Leased Vehicle Issues? Ny Lemon Law May Help You

New York's lemon laws offer a remedy for new and used cars that are not performing as promised by the warranty. The New Car Lemon Law protects those who buy or lease new cars or motor homes that turn out to be defective. 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 refund or a comparable replacement car. The law covers vehicles that were purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever came first. It also requires dealers to give consumers a written warranty and covers leased cars where the lessee is responsible for repairs.

What is the legal definition of a lemon?

Lemon laws are regulations that protect consumers who purchase defective vehicles or other consumer goods that do not meet their expected quality or usefulness. The term "lemon" is mostly used to describe defective motor vehicles, such as cars, trucks, and motorcycles.

Lemon laws apply to defects that affect the use, safety, or value of a vehicle or product. If the product cannot be repaired successfully after a reasonable number of attempts, the manufacturer is required to repurchase or replace it. The specific criteria for what constitutes a "reasonable number of attempts" vary by state.

In New York, the New and Used Car Lemon Laws offer remedies for newly purchased cars that do not perform as promised by the warranty. The New Car Lemon Law covers both purchased and leased vehicles, while the Used Car Lemon Law applies to cars bought from a New York dealer.

To be covered by the New Car Lemon Law, the vehicle must meet the following conditions:

• It was purchased, leased, or transferred within 18,000 miles or two years from the original delivery date.
• It was either purchased, leased, or transferred in New York State or is currently registered in the state.
• It is used primarily for personal purposes.
• The manufacturer or its authorized agent has had a reasonable chance to fix the problem, defined as either four or more repair attempts or the car being out of service for a cumulative total of at least 30 days due to repairs.

The Used Car Lemon Law requires dealers to provide a written warranty and repair, free of charge, any defects 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. This law only applies to cars purchased from a dealer in New York State, with at least three cars sold in the past 12 months, and does not include private sales.

What are the criteria for new and used cars?

The New York Lemon Law applies to both new and used cars, but there are different criteria for each.

New Cars

For a new car to be covered by the New York Lemon Law, it must meet the following criteria:

• Covered by a warranty at the original delivery
• Purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever comes first
• Purchased, leased, or transferred in New York state, or presently registered in the state
• Used primarily for personal, family, or household purposes

A reasonable chance for the manufacturer or its authorized agent to repair a problem is considered to be:

• Four or more attempts to repair the car, and the problem continues to exist
• The car is out of service by reason of repair of one or more problems for a cumulative total of 30 or more days

Used Cars

For a used car to be covered by the New York Lemon Law, it must meet the following criteria:

• Purchased or leased from a New York dealer
• Had a purchase price or lease value of at least $1,500
• Driven less than 100,000 miles at the time of purchase or lease
• Used primarily for personal, family, or household purposes

A reasonable chance for an auto dealer to repair a problem for a used car is considered to be:

• Three or more repair attempts, and the problem continues to exist
• The car is out of service by reason of repair for a cumulative total of 15 days or more (this period may be extended due to the unavailability of parts)

What happens if a car is a lemon?

If a car is deemed a lemon, the manufacturer or dealer may have to buy it back and the title will have to be labelled, which significantly affects the value for resale.

If the car meets the criteria for a lemon, the consumer can choose to receive a full refund or a comparable replacement car. A comparable vehicle is the same year and model with approximately the same mileage as the vehicle being returned. If the consumer chooses a refund, the manufacturer must pay the full purchase price, including fees and charges, minus a mileage allowance for miles in excess of the first 12,000 miles and a reasonable allowance for any damage not attributable to normal wear and tear or improvements.

If the consumer is successful, the arbitrator's decision in their favour must include the return of the filing fee. The manufacturer has 30 days to comply with the arbitrator's decision. If they fail to do so, the consumer can sue to recover a penalty of $25 for each business day of non-compliance, up to $500.

It is important to note that sometimes improved communication and patience can better resolve the problem than a lemon law proceeding.

What should I do if I think my car is a lemon?

If you think your car is a lemon, there are several steps you can take to assert your rights under New York's Lemon Laws.

Firstly, it is important to note that New York's Lemon Laws apply to both new and used cars, as long as they meet certain conditions. For a car to be considered new, it must have been purchased less than two years from its original delivery date and have fewer than 18,000 miles on it.

To qualify for protection under the Lemon Laws, your car must meet the following conditions:

• It was covered by a warranty at the time of original delivery.
• It was purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever came first.
• It was purchased, leased, or transferred in New York State or is presently registered in the state.
• It is used primarily for personal purposes.

If your car meets these conditions, and you believe it to be a lemon, here are the steps you should take:

• Immediately report any defect or condition directly to the manufacturer or its authorized dealer. If you notify the dealer, they are required to forward written notice to the manufacturer within seven days.
• Keep careful records of all complaints, copies of all work orders, repair bills, and correspondence, including emails and phone calls.
• If you are having difficulty obtaining repair orders, contact the Department of Motor Vehicles at 518-474-8943.
• If the dealer refuses to make repairs within seven days of receiving notice, notify the manufacturer in writing, by certified mail, return receipt requested, of the car's problem and that the dealer has refused to make repairs.
• If the problem is not repaired after a reasonable number of attempts, or the manufacturer or dealer refuses to commence repairs within 20 days of receiving notice, and if the problem substantially impairs the value of the car, you may be entitled to a refund or replacement. A reasonable number of attempts is generally considered to be four or more repair attempts, or the car being out of service for a cumulative total of 30 or more days.
• If the manufacturer or dealer is unable to repair the car after a reasonable number of attempts, you may qualify for New York's arbitration program. You can initiate this process by completing a form, which can be found on the website of the Office of the New York State Attorney General, and providing a brief but complete description of your problem. This form can be emailed to nyag.lemonlaw@ag.ny.gov or sent by regular mail to the Office of the New York State Attorney General Lemon Law Unit at 28 Liberty Street, New York, NY 10005.
• If you have questions about your rights under the Lemon Laws or need further assistance, you can contact the Attorney General's consumer helpline at 1-800-771-7755.

What are the exceptions to the law?

There are exceptions to New York's Lemon Law. The manufacturer or agent may not be required to provide a refund or replacement if:

• The problem does not substantially impair the value of the car to the consumer.
• The problem is caused by abuse, neglect, or unauthorized alteration of the car.

In addition, the law does not cover motorcycles and off-road vehicles.

Frequently asked questions