Some experts claim that the only true car warranty available to consumers is the warranty that comes with a car when it is sold new. A manufacturer’s warranty, or new car warranty, is a type of car manufacturer’s guarantee. It generally states that if problems occur within a certain period of time or number of miles after the buyer purchases it, the manufacturer will assume responsibility for the repairs.
A new car warranty also gives the purchaser of a new car the confidence that the manufacturer stands behind their product and that it is designed to last. Vehicle warranty laws endorse this promise by the manufacturer and the dealer.
In New York, all new cars must be sold with a manufacturer’s express warranty at no extra cost to the buyer. The warranty is required by law to cover certain parts of the engine and transmission as well as certain parts of the drive axle, brakes, steering, and ignition systems. The buyer must receive a written copy of the warranty when they buy the car.
New York law provides that the dealer that sold a car with a warranty must make any repairs of the parts covered by the warranty during the warranty period.
If a dealer were to refuse to repair a part covered by a new car warranty, the buyer would have grounds for an auto warranty lawsuit claiming breach of warranty.
New York also has a “Lemon Law” that applies to both new and used cars. For the Lemon Law to apply to a new car, the following conditions must be met:
- The car must have been covered by a manufacturer’s new car warranty when it was originally purchased.
- The current owner must have purchased or leased the car either within the first 18,000 miles or 2 years of its original delivery.
- The sale or lease price of the car was at least $1,500.
- The car is currently registered in New York and was purchased or leased there.
- The car is used mostly for personal purposes.
The law applies to any defect or condition that substantially impairs the car’s value. In plain language, this means that there must be a serious mechanical problem with the new car. Or, there could be a number of small issues that add up to a big problem. The problem or problems must not have been caused by abuse or neglect of the car. If an owner modifies the car, this could mean that the Lemon Law does not apply to it.
If the car meets all of the conditions and is not as warranted, the manufacturer or dealer must repair it at no charge to the owner. If the responsible entity is not able to repair the car after making a reasonable amount of effort, the owner may ask for a full refund. Or, the owner may even ask for a replacement with another car entirely.
Of course, selling a vehicle “as is” usually means that the seller does not warrant the vehicle’s condition. A legal consultation in New York would be helpful to understanding “as is” sales of vehicles.
What Kinds of Warranties Might Apply to My Car in New York?
According to the experts, every kind of warranty other than a new car warranty is nothing more than a prepaid service plan or a prepaid maintenance plan. It is a mistake of terminology to refer to it as an “extended warranty.”
Be that as it may, a prepaid service plan is a form of insurance. A car owner pays a monthly fee in order to avoid having to pay a huge bill in the event that something big and expensive goes wrong with their car after the original new car warranty expires. If the vehicle requires a repair, the company that offers the prepaid service plan should cover the cost of fixing it.
A prepaid maintenance plan is a type of insurance that covers the routine maintenance that a car should have. The buyer of such a plan hopes that it provides the routine maintenance at a cost that is lower than what they would have to pay a dealer or mechanic to do regular oil changes and the like.
What Are Express Automobile Warranties in New York?
An express automobile warranty is an affirmation of fact or promise by the seller of a car that it conforms to a certain standard of quality. Again, in New York, every new vehicle must come with an express written warranty. It provides that the dealer or manufacturer will repair certain critical components, if they should prove to be defective or break down within a certain period of time after the sale.
What Are Implied Automobile Warranties Under New York Law?
New York’s Lemon Law applies to new and used car purchases. These laws operate as a kind of warranty for car buyers.
To qualify for its protections, the buyer of a new car must have purchased a vehicle as follows:
- Is covered by a new car manufacturer’s warranty since it was originally delivered to the buyer and
- Was purchased, leased, or otherwise transferred to the buyer before it had 18,000 miles on the odometer or before 2 passed since it was delivered and
- Was purchased, leased, or otherwise transferred within the state of New York and
- Has been used primarily for personal purposes.
Regulations issued under the Lemon Law mandate the period of time within which a warranty is valid and the number of repairs a dealer must attempt before the owner can demand reimbursement or replacement.
This law is geared towards new cars bought from manufacturers and licensed dealers in addition to vehicles that may have been sold but are still covered by the manufacturer’s vehicle warranty.
The New York Lemon Law covers used cars only if the following is true:
- The car has fewer than 100,000 miles on it.
- The defective part is specifically covered by the law. It does not cover many parts, such as battery, body, tires, and many others.
In addition, there are traditional implied warranties that apply to car purchases. One is known as the “warranty of merchantability,” which is a promise from the seller of a car that it will work as it should for its intended purpose. So, usually a car should operate reliably and provide transportation to its owner as needed. This warranty does not have to be in writing to be enforceable. It is implied by law in the transaction of selling a car, new or used.
How Can I Enforce My Warranty Rights in New York?
