New York’s Lemon Law provides two forms of relief to an owner of a new car, van or truck - a refund of the purchase price, or a replacement vehicle.  The law also offers a separate right to refund or replacement should the dealer refuse to make repairs. In addition, New York’s Uniform Commercial Code allows car owners to “reject” or “revoke acceptance’ of a new vehicle “soon after purchase” when a substantial defect is discovered. The ability for consumers to do this makes this a rather favorable law compared with those of many other states. In addition, New York offers a limited lemon law for used vehicles.

Not covered are motorcycles, off-road vehicles, and the living quarters of motor homes. Most state lemon laws cover the drive portions of motor homes only.

In order to qualify as a lemon under the New York statute, a vehicle must:

• Be less than two years old and have been driven fewer than 18,000 miles. It should be noted that while vehicles are covered up to 18,000 miles, the refund awarded to the owner, if any, may be reduced due to mileage on vehicles with more than 12,000 miles.
• Be either a new or demonstrator vehicle.
• Have had four or more unsuccessful attempts to repair the defect.
• Alternatively, a vehicle may have been out of service for a cumulative total of more than 30 days without successfully repairing the vehicle.

The 30 day or four repair attempt requirement is waived if the dealer refuses to make repairs. Should this situation occur, the owner may request a refund or vehicle replacement. Owners of cars that qualify as lemons are also entitled to request either a comparable replacement vehicle, or a refund of the purchase price, at their own discretion. Refunds are generally subject to an adjustment based upon the miles driven on the vehicle as well as general wear and tear from normal use.

 In case of a dispute, should the manufacturer have an informal dispute resolution program (i.e., an arbitration program) which complies with the requirements of the federal Magnuson-Moss Warranty Act and the Lemon Law, consumers must by law participate in that program. If they do not do so, the law states the manufacturer may refuse to provide the Lemon Law’s refund or replacement remedy. At arbitration proceedings, consumers and arbitrators must be given a notice entitled the “New Car Lemon Law Bill of Rights” which explains the provisions of the law in non-legalese.

Most manufacturers offer an arbitration program in nearly all states. Both the manufacturer and the owner will be allowed to present their case to an ostensibly neutral arbitrator, who will consider the evidence and rule in favor of one party of the other. Should the manufacturer not offer an arbitration program or decline to offer arbitration, the owner may opt to use an arbitration program offered by the office of the New York Attorney General.

If you are suffering problems with your car, truck or van, you may realize that you need the aid of a competent lawyer. LegalMatch can help find an experienced attorney for you in your area. Confidentiality is secure, all attorneys are licensed, and there is no charge to apply.