Lemon Law And Private Sales: What's The Deal In New York?

Lemon laws are a type of law that holds manufacturers responsible for the defective vehicles they sell. In the US, every state has its own lemon law, and the Magnuson-Moss Warranty Act acts as a federal lemon law. Lemon laws cover vehicle nonconformities, which is a fancy way of saying defects.

In New York, the New and Used Car Lemon Laws offer a remedy for newly purchased cars that are not performing as promised by the warranty. However, the New York lemon law does not apply to private sales. It only covers cars purchased from a dealer (an individual or business that has sold at least three cars in the past 12 months).

Lemon Law does not apply to private sales in New York

The New Car Lemon Law in New York protects those who buy or lease new cars or motor homes that turn out to be "lemons". If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts, you may be entitled to a full refund or a comparable replacement car.

The Used Car Lemon Law in New York 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.

However, it is important to note that only cars purchased from a dealer (an individual or business who has sold at least three cars in the past 12 months) in the state of New York are covered by this law. Private sales are not included.

If you believe that you have purchased a lemon from a private seller, you may still have legal recourse. In such cases, it is recommended that you consult a lawyer for advice about other possible remedies. You may be able to pursue your claim in small claims court, especially if the purchase price was relatively low. Additionally, if you can prove that the seller knew about the issue and actively tried to hide it from you, you may have a case for fraud.

You can sue for fraud but it may be expensive

In New York, the Lemon Law does not apply to private sales. However, if you have been sold a faulty vehicle by a private seller, you can sue for fraud. To prove fraud in New York, a plaintiff must show:

• The defendant made a material false representation
• The defendant intended to defraud the plaintiff
• The plaintiff reasonably relied upon the representation
• The plaintiff suffered damage as a result of their reliance

However, it is important to note that suing for fraud may be expensive. The cost of litigation can quickly add up, and you may need to hire an expert witness, such as an auto mechanic, to testify in your case.

If you are considering suing for fraud, it is important to consult with a local attorney to evaluate your options and the potential costs involved. It is also important to gather as much evidence as possible to support your claim, as the burden of proof will be on you to show that the seller knew about the issue and actively took steps to hide it from you.

In some cases, it may be more cost-effective to seek other forms of redress, such as requesting that the seller takes the car back and refunds your money, or filing a small claims case.

You can request a refund from the private seller

In New York, the Lemon Law does not apply to private sales. However, if you have purchased a car from a private seller and discover a significant issue, you can request a refund from the seller. While the seller is not legally obligated to agree to the refund, you can take certain steps to protect yourself and increase your chances of a successful refund request.

Firstly, it is important to carefully inspect the vehicle or have a trusted mechanic perform an inspection before finalizing the sale. This will help you identify any issues and provide evidence if you need to take legal action. Additionally, keep detailed records of all communications with the seller, including any discussions about the vehicle's condition.

If you discover a problem after the sale, the first step is to contact the seller and request a refund or exchange. It is advisable to make this request in writing, providing detailed information about the issue and any evidence you have. If the seller refuses or is unresponsive, you may need to take further action.

You could consider filing a lawsuit against the seller, claiming fraud or breach of contract. However, this option can be costly, and the burden of proof will be on you to show that the seller knew about the issue and intentionally hid it from you. Alternatively, you may be able to seek a refund through a small claims case, which is typically a more cost-effective option.

To improve your chances of a successful refund request or legal case, gather as much evidence as possible, including repair records, expert opinions, and any relevant documentation. Additionally, consult with a consumer law attorney who can guide you through the process and protect your rights. Remember, each state has different laws and statutes of limitations, so it is essential to act quickly and seek legal advice specific to your situation.

Lemon Law applies to used vehicles purchased from a dealership

In New York, the Lemon Law applies to used vehicles purchased from a dealership. This is known as the Used Car Lemon Law, which requires dealers to provide consumers with a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. The law covers any car that was purchased, leased, or transferred after the earlier of 18,000 miles or two years from the original delivery date, provided that the car was bought or leased from a New York dealer, had a purchase price or lease value of at least $1,500, has been driven up to 100,000 miles at the time of purchase or lease, and is used primarily for personal purposes.

The Used Car Lemon Law protects consumers who buy or lease used cars from a New York dealer that turn out to be "lemons". A "lemon" is a car that doesn't work as promised by the warranty. If a dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.

A reasonable chance to fix the problem is considered to be either of the following:

• Three or more attempts have been made to repair the car, and the problem continues to exist.
• The car is out of service for a cumulative total of 15 days or more due to repairs (although this time can be extended if parts are unavailable).

It's important to note that the Lemon Law does not apply to private sales in New York. If you purchased a used vehicle from a private seller and encountered issues, you may need to explore other legal options, such as a case for fraud or small claims.

Lemon Law covers specific car parts

Lemon laws cover vehicle nonconformities, which is a term used to describe defects. These defects can be related to a vehicle's materials or workmanship, and can include faulty brakes or steering, defective paint jobs, or horrible smells.

In the US, lemon laws are enacted at the state level, with each state having its own specific law. While the exact criteria vary by state, new vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a significant defect that the manufacturer is unable to repair within a reasonable amount of time.

Lemon laws consider the nature of the problem, the number of days the vehicle is unavailable to the consumer for service, and the number of repair attempts made. If repairs cannot be completed within the time period specified by the state, the manufacturer is obligated to buy back the defective vehicle.

It is important to note that lemon laws do not apply to dealerships, as they do not warrant the vehicle. It is the manufacturer that warrants and is responsible for the vehicle.

In addition to state lemon laws, the Magnuson-Moss Warranty Act serves as a federal lemon law, protecting consumers nationwide. This Act covers any consumer product that costs more than $10, including vehicles, and allows for claims to be filed up to four years after a warranty was breached.

Frequently asked questions