New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION
Section 13:45A-26.7 - Application
Universal Citation: NJ Admin Code 13:45A-26.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Application for dispute resolution shall require submission of the following:
1. Information as follows:
i. The name and address of the consumer and
lienholder, if any;
ii. The date of
original delivery of the motor vehicle to the consumer;
iii. The mileage on the date the
nonconformity was first reported to the manufacturer or its dealer;
and
iv. The mileage on the date the
application is mailed back to LLU.
2. A written account of the events resulting
in the dispute, including description of the claimed nonconformity(s) and a
chronology of the repair attempts.
3. A photocopy of the notification of a
potential claim sent by or on behalf of the consumer to the manufacturer after
two or more attempts to repair or 20 calendar days out of service, and a
photocopy of the return receipt signed by the manufacturer's agent.
4. Photocopies of the statements of repair
required by section 6(b) of the Lemon Law, to be given to the consumer by the
manufacturer through its dealer, each time a motor vehicle is returned from
being examined or repaired.
5.
Photocopies of the agreement of sale or lease, including any stated credit or
allowance for the consumer's used motor vehicle, the receipt for payment 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, receipts for
any other charges or fees including but not limited to:
i. Sales tax;
ii. License and registration fees;
iii. Finance charges;
iv. Towing;
v. Rental of a motor vehicle equivalent to
the consumer's motor vehicle for the period when the consumer's motor vehicle
was out of service due to a nonconformity; and
vi. Any other documents related to the
dispute.
(b) The application must contain a statement as to the following:
1. That the consumer believes the motor
vehicle's use, market value, or safety is substantially impaired by the
nonconformity(s) complained of or that the nonconformity is a defect, which is
likely to cause death or serious bodily injury if the vehicle is
driven;
2. That the
nonconformity(s) complained of is not the result of abuse, neglect, or
unauthorized modifications of the motor vehicle by anyone other than the
manufacturer or its dealer;
3. That
within the term of protection the manufacturer, its agent or authorized dealer
failed in at least two attempts, or in the case of a defect that is likely to
cause death or serious bodily injury if the vehicle is driven, one attempt, to
correct the same substantial defect, or the vehicle was out of service by
reason of repair for at least 20 days;
4. That within the term of protection the
consumer gave the manufacturer written notification by certified mail, return
receipt requested, of a potential claim pursuant to the Lemon Law, section
5(b); and
5. That within the term
of protection:
i. The consumer gave the
manufacturer or its dealer at least three attempts, or in the case of a defect
that is likely to cause death or serious bodily injury if the vehicle is
driven, two attempts (including the post-notification attempt) to repair
substantially the same nonconformity and the nonconformity continues to exist;
or
ii. The vehicle was out of
service by reason of repair for one or more nonconformities for a cumulative
total of 20 or more days since the original delivery of the motor vehicle, the
manufacturer has been given the post-notification opportunity to repair, and a
nonconformity continues to exist.
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