |
|---|---|
| Date In | [DATE] |
| Date Out | [DATE] |
| Days Out of Service | [NUMBER] |
| Mileage | [MILEAGE] |
| Dealer/Facility | [NAME AND LOCATION] |
| Repair Order Number | [NUMBER] |
| Complaint Presented | [WHAT CONSUMER REPORTED] |
| Work Performed | [WHAT DEALER DID] |
| Result | [ ] Defect persisted [ ] Defect returned |
[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]
Summary of Repair Attempts
| Defect | Number of Repair Attempts | Total Days Out of Service |
|---|---|---|
| [PRIMARY DEFECT] | [NUMBER] | [DAYS] |
| TOTAL | [NUMBER] | [DAYS] |
VI. LEMON LAW QUALIFICATION
A. New Jersey Lemon Law Presumption Met
Our Client's vehicle qualifies as a lemon under New Jersey law because:
[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under N.J.S.A. 56:12-33(a).
[ ] Serious Safety Defect:
A nonconformity creating a danger of serious bodily injury has been subject to repair [NUMBER] times, meeting the 1-repair threshold for safety defects under N.J.S.A. 56:12-33(b).
[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 20-day threshold under N.J.S.A. 56:12-33(c).
B. Magnuson-Moss Warranty Act
In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.
VII. ARBITRATION NOTICE
Under N.J.S.A. 56:12-36, the consumer must use either the manufacturer's certified arbitration program or the New Jersey Lemon Law Dispute Settlement Program before filing a civil action.
[ ] [MANUFACTURER] has a certified arbitration program. Our Client may elect to use this program.
[ ] Our Client may elect to use the New Jersey Division of Consumer Affairs' Lemon Law Unit and Dispute Settlement Program.
VIII. DEMAND FOR RELIEF
Pursuant to N.J.S.A. 56:12-32, we hereby demand:
A. Primary Relief (Choose One)
[ ] REPURCHASE/REFUND
Under N.J.S.A. 56:12-32(a), the manufacturer must refund:
| Item | Amount |
|---|---|
| Full Contract Price | $[AMOUNT] |
| Plus: All Collateral Charges (taxes, fees, finance charges) | $[AMOUNT] |
| Plus: Incidental Damages (rental, towing, etc.) | $[AMOUNT] |
| Subtotal | $[AMOUNT] |
| Less: Reasonable Allowance for Use (see below) | ($[AMOUNT]) |
| TOTAL REFUND DUE | $[AMOUNT] |
The reasonable allowance for use under New Jersey law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator. N.J.S.A. 56:12-32(a).
[ ] REPLACEMENT
Under N.J.S.A. 56:12-32(b), the manufacturer must provide a comparable new motor vehicle.
B. Additional Relief
-
Attorney's Fees and Costs: Under N.J.S.A. 56:12-39, a prevailing consumer may recover reasonable attorney's fees and costs.
-
Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.
-
Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.
IX. FINAL REPAIR OPPORTUNITY
This letter provides [MANUFACTURER] with the final repair opportunity required under N.J.S.A. 56:12-32. The manufacturer has ten (10) calendar days from receipt of this certified mail notice to cure the nonconformity.
Please contact the undersigned within five (5) business days to schedule the final repair attempt. If the defect is not cured within the 10-day period, our Client will proceed with arbitration through the applicable program.
X. DOCUMENT PRESERVATION
You are hereby directed to preserve all documents and records relating to this vehicle, including:
- All repair orders and warranty claims
- All technical service bulletins related to the defect
- All customer complaints regarding similar defects
- All communications between dealer and manufacturer
- All engineering documents and analyses
- The vehicle itself (do not destroy, sell, or alter)
XI. RESPONSE DEADLINE
Please respond to this demand in writing within fourteen (14) days of the date of this letter with:
- Your position on whether the vehicle qualifies as a lemon
- Your offer for repurchase or replacement
- Scheduling of the final repair opportunity, if desired
If we do not receive a satisfactory response, our Client will:
[ ] File for arbitration with the New Jersey Lemon Law Unit
[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] Report this matter to the New Jersey Division of Consumer Affairs
XII. CONCLUSION
Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under New Jersey law.
We urge you to resolve this matter promptly and avoid unnecessary arbitration and litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer
cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
New Jersey Division of Consumer Affairs - Lemon Law Unit
NEW JERSEY LEMON LAW QUICK REFERENCE
| Element | New Jersey Requirement |
|---|---|
| Statute | N.J.S.A. 56:12-29 et seq. |
| Coverage | New passenger automobiles including motorcycles |
| Excludes | Motor homes, vehicles over 10,000 lbs GVWR |
| Coverage Period | Warranty term or 2 years/24,000 miles, whichever first |
| Repair Attempts Required | 3 for same defect; 1 for serious safety defect |
| Days Out of Service | 20 calendar days |
| Notice Required | Written notice by certified mail; 10-day final repair opportunity |
| Arbitration Required | Yes, through manufacturer program or NJ Lemon Law Unit |
| Mileage Offset | (Purchase Price) x (Miles at First Repair / 100,000) |
| Civil Penalty | No |
| Attorney's Fees | Yes, to prevailing consumer |
| Statute of Limitations | Within coverage period |
PRACTICE NOTES FOR NEW JERSEY LEMON LAW CLAIMS
Pre-Filing Considerations
-
Low Thresholds: New Jersey has consumer-friendly thresholds: 3 repairs, 1 for safety defects, and only 20 days out of service.
-
Motorcycle Coverage: Unlike most states, New Jersey covers motorcycles.
-
Certified Mail Required: New Jersey specifically requires notice by certified mail.
Procedural Requirements
-
Arbitration Required: Must use manufacturer program or NJ Lemon Law Unit before litigation.
-
10-Day Cure Period: The manufacturer has 10 calendar days to cure after receiving notice.
-
Division of Consumer Affairs: The NJ Lemon Law Unit provides free dispute resolution.
Damages Calculation
-
Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).
-
Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.
-
Attorney's Fees: Available under N.J.S.A. 56:12-39 to prevailing consumers.
State Resources
The New Jersey Lemon Law Unit:
- Free to consumers
- Administered by Division of Consumer Affairs
- Binding arbitration available
- Efficient dispute resolution process
This template is for informational purposes only and does not constitute legal advice. Consult a licensed New Jersey attorney before use.