What is the Lemon Law in NY?
New York’s Lemon Law is intended to provide those who purchase (or lease) new cars with protections. If your car does not conform with its warranty and the manufacturer or your dealer cannot repair it within what is considered a reasonable number of attempts, you are entitled to either a full refund or a new replacement vehicle comparable to the original. The terms related to reasonable here include:
- Your car cannot be repaired within four attempts or is out of service for 30 days total.
- The car problem arises within 18,000 miles or within two years of ownership (whichever comes first).
The statute of limitations (the maximum amount of time you have to bring a lawsuit) for a car that’s a lemon in New York is four years from the date it was originally delivered to you.
How does a car qualify for Lemon Law?
As long as all of the following apply to your new car, the Lemon Law applies:
- Your car was covered by the manufacturer’s new car warranty when you originally purchased it.
- You purchased or leased your new vehicle in New York, or it is currently registered in New York.
- You use your car primarily for personal driving purposes.
Watch Attorney Emma Robison explain the New York Lemon Law:
New York Lemon Law Requirements
New Car Lemon Law in NY
- The defect must arise within the two years after the date of original delivery (when the vehicle was purchased) 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
Are used cars covered under the NY Lemon Law?
New York's used car lemon law applies to used vehicles purchased from a dealership that have serious issues. While problems can arise at any time, it is important to return to the selling dealership at the first sign of a defect as your lemon law rights are dependent on it. More information is listed below, but the lemon law coverage for used vehicles is, at the most, for 90 days, so time is of the essence.
Used Car Lemon Law Requirements
- The vehicle must be purchased from a dealership; personal sales do not qualify.
- There must be less than 100,000 miles on the car at the time of purchase.
- The vehicle’s purchase price must be greater than $1,500.
- The dealership is required to provide a “lemon law warranty” and the defect must arise within that warranty period.
- You must also return to the dealership no less than 3 times for the same problem within the warranty period or have the vehicle out of service for greater than fifteen cumulative days.
The lemon law warranty period is based on the mileage at the time of purchase and is as follows:
- 90 days or 4,000 miles for vehicles with 18,001-36,000 miles
- 60 days or 3,000 miles for vehicles with 36,001-79,999 miles
- 30 days or 1,000 miles for vehicles with 80,000-100,000 miles
The defect must substantially impair the value of the vehicle.
Used Car Lemon Law Coverage
Lemon law coverage must include at least:
- The engine, including lubricated parts, cylinder heads and more
- The transmission, including all internal parts
- The drive axle, including all shafts and joints
- The brakes, including wheel cylinders, hydraulic lines, disc brake calipers and more
- The radiator
- The steering components, including the valve body, power steering pump and more
- The alternator, generator and starter
Breach of Warranty
- If a vehicle is outside the new car lemon law limits, it may still be covered under the Magnuson-Moss Warranty Act.
- If the vehicle is still covered by the original manufacturer’s warranty, you may have a claim.
Like lemon law, the defect must be subject to repair an unreasonable amount of times, including either:
- 3 visits to the dealership for the same problem
- 30 or more cumulative days out of service
If a defect arises within the warranty period and continues thereafter, the manufacturer may still be responsible.
Damages under breach of warranty include the diminished value of the vehicle or the difference at the date and time of purchase between the vehicle you purchased and the vehicle you ultimately received.
Exceptions to NY Lemon Laws
- The vehicle must be used for personal or household purposes. Commercial vehicles are not covered.
- If the problem is the result of abuse, neglect or an aftermarket component you added to the vehicle, you do not qualify.
- Motor homes are covered under the law, except as to defects in the systems, fixtures, appliances or other parts that are residential in character.
- Motorcycles are covered, but off-road vehicles, such as ATVs, are not.
- A new car lemon law claim must be filed within four years from the date the vehicle was first put into service.
- Extended warranties or service contracts are not included under breach of warranty.
- Leased vehicles are also not covered by breach of warranty.
NY Lemon Law FAQ
New York Lemon Law Cases
Vehicles with door lock failures, engine defects and consistent stalling have been repurchased or replaced under NY Lemon Law due to the diligence and hard work of our attorneys. While there are no guarantees under Lemon Law, you can safeguard your claim by speaking with one of our experienced attorneys today at no cost to you. If you don't live in New York, you can check out our information on other states, including New Jersey Lemon Law, Pennsylvania Lemon Law, and Maryland Lemon Law.
Talk to an experienced Lemon Lawyer in NY and Get a Free Case Evaluation
It can often be difficult to properly document all visits and calls to a dealership for a defective vehicle, so it is important to talk to an experienced attorney today about how to best protect your claim. Even if you think it is premature, our attorneys can help guide you in what next steps to take and documentation to obtain to ensure that should your vehicle be a lemon, you have the information needed to prove it. Best of all, all consultations are free, so there is no reason not to act today.
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