I wrote on this issue with respect to the final repair attempt requirement under Mass lemon law, but in New Jersey, too, final repair opportunity is a pre-requisite for seeking lemon law relief.   The NJ law provides that a vehicle is a lemon if the same problem is repaired 3 or more times or if it sits in the shop for 20 days or more in the first 18,000 miles or 2 years since purchase.  The Jersey lemon law also covers leased vehicles.

Here’s the formula:

NJ Lemon = 2 repairs/20 days in repair in the shorter of 2 yrs/18,000 miles + notice + final repair

But here’s the catch. The law requires the consumer to give the manufacturer one last shot at fixing the car once it hits the 2 repairs/20 days out requirement. The notice must be sent by certified mail, return receipt requested.   It must describe the problem and demand relief.   The manufacturer than has 10 days from its receipt of the notice to make the car right - this is called the NJ Lemon Law Final Repair Attempt.  If the car still malfunctions after the last repair opportunity, it’s a lemon.

Here’s the rub, though, and this often comes up in cases. If you fail to send the notice, or if you send it incorrectly, or if you take your car in for repair before the manufacturer receives the notice, your NJ lemon law case doesn’t accrue. In other words, to count as a NJ Lemon Law Final Repair, the manufacturer must receive the notice before your visit to the dealer. Otherwise, the clock will start ticking once again, and the repair will not count a final repair.