New York’s lemon laws are consumer protection laws that provide remedies for consumers who have purchased or leased a new or used vehicle that turns out to be a lemon or a vehicle with significant defects that cannot be repaired.
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.
If your vehicle qualifies as a lemon under these laws, you may be entitled to a replacement vehicle or a refund, as well as compensation for any expenses you incurred as a result of the defect, such as towing and rental car costs.
To take advantage of New York’s lemon laws, you 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, you may be able to file a lawsuit to seek relief.
It is a good idea to consult with a lawyer if you believe you have a lemon and are considering pursuing a claim under New York’s lemon laws. A lawyer can help you understand your rights and options under the laws and assist with pursuing a claim.
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 you purchase a new vehicle in New York, you are entitled to have any defects in the vehicle repaired by the manufacturer or the dealer at no cost to you for 24,000 miles or two years, whichever happens first.
After the express warranty period expires, you may still be covered by other warranties, such as an extended or a powertrain warranty. These warranties may cover different vehicle components and may have different lengths.
It is a good idea to familiarize yourself with the terms of your vehicle’s warranty and any other warranties that may apply so that you know what is covered and for how long. You can contact the manufacturer or the dealer for more information if you have any questions about your warranties.
What Are New York’s Warranty Requirements?
New York state has certain requirements that must be met for a manufacturer’s express warranty 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.
It is a good idea to carefully review the terms of any manufacturer’s express warranty you receive with your vehicle to ensure that it meets these requirements and to understand what the warranty covers. If you have any questions about the warranty terms, contact the manufacturer or dealer.
How Can I Recover Damages Under New York’s Lemon Laws?
If you believe that you have a lemon and are considering pursuing a claim under New York’s lemon laws, there are several ways in which you may be able to recover damages.
These damages may include the following:
- A refund or replacement vehicle: If your vehicle is considered a lemon under the law, you may be qualified for a full refund of the purchase price or a replacement vehicle of comparable value.
- Compensation for expenses: You may be entitled to recover any expenses you incurred due to the defect, such as towing and rental car costs.
- Attorneys’ fees: If you hire a lawyer to represent you in your lemon law case, you may be able to recover the cost of your lawyers’ fees as part of your damages.
To recover damages under New York’s lemon laws, you 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 cannot repair the defect, you 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 you won’t want to handle your case alone.
Should I Hire a Lawyer for a New York Lemon Law Case?
If you believe you have a lemon and are considering pursuing a claim under New York’s lemon laws, hiring a New York auto lawyer to represent you is generally a good idea. Lemon law cases can be complex and often involve negotiations with the manufacturer or dealer and, if necessary, litigation.
A lawyer experienced in handling lemon law cases can 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
- Assist you with the process of providing written notice to the manufacturer or dealer and allowing them an opportunity to repair the defect
- Negotiate with the manufacturer or dealer on your behalf to try to reach a settlement or resolution of your claim
- Represent you in court if your case goes to trial
Hiring a lawyer can also give you peace of mind and help you feel more confident that your rights are protected. If there are any updates to New York laws, your attorney can provide you with the information and guidance needed for your particular case.
It is important to choose a lawyer familiar with New York’s lemon laws and with experience handling lemon law cases. You can ask for recommendations from friends or family or use an online directory or referral service like LegalMatch to find a qualified lawyer to handle your case.