New York Lemon Law
The New York lemon law protects vehicle owners from having to keep defective vehicles sold from the manufacturer or a licensed dealer.
A used car lemon law specifically provides regulations that offer consumer protection rights to new owners of used vehicles, as long at the vehicles meet certain state requirements.
Consumers have the choice of representing themselves or hiring a lemon law attorney to help them file a lawsuit under this law and receive fair compensation for a vehicle deemed a lemon.
State policies under the law dictate the period in which this warranty is valid, how many repairs must be attempted before the vehicle owner can petition for reimbursement and more.
This law is geared towards new cars bought from manufacturers and licensed dealers in addition to transferred vehicles still under the manufacturer’s vehicle warranty.
According to the lemon law definition, only those used cars that have been in their owner’s possession for under the specified period of the warranty can seek recourse under consumer protection laws in New York.
Consumers can watch out for some telltale signs of a lemon before buying a car and signing a contract. Read on for more information about dealing with defective automobiles in New Work.
What is the Lemon Law in New York?
In New York, consumers can initiate the buyback process if their vehicle meets state requirements and if they purchased the vehicle under certain conditions.
Popular options like the 30 day lemon law for used cars and others types of similar warranties are all covered under New York consumer protection laws.
According to federal lemon law to which NY policies adhere, qualified consumers are entitled to a refund of the purchase price or a replacement vehicle of equal or higher value if their vehicle is deemed a lemon within the necessary time period after purchase.
Lemons are considered vehicles that do not conform to the promises made in the manufacturer’s warranty (in the case of new cars) or the car dealer’s warranty (for new and used cars).
The New York State New Car Lemon Law is intended for vehicles that were only recently issued from the manufacturer. To qualify for consumer protection rules concerning defective vehicles, vehicles in New York must:
- Have been covered by a warranty when originally delivered to the owner AND
- Have been leased, purchased or transferred to the owner before it reaches 18,000 miles or two years have passed since the delivery date AND
- Were leased, purchased, registered or transferred within New York state boundaries AND
- Were used primarily for personal use.
Does the New York Lemon Law apply to used cars?
Laws for used cars in New York help protect consumers from being stuck with defective vehicles sold fraudulently by dealers.
The New York Used Car Lemon Law requires that dealers repair any parts covered under warranty that are found to be defective with a reasonable number of attempts or refund the original purchase price to the vehicle owner.
State lemon law regulations governing which used cars are covered by consumer protections policies in New York require the vehicles be:
- Leased, purchased or transferred to the owner before it reaches 18,000 miles or two years have passed since the delivery date and
- Leased or purchased from a New York dealer and
- Worth a minimum purchase price and
- Driven less than 100,000 miles at the time of purchase and
- Used primarily for personal use and not commercial uses.
The New York lemon law warranty for used vehicles does not last as long as the warranty for new vehicles. Dealers should offer the following warranties on vehicles:
- Vehicles with between 18,001 and 36,000 miles: Warranty for 90 days or 4,000 miles, whichever is sooner.
- Vehicles with between 36,001 and 79,999 miles: Warranty for 60 days or 3,000 miles, whichever is sooner.
- Vehicles with between 80,000 and 100,000 miles: Warranty for 30 days or 1,000 miles, whichever is sooner.
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.
Vehicle owners should remember to keep records of all repair requests, descriptions of the problems as they occur, cost receipts, etc. that pertains to the vehicle and its defects.
The NY Department of Motor Vehicles can help vehicle owners with questions or concerns regarding this process.
New York Lemon Law Lawyers
Many vehicle owners choose to hire a lemon law attorney when they realize they have been sold a defective vehicle to make sure they receive the reimbursement they are due. Sometimes, meeting the initial lemon law definition is a challenge for vehicle owners for example.
An experienced lemon law lawyer can help a vehicle owner who believes he or she has purchased a lemon to meet the necessary state requirements and repair attempts to be eligible for consumer protection processes.
They can make sure that the vehicle owner keeps the documentation needed to move forward with the process and request due compensation.
It is also common for lemon law attorneys to be of great help to vehicle owners who believe they may not be able to get a fair amount of compensation for a vehicle that is deemed a lemon.
While both state and federal lemon laws require that manufacturers or dealers either pay back the original purchase price or offer a replacement vehicle of equal value, the refund amount does not include eligible deductions.
These deductions generally subtract value for “excessive use” or damage of the vehicle not related to the defect causing the reimbursement.
An experienced legal representative can assure that the vehicle owner receives a fair appraisal of the current value of the defective vehicle.
How to Tell if Your New Car Is a Lemon
The lemon law buyback option exists because it is exceedingly difficult to pick out a defective vehicle before significant use.
Because use of the vehicle is only possible after purchase, the lemon law warranty allows consumers the chance to break the vehicle in and test for any serious defects.
When shopping for a new car, consumers should first do some research to make sure that the model they have in mind has not suffered from any recalls or serious complaints at the Better Business Bureau (BBB).
Furthermore, shoppers of both used and new vehicles can watch out for the most common problems causing vehicles to be deemed as lemons, including:
- Gas and mileage defects.
- Electrical system defects.
- Engine defects.
- Shifting defects.
- Steering defects.
When purchasing a used car, buyers should request a vehicle history report before making any decisions.