Cameron Miranda
New York's lemon laws protect buyers or lessees of new and used cars that turn out to be lemons – vehicles that don't perform as promised by the warranty. The law also covers motorcycles and motor homes, though there are exceptions for certain parts of motor homes, including the furnace. To be considered a lemon, a vehicle must have been subject to a reasonable number of repair attempts, or have been out of service for a certain number of days.
| Characteristics | Values |
|---|---|
| What is covered | New and used cars, motorcycles, and motor homes |
| Exclusions | Residential parts of motor homes, including the furnace, generator, air conditioner, etc. |
| Conditions | The vehicle must be purchased, leased, or transferred within the first 18,000 miles of operation or two years from the date of original delivery, whichever is earlier |
| The vehicle must be purchased, leased, or transferred in New York state or be registered in New York state | |
| The vehicle must be used for personal or household purposes | |
| The vehicle must be covered by a warranty | |
| The manufacturer or its authorized agent must be unable to repair the car after a reasonable number of attempts | |
| Remedies | Refund, replacement, or diminished value and/or incidental and consequential damages |
| Arbitration | Available through the New York State Dispute Resolution Association (NYSDRA) or BBB AUTO LINE |
| Lawsuit | A lawsuit can be initiated in civil court |
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What You'll Learn
Lemon Law for new cars
New York's Lemon Law offers a remedy for newly purchased cars that are not performing as promised by the warranty. The law covers new cars and some used cars, including demonstrators and motorcycles. It also covers motor homes, except for defects that are residential in nature, such as the plumbing system, air conditioner, electrical systems (except automotive circuits), and windows (except the windshield and front passenger windows).
To be covered by the law, a car must meet the following conditions:
- The car was purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever came first.
- The car was either purchased, leased, or transferred in New York State or is currently registered in the state.
- The car has been used primarily for personal purposes.
A reasonable chance for a manufacturer or its authorized agent to repair a problem for a new car is considered to be either of the following:
- Four or more attempts have been made to repair the car, and the problem continues to exist.
- The car has been out of service for repairs for a cumulative total of at least 30 days.
If your car meets the above conditions and is considered a "lemon," you may be entitled to a full refund, replacement, or significant compensation to reflect the diminished value of the vehicle. You may also be able to seek arbitration or start a lawsuit under the lemon law. It is important to keep careful records of all complaints, work orders, repair bills, and correspondence during this process.
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Lemon Law for used cars
New York's Lemon Law offers protection to buyers of used cars, which is particularly important given the potential risks associated with purchasing pre-owned vehicles. The law is designed to protect consumers from defective vehicles that fail to meet quality and performance standards.
The Used Car Lemon Law protects those who buy or lease used cars from a New York dealer. It requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund or a comparable replacement car. The used car must meet all of the following conditions:
- It was bought, leased, or transferred after 18,000 miles or two years from the original delivery, whichever came first.
- You bought or leased it from a New York dealer.
- Its price or lease value was at least $1,500.
- It had been driven fewer than 100,000 miles when you bought or leased it.
- It is used primarily for personal, family, or household purposes.
The length of the warranty depends on how many miles the car has been driven before you bought or leased it. For example, cars less than two years old with fewer than 18,000 miles are usually covered for 90 days or 4,000 miles, whichever comes first. Older vehicles or those with higher mileage may have shorter warranty periods.
If you believe your vehicle qualifies as a lemon, you can file a complaint with the Attorney General's Office, which can provide assistance and help you communicate with the manufacturer or dealer. You can also enter an arbitration process with the Office of the New York State Attorney General or initiate a lawsuit in civil court. It is important to keep detailed records of all repair attempts, including dates, repair orders, and communication with the manufacturer or dealer.
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Motor homes and lemon law
Motor homes are covered under the New York Lemon Law, except for defects in systems, fixtures, appliances, or other parts that are residential in character. Some items that are excluded from coverage are flooring, plumbing systems and fixtures, the roof, air conditioner, furnace, generator, electrical systems other than automotive circuits, side-entrance doors, exterior compartments, and windows other than the windshield and driver and front passenger windows.
The law defines a motor-home manufacturer as not only the manufacturer but also the assembler of the component parts of the motor home, including the chassis, engine, and residential portion. The assembler may be the dealer.
