The statute of limitations for a lemon law claim in New York is a time period within which a consumer must file a claim. The statute of limitations for a lemon law claim in New York is typically two years from the date of the consumer’s first notification of the defect to the manufacturer.
New York Lemon Law statute of limitations
First Notification
The statute of limitations begins to run from the date of the consumer’s first notification of the defect to the manufacturer. This means that the consumer must notify the manufacturer of the defect within two years of the date the defect was first discovered.
Express Warranties
Under the New York Lemon Law, consumers are protected for the duration of the express warranty, which is typically one year or 12,000 miles, whichever comes first. However, the statute of limitations applies to the time the consumer first notified the manufacturer of the defect, regardless of when the defect occurred.
Implied Warranties
Under the New York State Uniform Commercial Code (UCC), consumers are protected for a reasonable time under an implied warranty of merchantability. Generally, the statute of limitations for a claim under an implied warranty is four years from the date of delivery.
Manufacturer’s Final Repair Attempt
The statute of limitations can be extended if the manufacturer makes a final repair attempt within the two-year period. In this case, the consumer has 90 days from the date of the final repair attempt to file a claim.
Exception For Latent Defects
There are some exceptions to the statute of limitations. For instance, a consumer may have a claim for a latent defect, which is a defect that is not discoverable by reasonable inspection, within two years of the date that the defect was discovered or reasonably should have been discovered.
Legal Representation
It’s important to note that the process of filing a lemon law claim, including determining the appropriate statute of limitations, can be complex, and it’s recommended to seek legal representation. An attorney who specializes in lemon law can help you understand your rights and assist you in filing a claim, ensuring that you are able to do so within the appropriate time frame.
In conclusion, the statute of limitations for a lemon law claim in New York is typically two years from the date of the consumer’s first notification of the defect to the manufacturer. However, the statute of limitations can be extended if the manufacturer makes a final repair attempt within the two-year period, and it also applies to the time the consumer first notified the manufacturer of the defect. There are also exceptions for latent defects and the consumer has 90 days from the date of the final repair attempt to file a claim. It’s important to note that the process of filing a lemon law claim, including determining the appropriate statute of limitations, can be complex, and it’s recommended to seek legal representation. An attorney who specializes in lemon law can help you understand your rights and assist you in filing a claim, ensuring that you are able to do so within the appropriate time frame.
What Is The Purpose Of The Used Car Lemon Law In NY?
The Used Car Lemon Law provides a legal remedy for buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give you a written warranty. Under this warranty, a dealer must repair, free of charge, any defects in covered parts or, at the dealer’s option, reimburse you for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, you are entitled to a full refund of the purchase price. No used car covered by this law can be sold by a dealer “as is.” (A copy of the law may be found at the back of this book.)
Which Used Cars Are Covered By The Lemon Law In NY?
Under the law, a used car is one which satisfies all the following five conditions:
(1) It was purchased, leased or transferred after the earlier of (a) 18,000 miles of operation or (b) two years from the date of original delivery; and
(2) It was purchased or leased from a New York dealer; and
(3) It had a purchase price or lease value of at least $1,500; and
(4) It had been driven 100,000 miles or less at the time¨®of purchase or lease; and
(5) It is primarily used for personal purposes.
Are Motorcycles, And Off-Road Vehicles Covered?
Effective September 1, 2004, used motorcycles are covered vehicles. Motor homes, off-road vehicles, and “classic” cars registered under section 401 of the vehicle and traffic law are not covered.
Who Else Is Protected By The Used Car Lemon Law?
Any person to whom a used car was transferred by the purchaser during the used car lemon law warranty period is covered.
Are Private Sales Covered?
No. If you bought your car from a private individual (rather than from a dealer) you are not protected by the Used Car Lemon Law. You should consult a lawyer for advice as to other possible remedies. If the purchase price was $3,000 or less, you may wish to pursue your claim in Small Claims Court.
Are Car Owned Or Leased By Businesses Covered?
Yes, provided the car is primarily used for personal, family, or household purposes.
Which Used Car Dealers Are Included?
Under the Used Car Lemon Law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve-month period. Banks or other financial institutions, except in the case of a lease, are not included. Others excluded are: a business selling a used car to its own employee; a regulated public utility that sells at public auction cars used in the ordinary course of its operations; a lessor selling a leased car to the lessee, a member of the lessee’s family or the lessee’s employee; and the state and local government or any of their agencies.
Are Cars Purchased At Auto Auctions Covered?
Yes. If you buy a used car at a retail auto auction, the auction company must be a used car dealer registered with the Department of Motor Vehicles and it must provide you with your lemon law rights.
What Does The Law Require The Dealer To Do?
A dealer who sells or leases you a used car is required to give you a written warranty, the terms of which are specified in the law. The warranty may be referred to at times as a lemon law warranty because it is required by the “lemon law” and must be honored by the dealer. This warranty must specify that while it is in effect the dealer or his agent will repair, free of charge, any part covered by the warranty. The dealer may elect to reimburse you for the reasonable cost of repairing any covered part.
When Must The Lemon Law Warranty Be Given?
The dealer must give you a copy of the lemon law warranty at or before the time you sign the sales contract or lease.
How Is The Lemon Law Warranty Given?
The lemon law warranty may be included in the sales contract or lease or on a separate sheet of paper. If it is part of the sales contract or lease, it must be separated from the other contract provisions and headed by a conspicuous title.
