What Is The New York Lemon Law
The New York Lemon Law applies to new cars and motorcycles, both purchased and leased, which suffer a non-conformity a defect or condition, which substantially impairs the use, value or safety that has been addressed a substantial number of times by an authorized manufacturer’s dealership. This nonconformity must first occur within the first 24 months or 18,000 miles, whichever comes first.
The New York Lemon Law also applies to vehicles that are in the shop for repair thirty or more calendar days within 18,000 miles or the first two years, whichever comes first.
It’s important to note that even if your car falls outside of the limitations established by the NY Lemon Law, there are still Federal Breach of Warranty Laws which apply. If your car has an original or extended manufacturer’s warranty and has a problem that can’t be fixed after three repair attempts, chances are we can help you.
Feel free to review the New York Lemon Law Statute. The New York Lemon Law can be confusing and is open up to numerous interpretations if you don’t understand how it works. If you are driving a defective vehicle and you want to find out if you are entitled to cost-free legal help, we urge you to submit a question online, or reach out to us for a free case evaluation.
Are Used Cars Covered Under The Ny Lemon Law
We represent consumers with used cars under the MagnusonMoss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the NY Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturer’s warranty.
Also, if a dealer misrepresents a car at the time of sale, lying about accident history or not disclosing lemon or salvage history, you may have rights under the New York Unfair Trade Practices Act. If this has happened to you, email us as soon as possible, and we will be happy to assist you.
What To Do If You Have A Lemon
Call our toll free telephone number , or complete our free lemon law case evaluation. If we agree to represent you, we will submit your claim to the manufacturer, negotiate a settlement and get you money for your defective car, at no cost to you. Should the automobile manufacturer refuse to comply with lemon law requirements, we will promptly file suit on your behalf to seek compensation under the New York Lemon Law and Federal Warranty Act. If your case settles, all fees and costs are paid by the manufacturer. Regardless of the outcome, you never pay any fees or costs.
New York Lemon Law Basics
The New York lemon law covers any consumer who purchases, or leases, and registers a new motor vehicle or motorcycle in the state. Under the New York Lemon Law your car or bike may be declared a lemon if it meets all of the following conditions:
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How Do I Get Redress Under The New York Lemon Law
The New York Attorney Generals Office website has links to Request for Arbitration forms that can be downloaded, filled out and submitted either via post or email. You can also work with an attorney to help file a lemon law claim.
An attorney can help you gather the documentation you need to show that you have complied with the laws requirements to seek repairs and compensation. If you have not taken the proper steps before you can file a claim under the lemon law, a lawyer may be able to help you first take these steps and gain compensation from the manufacturer or dealer.
New York Lemon Law Rights Consumer Guide
New York Lemon Laws and the federal Lemon Law provide for compensation to New York consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RVs, boats, computers and other consumer appliances and products. To qualify under the New York Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturers factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. The following comments briefly explain the New York Lemon Law and how it applies to you.
This message is not a substitute for contacting a lawyer who can best advise you of your rights. If you think you qualify for a Lemon Law, click here for a free New York Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
What is the Purpose of the New York New Car Lemon Law?Which Cars are Covered by the Lemon Law?
The law covers both new and used cars, including demos, which satisfy the following four conditions:
Are Motor Homes Covered?Are All Leased Cars Covered?
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How Does The Lemon Law Work In New York
The New York car lemon law works somewhat differently for owners of new cars than it does for owners of used cars.
According to the NY New Car Lemon Law, owners of new vehicles are required to allow the manufacturer or licensed dealer who sold the car to make a reasonable number of attempts to repair the issue before processing begins.
A reasonable number of attempts is usually considered:
- Sending the vehicle to the shop at least four times for the same issue OR
- Having the vehicle sit out of service for 30 days or more.
Used car laws in New York require car dealers to include a basic warranty with all car sales, unless the driver specifically opts out of coverage.
