Buying a new car is often an exciting experience, but what happens when your brand new car turns out to be a lemon? Fortunately, if you’ve purchased or leased a vehicle in New York State that has significant defects, the New York State New Car Lemon Law offers vital legal protection. This law ensures that consumers are not stuck with faulty vehicles and provides a clear path to resolution, covering both new cars and certain used vehicles under specific conditions.
Under the Lemon Law, you may be eligible for participation in New York’s arbitration program, potentially leading to a refund or a replacement vehicle. To qualify for this protection, several key conditions must be met. Firstly, your new car must not be living up to the terms outlined in its written warranty. Secondly, you must have attempted to resolve the issues directly with the car manufacturer or their authorized dealer without success. Finally, despite a reasonable number of repair attempts, the manufacturer or their agent must have been unable to fix the defects in your new car.
For your new car to be fully protected under the New York Lemon Law, it needs to satisfy all of the following criteria: At the time of its original delivery, the car must have been under a manufacturer’s warranty. Crucially, the car must have been purchased, leased, or transferred within either 18,000 miles or two years from the original delivery date – whichever comes first. Furthermore, the purchase, lease, or transfer must have occurred within New York State, or the vehicle must be presently registered in the state. Lastly, the car must be primarily used for personal purposes to be eligible for Lemon Law coverage.
Understanding what constitutes a “reasonable” number of repair attempts is essential. The law provides clarity on this, outlining two scenarios. A reasonable number of attempts is considered to have been made if either of the following conditions is met: The problem persists even after four or more attempts to repair it. Alternatively, if the defect is so severe that your new car is out of service and unusable for a cumulative total of 30 days or more due to the repair issues.
However, there are specific situations where a manufacturer or their agent may not be obligated to provide a refund or replacement for your new car. These exceptions are limited to either of the following circumstances: If the defect in question does not significantly reduce the car’s market value to you, the consumer. Or, if the problem is a direct result of abuse, neglect, or unauthorized modifications made to the car after purchase.
If you are experiencing problems with your new car, it is important to act promptly. You should immediately report any defect or issue directly to the car manufacturer or their authorized dealership. If you initially notify the dealer, they are legally required to forward a written notice to the manufacturer within seven days. It is also crucial to maintain meticulous records of all your complaints, including copies of all work orders, repair bills, and any correspondence related to the issues with your new car. Should you encounter any difficulties in obtaining repair orders, you can contact the Department of Motor Vehicles for assistance at 518-474-8943.
To formally request arbitration under the New York Lemon Law, you will need to complete a specific form. In this form, provide a concise yet thorough description of the problems you are experiencing with your new car. Answer all questions accurately, paying particular attention to dates and mileage. You can submit the completed form via email to [email protected] or by mail to:
Office of the New York State Attorney General
Lemon Law Unit
28 Liberty Street
New York NY 10005
By understanding your rights under the New York New Car Lemon Law and following these steps, you can effectively navigate the process and seek a fair resolution for your defective vehicle.
