New York Lemon Law
Frequently Asked Questions
Law for New Vehicles | Law for Used Vehicles
What types of vehicles does New York's Lemon Law protect?
New York 's Lemon Law protects buyers and lessees of cars and trucks purchased, leased, or transferred in New York and used primarily for personal use. Motorcycles and motor homes are also covered under the law, but there are limitations on the coverage.
Your vehicle is covered by Lemon Law during the first 2 years of ownership or 18,000 miles of use, whichever comes first.
Is my car a “Lemon” under New York Lemon Law?
Under New York 's Lemon Law, your vehicle is a “Lemon” if it has a defect that substantially impairs the use, market value or safety of the vehicle and which, after "a reasonable number of attempts", cannot be repaired. The law presumes that a reasonable number is four. If the dealer has tried to fix the same problem four times and it still persists, your car may be a “Lemon.”
In the case of a safety defect likely to cause death or serious injury, the vehicle is a Lemon if the defect continues to exist after 2 or more repair attempts during the first year of operation or the term of the express warranty, whichever occurs first.
Your vehicle may also be a Lemon even if the problems are unrelated and the car has been out of service for repair for a cumulative total of 30 days or more – not necessarily all at one time – for any number of unrelated problems.
Do I have rights if my vehicle has gone past the Lemon Law period?
Absolutely. Even if your vehicle has gone past 2 years or 18,000 miles, there are still Federal and State warranty laws that may protect you. And chances are, we can help you.
What's the exact text of New York's Lemon Law?
The exact text of the law is available by clicking here.
What am I entitled to under the Lemon Law?
Depending on the facts, if your car qualifies as a Lemon, you may be entitled to a
- Replacement with an identical or comparable vehicle;
- Refund of the price you paid, less a mileage deduction;
- Reimbursement for other damages or costs if you have receipts;
- Other damages, as well as punitive damages, in certain circumstances.
If the Lemon Law protects me, why won't the dealer or carmaker just refund my money or provide a replacement vehicle?
In the ideal world, the dealers and manufacturers would try to retain your goodwill and quickly remedy the problem. In reality, however, carmakers are extremely reluctant to offer refunds or replacements because it costs them money! They use delay tactics and supposed resolution mechanisms to either get you to go away or put off resolving the problem until the Lemon Law period expires. It is not surprising that that car manufacturers' weasel tactics were the very reason why Lemon Laws were passed in the first place.
Do I need a lawyer to get what I am entitled to under the Lemon Law?
You don't need a lawyer for your Lemon Law claim, but having one will significantly increase your chances of getting what you deserve. Lemon Law can be confusing if you don't understand how it works or how to enforce your rights.
For car companies, producing lemons and frustrating some customers is a cost of doing business. They abide by the law only when faced with a real threat of litigation from a lawyer specializing in Lemon Law. In most of our cases, car makers settle very quickly after receiving a notice from us, because they know that they may be liable for more money if they lose in court.
Why put yourself through this when representation by a qualified attorney is totally free? When you have a repeated problem with a vehicle covered by Lemon Law, contact us at TOLL FREE 1-877-77-LEMON, and we will help you resolve your Lemon Law problem with the manufacturer or dealer. Our services are ABSOLUTELY FREE.
What will Lemberg & Associates do when they get my case?
We will work on your behalf to bring justice to you – we will build your case to achieve settlement in the shortest amount of time.
First, we will conduct an exhaustive investigation of the vehicle's entire repair history;
Second, we will confront the manufacturer by presenting a statement of your case and demand full recovery. If the manufacturer agrees with our position and offers a settlement that satisfies you, your case will be resolved.
Third, if you reject the manufacturer's offer or the case cannot be settled, we will file a lawsuit against the manufacturer on your behalf or go to arbitration.
Why is your service free? How do you make money?
Consumers should never have to pay an attorney for handling a good faith warranty claim. That's why New York 's Lemon Law, as well as the Federal Magnuson Moss Act, provides for attorney's fees to consumers who are successful in their Lemon Law claim. Therefore, most of the time, car manufacturers pay our legal fees as part of a settling your claim. If the claim actually goes to trial, a court will order the car manufacturer to pay our fees. Either way, YOU PAY NOTHING!!
Does New York Lemon Law apply to used cars?
The law does not apply to used cars, but there are other laws that still protect used car purchasers. Under New York's warranty of serviceability, retail dealers of used motor vehicles must certify that the vehicle is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery.
In addition, your vehicle may be protected by New York's Used Car Lemon Law.