Defects for covered issues with the vehicle must be attempted to be repaired a reasonable number of times before the owner can submit paper work under state consumer protection laws. A reasonable number of repairs for owners of used vehicles is counted as:
- Sending the vehicle to the shop at least three times for the same issue OR
- Having the vehicle sit out of service for 15 days or more.
According to the NY state lemon law, vehicle owners should let the manufacturer or dealer who sold the vehicle know about the defect as soon as it starts to cause problems.
The dealer or manufacturer is required by the lemon law to respond to the request for repairs for a covered issue.
The NY Department of Motor Vehicles can help vehicle owners with questions or concerns regarding this process.
Protect Your Rights Protect Yourself
The best way to avoid a catastrophic as-is car purchase is to examine the Lemon Law protections in your state and to thoroughly research any car you plan on purchasing.
If you have more questions about Lemon Law in your state or believe you have a Lemon Law claim, the Robison Lemon Law Group is here to help.
To schedule a no-cost, no-obligation consultation with one of our experienced Lemon Law attorneys, please visit our site or call 386-0831.
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New Car Lemon Law In Ny
- The defect must arise within the two years after the date of original delivery or 18,000 miles, whichever occurs first.
- It must take the dealership an unreasonable amount of times or repair attempts to resolve the defect.
This means 4 or more visits to the dealership for the same problem or has 30 or more cumulative days out of service. The defect must also substantially impair the value of your vehicle
Is My Car Covered
You might have a very problematic vehicle, for whatever reason, but it may not meet the legal definition of a Lemon. First, you must have purchased it from a licensed dealer. Next, you have to check the specific criteria for new and used cars, and what is actually covered. The law sets time and mileage limitations, and the number of repair attempts required before a car can be labeled a lemon.
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Other Protections Under The Law
If the dealer or manufacturer has an arbitration program, you must first attempt to resolve the issue through that means. Otherwise, you may choose to use New York’s arbitration program, or file a lawsuit against the dealer. You must enforce the lemon law within four years of your purchase. Keep detailed records regarding the problems with the car, the dealerships communication with you regarding the matter and all repair attempts. The New York Department of Motor Vehicles requires dealers to provide you with a work order for any repair performed on your vehicle.
Whether the car is sold new or used, if you successfully sue or arbitrate under the New York lemon law, you can also recover the sales tax paid for the vehicle. Submit Form AU-11 Application for Refund of State and Local Sales Tax to the New York State Commissioner of Taxation and Finance within three years of receipt of your refund.
References
New Jersey Dealers Must Adhere To The Following Guidelines When Providing A Warranty For An As
- If the car has 24,000 miles or less, the dealer must provide a warranty for 90 days or 3,000 miles, whichever comes first
- If the car has between 24,000 and 60,000 miles, the dealer must provide a warranty for 60 days or 2,000 miles, whichever comes first
- If the car has between 60,000 and 90,000 miles, the dealer must provide a warranty for 30 days or 1,000 miles, whichever comes first
To qualify under most state Lemon Law protections, the vehicles must meet certain requirements, usually related to how the vehicle is used, the price of the vehicle, the period of ownership, and how many miles the vehicle has been driven.
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What Are Your Rights Under New York Lemon Law
If you qualify under the New York Lemon Law, you have several important rights:
- The right to have the manufacturer replace your vehicle with a similar new vehicle.
- The right to compel the dealer or manufacturer to repurchase your vehicle at the original price of the vehicle, including any finance charges, registration fees and taxes on the vehicle, minus an allowance for the use of the car.
Which Cars Are Covered By New Yorks Lemon Law
There are some specific conditions that must be present for a car to covered by the Lemon Law. The car had to have been purchased in New York for at least $1,500. It had to have been driven less than 100,000 miles when the car was purchased. It had to have been purchased for personal use rather than commercial use, and it had to have been bought from a New York dealer.
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File A Lemon Law Case In Nj Ny Pa Or Md
The Robison Lemon Law Group, LLC provides free consultations to all consumers who believe their lemon law rights may be violated. We are here to help you navigate the lemon laws in your state and provide a step by step guide to the process. If we accept your case, you are not charged for our services as compensation comes directly from the manufacturers.
