New York’s lemon laws are consumer protection laws that provide remedies for consumers who have purchased or leased a new or used vehicle from a dealer that turns out to be a “lemon.” A lemon is a vehicle with significant defects that cannot be repaired within a reasonable number of attempts.
Under New York’s lemon laws, a vehicle is considered a lemon if it has a defect that substantially impairs the use, value, or safety of the vehicle, and the manufacturer or dealer cannot fix the defect after a reasonable number of attempts.
A person’s vehicle may qualify as a lemon under these laws. If so, they may be entitled to a replacement vehicle or a refund, as well as compensation for any expenses they incurred as a result of the defect, such as the cost of towing and or using a rental car while their lemon was in the shop.
To take advantage of New York’s lemon laws, a person must follow the procedures set out in the laws, which typically involve providing written notice to the manufacturer or dealer and allowing them an opportunity to repair the defect. If the manufacturer or dealer is unable to repair the defect, a person may then be able to file a lawsuit to seek relief.
A person may want to consult with a lawyer if they believe they have purchased a lemon and want to pursue a claim under New York’s lemon laws. The law is quite technical in certain respects, and a lawyer can help a person understand their rights and figure out if they are entitled to a remedy under the lemon law or whether some other type of action might better serve their purposes.
Does the New York Lemon Law Apply to Private Sales?
New York’s lemon law applies only to sales by car dealers. It applies to cars that are bought or leased. They may be new or used cars. But they have to have been bought or leased from a dealer.
Which Vehicles, in Particular, Are Covered by New York’s Lemon Laws?
New York’s lemon laws apply to new and used vehicles covered by a manufacturer’s express warranty and used primarily for personal, family, or household purposes. This includes cars, trucks, vans, SUVs, motorcycles, and motor homes.
The laws do not apply to vehicles used primarily for business, such as delivery trucks or taxis.
What Is the Standard Warranty Length in New York State?
In New York state, the standard length of a manufacturer’s express warranty for a new vehicle is 24,000 miles or two years, whichever happens first.
This means that if a person purchases a new vehicle in New York, they are entitled to have any defects in the vehicle repaired by the manufacturer or the dealer at no cost to the purchaser for 24,000 miles or two years, whichever happens first.
After the express warranty period expires, a person may still be covered by other warranties, such as an extended warranty or a powertrain warranty. These warranties may cover different vehicle components and may be effective for different periods of time.
It is a good idea for a person to become familiar with the terms of their vehicle’s warranty and any other warranties that may apply so that they know what is covered and for how long. They can contact the manufacturer or the dealer for more information if they have any questions about their warranties.
What Are New York’s Warranty Requirements?
In the state of New York, a manufacturer’s express warranty must meet certain requirements to be considered valid. These requirements are set out in the New York General Business Law and apply to new vehicles sold or leased in the state.
Under the law, a manufacturer’s express warranty must:
- Be in writing and be given to the consumer at the time of sale or lease;
- Specify the terms and conditions of the warranty, including the duration of the warranty and the parts and systems that are covered;
- Be easily readable and clearly understandable.
In addition to these requirements, a manufacturer’s express warranty must also:
- Be honored by the manufacturer or its authorized dealers or service agents;
- Provide for the repair or replacement of any covered parts or systems that fail to conform to the warranty.
If a manufacturer’s express warranty does not meet these requirements, it may not be considered valid, and the manufacturer may not be required to honor the warranty. The purchaser of any vehicle that the warranty might have covered is also free to pursue remedies for problems they experience with the vehicle outside of the warranty.
It is a good idea to carefully review the terms of any manufacturer’s express warranty a person receives with their vehicle to ensure that it meets these requirements and to understand what the warranty covers. If a person has any questions about the terms of a warranty, they may contact the manufacturer or dealer or a local attorney in New York.
How Can I Recover Damages Under New York’s Lemon Laws?
If a person believes that they have a lemon and are considering pursuing a claim under New York’s lemon laws, there are several ways in which they may be able to recover damages.
These damages may include the following:
- A refund of the purchase price or a replacement vehicle: A person’s vehicle may qualify as a lemon under the law. If this is the case, they may be entitled to a full refund of the purchase price or a replacement vehicle of comparable value;
- Compensation for Expenses: A person may be entitled to recover any expenses they incurred due to the defect, such as towing and rental car costs;
- Attorneys’ fees: If a person hires a lawyer to represent them in their lemon law case, they may be able to recover the cost of their lawyers’ fees as part of their damages.
To recover damages under New York’s lemon laws, a person must follow the procedures set out in the laws. This typically involves providing written notice to the manufacturer or dealer and allowing them an opportunity to repair the defect. If the manufacturer or dealer cannot repair the defect, then a person may be able to file a lawsuit to seek relief.
Consulting with a lawyer is the best way to recover damages in your case. The laws surrounding these cases can be complicated, and a person may not want to handle their case alone.
What Is the Statute of Limitations on the Lemon Law?
The statute of limitations for New York’s lemon law is 4 years from the date of the delivery of the car. An action or proceeding under the lemon law must be started within this time period. In addition, the following time and mileage limitations need to be considered:
- New Vehicles: The new car must have required 4 repairs or must have been out of service for 30 days at least within the first 18,000 miles of use or 2 years, whichever comes sooner;
- Used Vehicles: A used car must have required 3 repairs or must have been out of service for 90 days within the first 4,000 miles of use for vehicles that show from 18,001 to 36,000 miles on their odometer at the time of delivery or 60 days and 3,000 miles for vehicles with 36,001 to 79,999 miles at the time of delivery, or 30 days and 1,000 miles for vehicles with 80,000 to 100,000 miles at the time of delivery.
Should I Hire a Lawyer for a New York Lemon Law Case?
If you believe you have a lemon and are considering a claim under New York’s lemon laws, you want to consult a New York auto lawyer for guidance. As you can see, lemon laws are technical. Resolution of a case may involve negotiations with the manufacturer or dealer and, if necessary, filing a lawsuit.
LegalMatch.com can connect you to a lawyer experienced in handling lemon law cases. Your lawyer will help you navigate the process and provide valuable guidance and representation throughout your case.
A lawyer can review the details of your case and help you determine whether you have a valid claim under the lemon laws. If you have a case, your lawyer can help you with the process of providing written notice to the manufacturer or dealer and allowing them an opportunity to repair the defect. Your lawyer can also negotiate with the manufacturer or dealer on your behalf to try to reach a settlement or represent you in court if your case should go to trial.
