Lemon Law In New York – All You Need To Know

by ECL Writer
Lemon Law In New York

Lemon Law in New York provides consumers with protection against defective vehicles. This law is designed to ensure that vehicle owners receive fair compensation for the time, money, and inconvenience they have to endure when dealing with a problematic car. If you have purchased a new or used vehicle in New York and have experienced repeated issues with it, the Lemon Law may be applicable in your case. This Eastcoastlaws.com article will give you a comprehensive overview of the Lemon Law in New York and guide you through the process of filing a claim if you believe your vehicle meets the criteria for being considered a “lemon.” Whether you’re a new car owner, or you’ve been driving for years, it’s important to understand your rights under the Lemon Law.

Is There A Lemon Law In NY?

Yes, there is a lemon law in New York. The New York State Lemon Law (officially called the New Car Lemon Law) provides protections for consumers who have purchased or leased a new car that has a serious defect or condition that affects the use, value, or safety of the vehicle, and cannot be repaired after a reasonable number of attempts by the manufacturer or its authorized dealers.

Under the New York State Lemon Law, a vehicle is considered a “lemon” if it has a defect or condition that substantially impairs its use, value, or safety, and the manufacturer or its authorized dealers have made a reasonable number of attempts to repair the defect or condition, but it continues to exist. If a vehicle meets the definition of a “lemon” under the law, the manufacturer must either replace the vehicle or provide a full refund to the consumer.

Lemon Law In New York 

The Lemon Law in New York is a consumer protection law that provides protection for individuals who have purchased or leased a new car that has a serious defect or condition that affects the use, value, or safety of the vehicle, and cannot be repaired after a reasonable number of attempts by the manufacturer or its authorized dealers.

Under the New York State Lemon Law, a vehicle is considered a “lemon” if it has a defect or condition that substantially impairs its use, value, or safety, and the manufacturer or its authorized dealers have made a reasonable number of attempts to repair the defect or condition, but it continues to exist. If a vehicle meets the definition of a “lemon” under the law, the manufacturer must either replace the vehicle or provide a full refund to the consumer.

If you believe that your new car may qualify as a lemon under the New York State Lemon Law, it is important to keep detailed records of any repairs that have been made, including the dates of repair, the problems that were reported, and the outcomes of each repair attempt. You should also keep copies of all correspondence between yourself and the manufacturer or its authorized dealers, including letters, emails, and receipts for repairs.

In order to pursue a claim under the New York State Lemon Law, you must first provide the manufacturer with written notice of the defect or condition, and give the manufacturer a reasonable opportunity to repair the problem. If the manufacturer is unable to repair the problem after a reasonable number of attempts, you may be entitled to a replacement vehicle or a full refund.

If you are unable to resolve your dispute with the manufacturer, you may need to seek the assistance of an attorney who specializes in lemon law cases. An attorney can help you navigate the legal process and represent your interests in court, if necessary.

Lemon Law in New York For New Car

The Lemon Law in New York is a consumer protection statute that covers new cars purchased or leased in the state. The law is intended to provide relief for consumers who have purchased or leased a new car that has persistent defects that the manufacturer or dealer cannot repair after a reasonable number of attempts. The purpose of the Lemon Law is to protect consumers from being stuck with a vehicle that is inoperable or unsafe and to ensure that the consumer receives a full refund or a replacement vehicle.

Under the Lemon Law, a new car is considered a “lemon” if it has a defect or condition that substantially impairs its use, value, or safety, and the manufacturer or dealer has been unable to repair the defect after a reasonable number of attempts. The number of attempts required depends on the specific defect, but it typically ranges from four to eight. If a consumer’s car is deemed a lemon, they are entitled to either a full refund of the purchase price, including any taxes and fees or a replacement vehicle of comparable value.

Consumers who believe that they have a lemon car should first try to resolve the issue with the manufacturer or dealer. If the manufacturer or dealer is unwilling or unable to resolve the issue, the consumer can seek legal assistance or file a complaint with the New York State Attorney General’s Office. Additionally, the New York Lemon Law provides for alternative dispute resolution, such as arbitration, to help resolve disputes without going to court.

Lemon Law In New York For Used Car

Used automobile buyers are afforded less protection by the New York State lemon legislation than new car buyers. Only vehicles that are still covered by the original manufacturer’s guarantee or an extended warranty are subject to the lemon law for secondhand cars. Additionally, under the Lemon Law, used automobile purchasers have only 4 years from the date of delivery of the vehicle to file a claim.

