If you can’t believe that the new car you have bought is a lemon, it is high time you come into terms with the situation and make an effort to get compensation. Under New York lemon law, you can get your refund or get that car replaced with a comparable one. The financial burden of a lemon vehicle lies on the manufacturer. They are required by this law to repair any serious defect. And if that defect keeps on recurring after a number of repair attempts, your car will qualify as a lemon and you will be compensated.
Rights and Criteria under this law
Basically, New York’s New Lemon Law authorizes the manufacturer of that car to repair, refund your money or replace that vehicle with a comparable one. This law only covers vehicles used primarily on household or personal use. It does not cover ATVs, motorcycles or the living quarters of an RV. A vehicle that qualifies for cover must meet the following qualifications:
- Registered in New York
- It was under the manufacturer’s warranty at the time of selling it to the manufacturer
- It was leased, purchased or transferred in New York within the first 2 years or 18, 000 miles of purchase or whichever comes first.
New York’s New Lemon Law also covers leased vehicles as well. If you lease a lemon car, you’re entitled to a refund of lease payment plus the amount you paid as down payment, less the service fee for lease agreement. New York State also has a lemon law that cover used cars. This law is called New York Used Car Lemon Law and it covers used vehicles under the dealer’s warranty. The vehicles must cost $1,500 or more or had covered 100,000 miles or less.
Manufacturer’s requirements under New York lemon law
This law gives you the right to receive repair free of charge if the defect is discovered within the first 2 years of purchase or before it passes 18,000 miles. You are required to inform the dealer through a registered mail to have a final repair attempt. The dealer will have up to 7 days to fix the defect. If the defect can’t be repaired after 20 days, or if the car stays for more than 30 days in the repair shop, you will be entitled to a refund or vehicle replacement.
Used Car Lemon Law
You will be protected under the New York Used Car Lemon Law if you purchase a used car with serious defects. The dealer must provide a warranty that covers at least some parts of your vehicle, i.e., the engine, brakes, ignition system or radiator. Under the warranty, the dealer must either reimburse you the repair cost or repair the defect themselves. The length of the warranty given by dealers depends on miles covered by the vehicle at the time of purchasing it.
- If the vehicle had covered 18,001 to 36,000 miles, you will receive a warranty of up to 4,000 miles or 90 day
- If the vehicle had covered 36,001 to 79,999 miles, the dealer must provide a warranty of up to 3,000 miles or 60 days
- If the vehicle had covered 80,000 to 100,000 miles, the dealer must provide a warranty of up to 1,000 miles or 30 days.
Filing a lemon law complaint
Under New York lemon law, you can file your complaint at the office of the attorney general in New York if they fail to comply with your demands. Before that, you must go through any informal dispute arbitration process before taking a legal action against your manufacturer. If you are not happy with the arbitration process, you can hire a lemon law attorney to file a lemon law case against the manufacturer.