In addition, we put our years of experience to work by communicating with dealers and manufacturers on your behalf, and we keep you updated every step of the way, so you always know the current status of your case.
What Is A Lemon According To New York Law
A new car that fails to conform to the terms of its written warranty and is unable to be fixed by the dealer within two years or 18,000 is considered a lemon in New York. The lemon law does NOT cover automobile problems that don’t substantially impair its value or are the result of misuse by the owner.
New York also has a used car lemon law, which is pretty unusual. Used car dealers are required to provide a warranty, which serves as the basis of New York’s used car lemon law. For example, a used car with more than 18,000 miles is entitled to a 90 day or 4,000-mile warranty. The warranty coverage requirements include the engine, transmission, and other specific parts and functions.
The following table highlights the main provisions of New York’s lemon law . See Secret Warranties, Recalls, and Lemons and How the New Car Lemon Law Can Help You for more information.
Note: State laws are constantly changing — contact a New York consumer protection attorney or conduct your own legal research to verify the state law you are researching.
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New York Lemon Law Statutes
About Howard A Gutman
Howard A. Gutman has successfully handled over 500 lemon law and automobile breach of warranty cases. Mr. Gutman is the author of a leading article on the lemon law in the New Jersey Law Journal, and recently gave a seminar for other attorneys on the lemon law for the New Jersey Institute of Continuing Legal Education. He was previously employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.
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What Types Of Defects Are Covered By Lemon Laws
Most state lemon laws cover vehicles with a defect or non-conformity that substantially impairs the …
Most state lemon laws cover vehicles with a defect or non-conformity that substantially impairs the use, value, or safety of the vehicle. Every situation is unique and a defect that you might not ordinarily think is substantial, might very well be depending on how it affects you.
For instance, even something that is seemingly as minor as the illumination of a light on your dashboard might signify a larger problem. Or, something like a brake squeak might be substantial if it affects your use and enjoyment of the vehicle. And the federal Lemon Law applies to all warrantied defects, regardless of their effect on the vehicle.
What Is An As
An as-is car sale refers to a sale in which a used vehicle is sold to a buyer in its current condition, with all known and unknown damages and defects. This means that when a car is sold as-is, the seller is often absolved of any responsibility to repair or replace any damaged or defective parts.
Vehicles sold as-is are typically sold without any type of warranty, and the term as-is is often used alongside no warranty. If the vehicle is sold without any express or written warranty, the buyer has no legal recourse to get their vehicle repaired or replaced.
However, just because a car is sold as-is does not automatically mean the car does not have a warranty. In some cases, a car may be sold with visible damage not covered under warranty, but may later experience a malfunction or defect that is covered under warranty. This is why it is so important to know about the different types of auto fraud, like odometer rollback, for example.
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Warranties & Lemon Laws
Buying a motor vehicle is a large expense for most people. If the car is defective, or a lemon, it can cause considerable financial and personal hardship. There are federal and state laws to protect consumers who buy such lemons. These are Lemon Laws. To recover under the lemon law, you must meet certain requirements. You also must follow particular steps. It is important to know your rights under these laws before you buy a new car or certain used cars.
All new cars come with a manufacturers express warranty included in the sales price. By law, the warranty must cover certain parts of the engine and transmission. It must also cover certain parts of the drive axle, brakes, steering, and ignition system. The dealer generally must repair any covered part during the warranty period. The dealer must give you a copy of the written warranty when you buy the car. If you buy a car from a private individual,the Lemon Laws will not apply.
New York has a Lemon Law for new cars and one for used cars. In general, to be covered under either law, you must be able to meet the following conditions:
- The car is primarily used for personal, family or household purposes.
If the car does not conform to the warranty, the manufacturer or its authorized dealer must repair it. They cannot charge you for the repairs. If they cannot repair the car within a reasonable number of attempts, you can request a full refund. You can also request a replacement car instead.