If the vehicle is out of service for a total of 30 or more calendar days as a result of repairs for the same defect or condition, the customer may also be entitled to a refund or replacement of the vehicle. However, it’s crucial to remember that the consumer must notify the manufacturer in writing of the flaw or condition and the company’s failure to remedy it after a reasonable number of attempts. Before requesting remedies under the Lemon Law, the consumer must also provide the manufacturer with a reasonable opportunity to fix the flaw or condition.

It’s also important to note that, in the case of used cars, the purchaser must demonstrate that the flaw or condition materially impairs the use, value, or safety of the vehicle and that it is not the consequence of misuse, negligence, or unpermitted modifications or alterations made by the purchaser.

Customers who think their vehicle is a lemon should get in touch with the manufacturer or the dealer to report the issue and ask for repairs. The consumer might choose to speak with a lawyer who focuses on Lemon Law lawsuits if the manufacturer or dealer is unable to fix the flaw or condition. The procedure of requesting remedies under the statute can be facilitated by an attorney, who can also aid the consumer in determining if they have a genuine claim under the Lemon Law.

In conclusion, the New York State Lemon Law covers new and leased vehicles with flaws or conditions that significantly reduce their utility, value, or safety, provided that the flaws or conditions are not the results of misuse, neglect, or unauthorized modifications or alterations made by the consumer. The used-car lemon law, however, only covers automobiles that are still covered by the original guarantee from the manufacturer or an extended warranty.

How Do I File A Lemon Law In NY?

If you believe you have a “lemon” car in New York, there are several steps you can take to file a Lemon Law claim:

  • Document the problem: Keep detailed records of the defects or issues with your car, including the dates and results of each repair attempt, and any communication you have had with the manufacturer or dealer.
  • Notify the manufacturer or dealer: Contact the manufacturer or dealer and provide them with an opportunity to repair the defects. Be sure to keep a record of your communication with them.
  • Seek alternative dispute resolution: If the manufacturer or dealer is unable or unwilling to repair the defects, you may consider using alternative dispute resolution, such as arbitration, to resolve the dispute.
  • File a complaint with the New York State Attorney General’s Office: If the alternative dispute resolution process does not resolve the issue, you can file a complaint with the New York State Attorney General’s Office. The Attorney General’s Office will review your complaint and may take legal action on your behalf.
  • Hire a Lemon Law attorney: If you prefer to take legal action on your own, you can hire a Lemon Law attorney who specializes in consumer protection and can help you navigate the Lemon Law process.

Lemon Law In New York Statute of Limitation

The statute of limitations for the Lemon Law in New York is generally two years from the date of purchase or lease. This means that you have two years from the date of purchase or lease to file a Lemon Law claim in New York unless the manufacturer has a written warranty that provides a longer period of coverage.

It is important to keep in mind that the statute of limitations for the Lemon Law in New York is a strict deadline, and if you fail to file a claim within the two-year period, you may be unable to seek relief under the Lemon Law.

However, if the manufacturer or dealer has knowingly concealed the defect or made false representations about the condition of the vehicle, the statute of limitations may be extended to four years from the date of purchase or lease.

If you believe that you have a “lemon” car in New York, it is important to act quickly and consult with a Lemon Law attorney or file a complaint with the New York State Attorney General’s Office as soon as possible to ensure that you are able to take advantage of the protections provided by the Lemon Law.

How long does the NY lemon law last?

Miles of OperationDuration of Warranty
18,001-36,000 miles90 days or 4,000 miles
36,001-79,999 miles60 days or 3,000 miles
80,000-100,000 miles30 days or 1,000 miles

Cars Covered By The Used Car Lemon Law Include Any Car That:

  • was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND
  • was purchased or leased from a New York dealer; AND
  • had a purchase price or lease value of at least $1,500; AND
  • has been driven less than 100,000 miles at the time of purchase/lease; AND
  • is used primarily for personal purposes.

Warranty Requirements

Auto dealers are required by law to provide you with a written warranty to cover the following parts:

Engine:lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.
Transmission:the transmission case, internal parts, and the torque converter.
Drive Axle:the front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints.
Brakes:master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake calipers.
Steering:the steering gear housing and all internal parts, power steering pump, valve body, piston and rack
Other Parts:Radiator, Alternator, Generator, Starter, and Ignition System (excluding battery)

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