The first step is to write a letter to the entity that issued a written new car warranty, the manufacturer or the dealer. An appropriate contact and their mailing address should be provided in a written, new car warranty. If a person mails their letter, they want to send it certified mail, return receipt requested, because that provides them with proof of the delivery of the letter.
In their letter, a person would identify the problem they have with their car and what remedy the warranty provides for it. The car buyer would demand the remedy to which their warranty entitles them.
If the buyer cannot resolve their dispute with a letter demanding their warranty remedies, they may contact the New York Division of Consumer Protection and file a complaint. The Division offers mediation of complaints with a consumer and a business. A complaint can be filed at www.dos.ny.gov/consumerprotection.
Another option for a car buyer is to consult the Federal Trade Commission website: https://www.consumer.ftc.gov/articles/0252-warranties.
Car buyers may also pursue remedies provided by New York’s Lemon Law; if they do, they have the choice of representing themselves or hiring a lemon law attorney to help them pursue a lawsuit seeking the remedies offered by the New York Lemon Law.
The traditional law of warranties might offer a solution as well. A person would have to file a lawsuit in a civil court to enforce a warranty if the warrantor does not provide the remedy that a warranty promises.
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How Can a New York Auto Warranty Lawyer Help?
An auto warranty lawyer can review a purchaser’s warranty and analyze the facts of their situation. They should be able to tell if a certain defect or problem with a vehicle is covered by the warranty and what remedy the warranty provides in light of all of the circumstances.
In addition, an auto warranty lawyer should be familiar with New York’s Lemon Law and can advise a car owner about whether the Lemon Law offers a remedy. The lawyer should also be able to say whether the traditional law of warranties, express and implied, offer any possible solutions.
Finally, the lawyer would be able to advise the car owner how to get relief from a car manufacturer or dealer, either under a warranty or the Lemon Law.
What Are Some Common Auto Warranty Legal Violations in New York?
The most common warranty violation is likely to be the refusal of a vehicle manufacturer or dealer or the company that provides a prepaid service plan to make repairs on a vehicle when called upon to do so by the purchaser. When a purchaser discovers a defect or the need for repair in a vehicle covered by a warranty or service plan and demands the benefit provided by their warranty or plan, the seller of the warranty or plan may refuse to provide the benefit.
What Should I Do if My Auto Warranty Is Not Honored in New York?
As noted above, even when a vehicle is sold “as is” in New York, if the vehicle proves to be defective, the buyer may send a certified letter to the seller that specifies its defects or the damage it shows. The buyer may request that the seller fund repairs or take the vehicle back and refund the purchase price.
If the seller does not respond satisfactorily, the buyer may file a complaint with the New York Division of Consumer Protection (DCP). The DCP mediates disputes between consumers and businesses. A complaint can be filed online at www.dos.ny.gov/consumerprotection.
Another source of information about car warranties, an individual should consult the Federal Trade Commission at its website, https://www.consumer.ftc.gov/articles/0252-warranties.
New York lawyers would be able to help a new car purchaser draft a persuasive letter that would motivate a seller to honor a new car warranty and resolve the problem without a lawsuit. If not, the lawyer would be able to help a car owner with an auto warranty lawsuit.
The New York State Attorney General also offers an arbitration service to car owners who are refused the repairs that are promised by a warranty or Lemon Laws.
Can an Auto Warranty Be Voided in New York?
New York’s Lemon Law would not apply if the conditions noted above are not met.
In addition, any warranty would be voided by any of the following:
- The Warranty Period Has Expired: New vehicle warranties are only valid for a specific period of time. When the period of time passes, the warranty expires, and the warrantor is no longer obligated to make repairs or address product defects.
- The Warranty Excludes the Defect or Part: A warranty may expressly exclude certain parts or problems, especially if it is a limited warranty. An express written warranty usually specifies the specific problems or qualities that it covers as well as the problems and qualities that it does not cover. In fact, full warranties that cover all repairs or replacements for defects are less common.
- There Was a Lack of Proper Product Maintenance: A car cannot be expected to remain in good repair if the owner does not maintain and care for it in specific ways. If they fail to care for the car as recommended by the manufacturer, the warrantor may declare that the warranty is no longer effective. Of course, the warrantor should explain how to maintain the product correctly.
- The Purchaser Altered the Product Significantly: A car buyer should understand that the repairs they make themselves or those made by a third party may void a warranty. So, if a buyer makes subpar repairs or modifies the parts under the hood in some way, this might void any warranties.
Do I Need a Lawyer for Help With an Auto Warranty Issue in New York?
If you have bought a car that requires repair too soon after you bought it or too often, you want to consult a New York auto lawyer. LegalMatch.com can connect you to a lawyer who can review the facts of your situation and advise you as to which New York laws can provide you with the remedy you need for your vehicle.