There are special notification requirements for motor homes, which are designed to afford motor home manufacturers one final chance to repair the defect before consumers can take advantage of the remedies offered by the lemon law. If the motor home has been subject to two repair attempts or has not worked for 21 days because of the defect, the consumer must report this to the manufacturer or its authorized dealer by certified mail, return receipt requested, before seeking arbitration or commencing a lawsuit under the lemon law. The manufacturer or its dealer must then make one more repair attempt (for a total of three attempts) for the same defect, or the motor home must be out of service due to repair for one or more defects for at least nine more days (for a total of 30 days).
If the manufacturer or the dealer refuses to commence repairs within 20 days from the manufacturer's receipt of the "refusal to repair" notice from the consumer, and if the problem substantially impairs the value of the motor home to the consumer, the manufacturer, at the consumer's option, must either refund the full purchase or lease price, or offer a comparable replacement motor home.
If you believe your motor home is a "lemon" and the dealer is not cooperating, you may either enter an arbitration process with The Office of the New York State Attorney General or initiate a lawsuit in civil court.
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Filing a lemon law claim
In New York, the Lemon Law provides legal recourse for buyers or lessees of new cars that have to be brought in for repeated repairs for the same issue or for a significant amount of time for any number of issues. The law also covers many used cars.
To file a New York Lemon Law claim, you must follow proper procedures. This means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice outlines all the problems you disclosed to the service manager. It is also recommended that you keep a personal log of your repair visits and hold on to the invoices.
If you believe your car is a "lemon" and the dealer is not cooperating, you may enter an arbitration process with the Office of the New York State Attorney General or initiate a lawsuit in civil court. You can also choose to resolve the dispute using a state-sponsored arbitration program. The New York Attorney General's Office has such a program. To use the program, you must first complete a "Request for Arbitration" form, which can be obtained from the Attorney General's website or any of the regional offices. If your case is eligible for arbitration, the Administrator will appoint an arbitrator who will hear your case within 35 days.
Alternatively, you can contact an attorney as soon as you suspect you may have a lemon. An experienced Lemon Law attorney will help you gather evidence to support your claim and present it to an arbitration panel. If you are unhappy with the panel's decision, you may file a lawsuit to bring your claim to the courts.
It is important to note that there are statutes of limitation for Lemon Law claims, which differ from state to state. In New York, you must file your case within four years of the date of the car's original delivery.
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Lemon law arbitration
New York's lemon laws offer a remedy for newly purchased cars that are not performing as promised by the warranty. The lemon law also covers used cars purchased from a New York dealer. In New York, a vehicle is considered a lemon if the manufacturer or its authorized dealer agent is unable to repair an issue after a reasonable number of attempts. Under the law, consumers are entitled to a full refund, replacement, or significant compensation to reflect the diminished value of the vehicle as a result of the problem.
To prepare for lemon law arbitration, you must gather documents and paperwork, including purchase documents, warranty papers, and other paperwork. You must also prepare an extensive account of your vehicle's issues and what has happened since you purchased it. It is critical to maintain detailed records and copies that prove your vehicle has a problem (or multiple problems). You are mandated to show that you have attempted to address these problems.
In New York, you can enter the arbitration process with the Office of the New York State Attorney General or initiate a lawsuit in civil court. The lemon law arbitration process is free for consumers, and manufacturers (or manufacturers' groups) must pay for arbitration, including the consumer's attorney's fees.
While I cannot confirm whether a furnace can fall under the lemon law in New York, I can tell you that motor homes are covered under the law, except for defects in systems, fixtures, appliances, or other parts that are residential in character. Some items that are excluded from coverage are the furnace, air conditioner, generator, electrical systems other than automotive circuits, and windows other than the windshield and driver and front passenger windows.
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Frequently asked questions
The New York Lemon Law provides legal recourse for buyers or lessees of new cars that have to be brought in for repeated repairs for the same issue or for a significant amount of time for any number of issues.
New York considers a vehicle a lemon if the manufacturer or its authorized dealer agent is unable to repair an issue after a reasonable number of attempts.
No, a furnace does not fall under the lemon law in New York. The law does not cover defects in systems, fixtures, appliances, or other parts that are residential in character. This includes furnaces, air conditioners, generators, and electrical systems other than automotive circuits.
