The Lemon Law in New York

New York's New Car Lemon Law covers vehicles (other than off-road vehicles) used mainly for personal, family or household purposes that were bought, leased or transferred in New York or are registered here, while under the manufacturer's express warranty. Protection covers defects during the first 18,000 miles or two years from original delivery, whichever comes first. A reasonable number of repair attempts is presumed if the same defect has been subject to repair four or more times and still exists, or the vehicle has been out of service for repairs for a total of 30 or more calendar days in that period. At the consumer's option, the manufacturer must replace the vehicle with a comparable one or refund the full purchase or lease price plus fees and charges, minus an allowance for use beyond the first 12,000 miles and for damage beyond normal wear. Consumers may use the manufacturer's dispute program or the state arbitration program set up under Attorney General regulations (a filing fee applies). A court may award reasonable attorney's fees to a winning consumer.

1) Report the problem: during the first 18,000 miles or two years after delivery, whichever comes first, the consumer reports the defect to the manufacturer, its agent or an authorized dealer. A dealer that receives the report must forward written notice to the manufacturer by certified mail within seven days. If the dealer refuses to start repairs within seven days, the consumer may send written notice of the refusal to the manufacturer by certified mail, return receipt requested; the manufacturer then has 20 days to start repairs. Keep all work orders, bills and correspondence. (Motor home owners who received written notice of the rule must also report to the manufacturer or dealer by certified mail after two repair attempts or 21 days out of service, giving the manufacturer a final repair chance.) 2) Arbitration: if the manufacturer has its own informal dispute program, the consumer must use it first before the refund-or-replacement remedy applies, but using it does not prevent the consumer from seeking other remedies. Alternatively, every consumer may choose the state's New Car Lemon Law Arbitration Program, which all manufacturers must accept. To use it, the consumer files a Request for Arbitration form with the Attorney General's Lemon Law Arbitration Unit; if accepted, the program administrator (the New York State Dispute Resolution Association) asks for a $250 filing fee, which is returned if the consumer wins. A hearing is set no later than 35 days after the fee is received, and the arbitrator decides within 40 days of that filing date. The decision is binding on both sides, with a limited right of court review under CPLR Article 75. 3) Deadline: a lawsuit under the lemon law must be filed within four years after the vehicle was originally delivered to the consumer.

New York's Used Car Lemon Law requires dealers to give a written warranty on used cars that cost at least $1,500 and were bought after the first 18,000 miles or two years of use. The minimum warranty is 90 days or 4,000 miles for cars with up to 36,000 miles; 60 days or 3,000 miles for cars with more than 36,000 but less than 80,000 miles; and 30 days or 1,000 miles for cars with 80,000 to 100,000 miles. Cars with more than 100,000 miles are excluded if that is stated in writing at sale. The warranty covers major parts, including engine, transmission, drive axle, brakes, radiator, steering, and the alternator, generator, starter and ignition system (not the battery). If the same defect is repaired three or more times, or the car is out of service for a total of 15 or more days during the warranty, the dealer must take the car back and refund the full price (less an allowance for damage beyond normal wear), or offer a comparable replacement the consumer may decline. Any agreement waiving these rights is void.