Legal Question in Consumer Law in New Jersey

Re: Lemon law?

Thos a very serious infraction of the Conusmer protection statutes if true. You would be entitled to 3 times damages and attorney's fees if this can be proven.

Their willingness to merely repalce the vehicle is not enough in my estimation. However, there is never a perfect case, even when they are perfect. The opportunity to quickly replace the car might appeal to you. However if you do choose to settle directly with them, then I think that you should make sure to report this to the state afterwards.

Please feel free to contact our firm and myself to discuss this further if you wish. Thanks and good luck. We can be reached at 1-800-34 NJ LAW

Re: Lemon law?

There is a possibility that you could make a case for violation of the consumer fraud statutes, but there are several explanations for the state of the car when it was sold to you that would not implicate your seller. Also, keep in mind that there is theory, and then there is the real world. If the dealer offered to give you a new replacement and if there are no other damages, it will be very hard to sell a judge on the idea that you should get more.

Consider where you would be if you turn down the new car, the dealer withdraws this offer and then defends with good documentation that says: "We exchanged that car with another dealer. We never drove it except around the lot. As far as we knew, it was brand new. When we found out differently, we offered to replace it as a matter of good will." Of course, one of you would join the "other dealer", but if your dealer's position is factually correct, you will probably not get exemplary damages. So, a win in court would leave you in exactly the same place as the dealer is giving you except that you don't have to pay all those legal fees.

On the facts that you have explained, I would take the dealer's offer. Depending on your intuition about the situation, you can then report the problem to the AG and the BBB just in case there is a pattern.

Re: Lemon law?

You have a great cause of action under the consumer fraud act. You can either file a complaint with the State of New Jersey or you can file a private law suit. I would recommend a private lawsuit because it entitles you to three times the money you lost as a result of the dealership's fraud and reimbursement of your legal fees. Please contact me if you wish to pursue your case. I have extensive experience in this area in representing consumers and have been published in this area of the law.