- Rescission Period: New Jersey law allows consumers to rescind a purchase of a new car within a three-day period from the date of delivery if the car has not been driven more than 100 miles. During this time, the dealer can only charge a reasonable fee for any diminished value of the car due to usage.
- Extended Lemon Law Warranty: New Jersey's Lemon Law offers a longer warranty period than most states. The Lemon Law applies to new cars for a period of 2 years or 24,000 miles, whichever comes first. If a defect covered under the Lemon Law substantially impairs the use of the car, the consumer may be entitled to a refund or a replacement vehicle, regardless of the three-day rescission period.
General Contract Law:
- Breach of Contract: If the car you purchased does not meet the terms and conditions agreed upon in the purchase contract, you may have the right to rescind the contract based on breach of contract. This requires you to demonstrate that the seller or dealer breached a fundamental aspect of the contract, such as the car not being as advertised or not being fit for its intended purpose.
- Mutual Agreement: In some cases, it is possible to return a car after the purchase if both the consumer and the dealer reach a mutual agreement for the cancellation or return of the car. This can involve negotiating terms, such as restocking fees or penalties, to terminate the purchase.
Important Steps to Take:
- Document the Defects: Keep a record of any defects, issues, or problems with the car. Take photos, videos, and maintain any relevant paperwork or emails related to the purchase and any communication with the dealer.
- Contact the Dealer: Reach out to the dealership you purchased the car from to discuss your concerns. Politely explain the problems and explore potential solutions, such as repairs or replacement of the vehicle.
- File a Complaint with Lemon Law Office: If you believe your car is a lemon, you can contact the New Jersey Division of Consumer Affairs' Lemon Law Office to initiate the Lemon Law process. They can provide guidance and assistance in filing a complaint and pursuing your rights under the Lemon Law.
- Consult with a Lawyer: In complex situations or if your attempts to resolve the issue are unsuccessful, it may be best to consult with an experienced attorney specializing in consumer rights or Lemon Law cases. They can evaluate your case and advise you on your options for seeking a resolution.
