New York Lemon Law | Vehicles, Cars, Boats, RVs, Defective Consumer Products | Manufacturer Lemons

Lemon Law - Davis Consumer Law Firm




State Lemon Laws

New York Lemon Law

Qualifications

Vehicle coverage period is within two years from the original delivery date, within 18,000 miles or duration of the vehicle's warranty (whichever occurs first).


Requirements of the law:

  • Must report any vehicle defect either directly to the manufacturer or to its authorized dealer.
    * By law, if the consumer reports to the authorized dealer, the dealer must forward written notice to the manufacturer WITHIN 7 days.

  • Consumer must allow the manufacturer minimum total of four repair attempts to fix the defect(s). Or, if the vehicle was out of service for 30 days or more during the first year for repair and the issue still exists, the consumer may be entitled to either a replacement vehicle or a refund (less a limited allowance for use).

    • If the dealer refuses to repair the vehicle
    If the dealer who sold the vehicle refuses to make repairs, after 7 days, the consumer can notify the manufacturer of the dealer's refusal. Be sure to send the notice via certified mail and keep the return receipt as proof of delivery. The dealer now has 20 days to start repairing the defects. If they are not fixed after the 20 days or the manufacturer still refuses, you may be entitled to a replacement vehicle or refund of the purchase price.


    Vehicles Covered:
  • New cars (including demonstrator cars) for personal use or cars transferred to NY (and registered in New York) within the automobile's first 18,000 miles or 24 months from its delivery date(whichever is earlier)
  • Used Cars
  • Leased Cars
  • New Motorcycles
  • Authorized emergency vehicles
  • Motor homes (except defects in systems fixtures, appliances or other residential characters)

    • New York Lemon Law does not cover off-road vehicles and vehicles registered for commercial use.



    Regardless of the age of the vehicle, if the problems occurred while the vehicle was under warranty and the manufacturer failed the repair the defects in a reasonable amount of time, and the vehicle is not covered under the New York Lemon Law (or if you missed the filing cut off time period), you may still have a case under the federal consumer protection laws or other statutes:

    Magnuson-Moss Warranty Act

    An Act that was designed to ensure that manufacturers of consumer products who offer a written warranty on that product comply and honor the terms of the warranty. The Act provides for a refund or free replacement of the defective product, including attorney fees and all associated costs.

    Uniform Commercial Code

    The UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of consumer products. The UCC does not specifically define a "lemon" and so the outcome of your case may vary depending upon the court decision, as well as your protection under the Magnuson-Moss Warranty Act.

    New York Unfair Trade Practices Act

    In the event a dealer misrepresents a car at the time of sale, withholds information about any accident history or fails to disclose lemon history, consumer protection statutes exist under the New York Unfair Trade Practices Act which provide for recovery of damages and attorney's fees if the court finds any violations.