Motorcycle Lemon Law in NJ

New Jersey has one of the most comprehensive Lemon Laws in the country. Under New Jersey Lemon Law, new motorcycles are covered.

In order to be considered a “lemon,” a motorcycle must meet the following requirements: 

• Does not conform to the manufacturer’s express warranty
• Has substantial defects affecting the use, safety or value of the motorcycle
• Has manufacturer’s defects that occurred during the first two years from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first)
• Has been taken in three times for the same problem or if it has been out of service for 20 days due to a series of unrelated problems
• Defects were not caused by an accident, vandalism, abuse, or neglect
• Cannot have problems associated with any modifications that you made

 

Under New Jersey Lemon Law, you must give the manufacturer written notification, using certified mail with return receipt requested, stating that you may have a claim and that you are giving the manufacturer one last chance to repair the defect.

This letter should be mailed after the second unsuccessful repair attempt or after the vehicle has been out of service for a total of 20 days. The manufacturer has ten days to attempt a final repair. If the defect is not repaired, you have the right to demand a refund.

If the manufacturer doesn’t accept your Lemon Law claim, and will not refund your money or replace your motorcycle, you have three choices: use the Division of Consumer Affairs’ Automotive Dispute Resolution Program; use the manufacturer’s dispute settlement program; or go to court.

It is generally in your best interest to have an attorney represent you. After all, motorcycle manufacturers have teams of lawyers that do nothing but fight Lemon Law claims. As you consider your options, imagine the difference between going up against a team of lawyers on your own, versus having a Lemon Law attorney speak on your behalf. Also keep in mind that being represented by a Lemon Law attorney won’t cost you a dime; the law says that the motorcycle manufacturer has to pay your attorney’s fees in successful Lemon Law claims. This is true even if you participate in the Division of Consumer Affairs’ Automotive Dispute Resolution Program, since the decision is binding to both parties and the manufacturer will be represented by a legal team.