Due to a hectic schedule or frustration from so many return visits, it is easy to give up and let that time lapse. However, even with just one visit missing, you may inadvertently let the manufacturer off the hook for a vehicle that really should be repurchased or replaced. This is why it is so crucial to enlist the help of a New York lemon law attorney so you do not make this mistake and ensure the dealer or manufacturer is held responsible.
Our experienced lemon law attorneys know every detail of lemon law and can ensure that no small errors are made that can damage your claim. Additionally, many manufacturers when approached by a consumer with a lemon law issue, try to offer minimal compensation to free themselves from liability. With the guidance and knowledge of our attorneys, you can ensure that you are fully compensated.
What Are New York’s Lemon Laws?
NY Lemon Law and Breach of Warranty protect consumers who purchase or lease a vehicle that requires repetitive visits to the dealership or more than a month out of service for the same substantial defect. If this is the case, you may be entitled to a repurchase, replacement or cash settlement.
Why You Should Hire a New York Lemon Law Lawyer
You have the right to represent yourself as the owner of your car pursuing a lemon law claim. However, you should know that manufacturers and dealers are fully prepared to deal with such claims and will do everything they can to minimize or eliminate their responsibility for defective vehicles.
Going up against big companies such as car manufacturers and dealerships can be time-consuming, costly, and stressful if you don’t have a complete understanding of the Magnuson-Moss Warranty Act and New York lemon laws.
Additionally, dealerships and manufacturers have far-reaching legal and financial and can easily leave consumers confused and overwhelmed. Just one mistake or a missed deadline or appointment can cost you the compensation you deserve. That’s why hiring a qualified New York lemon law lawyer can benefit you.
Along with their years of experience and legal expertise, a lemon law attorney in New York can:
- Navigate the complex federal and state lemon laws in order to hold manufacturers and dealers responsible for vehicles that meet the state’s lemon law requirements. (see below)
- Put together all of the necessary documents needed in your lemon law claim. This will include lease or sales agreements, timelines and records of reasonable repair attempts, the manufacturer’s warranty, and more. All of this documentation is needed to win your claim and will be the most important evidence needed to win.
- Negotiate and communicate directly with dealers and manufacturers. It’s very common for car companies to intimidate or placate individual consumers during negotiation. Keep in mind that they’re dealing with many claims just like yours and have years of experience in mitigating their responsibility for defective vehicles. However, a qualified lemon law attorney will be able to resolve your claim through strong negotiations or litigation if necessary.
- Advocate for the compensation you deserve. Under New York laws, an attorney will fight for a vehicle repurchase (also known as a buyback) or a cash settlement on your behalf.
New York Lemon Law Requirements:
For all New York lemon law claims, the following criteria for defective vehicles must be met:
- Defect must arise within the first 2 years or 18,000 miles
- The vehicle must be returned to the dealership an unreasonable amount of times:
- 4 visits to the dealership and the defect continues
- 30 or more cumulative days out of service. These can be non-consecutive days.
- It is highly favorable if the required visits or days out of service occur within the first 2 years or 18,000 miles.
- The defect must substantially impair the value of the vehicle
Examples of defects that fall under New York Lemon Law
- Failure to start
- An electrical defect that causes your battery to drain
- Loss of power on acceleration causing the vehicle to stall
- Brake failure
Magnuson-Moss Warranty Act Requirements
- The defect must arise during the manufacturer’s original warranty period
- You must return at least once during this period for the defect
- This is a strict requirement, even one day or one mile after the warranty expires put you outside the coverage for breach of warranty
- The vehicle must be delivered to the dealership too many times for the same problem:
- This means 3 or more visits to the dealership; or
- 30 or more days out of service
Some examples of defects that fall under Breach of Warranty are*:
- Transmission impairments, such as hesitation on acceleration or failure to shift gears
- Electrical failures
- Alignment and suspension defects
- Screeching or brake noises
- The failure of the manufacturer to pay for a warrantable defect causing you to pay out of pocket for repairs
*The items included in this may also qualify for lemon law depending on the severity of the defect
Call For a Free Consultation With Our NY Lemon Law Attorneys
Our lemon law attorneys are ready to fight for your rights and to ensure that you receive the compensation you deserve. The complex lemon law requirements can make it easy for a manufacturer to escape liability, so call today for a free consultation for a full explanation of your rights and information on how best to enhance your claim.