New York Lemon Law
There are few worse feelings that the sinking feeling you get when you realize that the car you’ve purchased is a lemon. If you live in New York, you may be protected by the state’s lemon law. Here’s a summary of the law:
New cars: Yes
Used cars: Yes
Business vehicles: No
Leased vehicles: Yes
Lemon law period: 2 years/18,000 miles
What is a Lemon Car Under New York Law?
New York lemon law covers new and used passenger vehicles, SUVs, trucks, demonstrators, motor homes, and motorcycles that are purchased or leased in New York. Vehicles covered by New York’s new car lemon law must meet four conditions:
- The vehicle was covered by the manufacturer’s warranty at the time of original delivery; and
- The vehicle was purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever comes first; and
- The vehicle was purchased, leased, or transferred in New York State or is presently registered in New York State; and
- The vehicle is primarily for personal use (more than 50% of the time).
In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first two years from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first)
- Has been taken in four times for the same problem or if it has been out of service for 30 days due to repairs for one or more problems
You are still entitled to relief under New York lemon law if a defect was successfully repaired on or after the fifth repair attempt, or after the vehicle was out of service for 30 days.
New York General Business Law, Article 11-A is the state’s lemon law.
Getting Lemon Justice: New York Lemon Law Relief
New York lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a refund of the purchase price. The manufacturer can deduct an amount for mileage in excess of the first 12,000 miles. The deduction is calculated by taking the mileage in excess of 12,000 miles times the purchase or lease price, divided by 100,000.
A refund typically also includes all charges for dealer preparation, transportation, and installed options; sales tax; license and registration fees; and similar government charges. Extended warranty and attorneys fees may also be reimbursed. Frequently, auto manufacturers will even refund the payments made on the vehicle, although the Attorney General’s official position is that the refund is not mandatory.
Pursuing a NY Lemon Law Claim
Under New York lemon law there are two ways to gain relief: go to court or go to arbitration. For arbitration, you can either take part in the manufacturer’s arbitration program (though the decision is not binding) or participate in the New York State New Car Lemon Law Arbitration Program.
For the state program, the Attorney General’s office will review your application and decide whether or not your claim is accepted for arbitration. If so, you can choose between two different types of arbitration hearings. There is an oral hearing and a documentary hearing.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a New York lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.