what is new york state lemon law

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02-11-2024

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What is New York State Lemon Law? Your Rights When Your New Car is a Lemon

Buying a new car is a big investment, and it's natural to expect it to be reliable and perform as advertised. But what happens when your shiny new vehicle turns out to be a lemon? This is where New York State Lemon Law comes in, offering protection for consumers who purchase defective vehicles.

What is a "Lemon" in New York?

According to New York State Lemon Law, a vehicle is considered a "lemon" if it has a serious defect that cannot be repaired after a reasonable number of attempts. This means the defect must:

• Substantially impair the vehicle's use, market value, or safety
• Occur within the first 18,000 miles of operation or the first 18 months of ownership (whichever occurs first)

What Does the Law Cover?

New York Lemon Law applies to both new and used vehicles, as long as they meet the following criteria:

• Purchased in New York State: The vehicle must have been purchased from a licensed dealer in New York.
• Covered by a manufacturer's warranty: The vehicle must be covered by a manufacturer's warranty at the time of purchase.
• Defective after multiple repair attempts: The defect must have been repaired at least four times without success, or the vehicle has been out of service for a cumulative total of 30 days.

What Rights Do You Have Under Lemon Law?

If your vehicle meets the criteria for a "lemon," you have the right to:

• A replacement vehicle: The manufacturer must provide you with a new or a comparable vehicle, free from defects.
• A full refund: You can choose to receive a full refund of the purchase price, including any trade-in value, financing charges, and taxes.

How Do You File a Lemon Law Claim?

To initiate a Lemon Law claim, you must first attempt to resolve the issue with the dealership. You should:

1. Document all repairs: Keep detailed records of every repair attempt, including the date, the nature of the defect, and the name of the mechanic.
2. Send a written notice: Send a formal written notice to the manufacturer detailing the defect and the repair attempts. This can be done by certified mail with return receipt requested.
3. Negotiate with the manufacturer: Once the manufacturer receives your notice, they have 30 days to respond. You can then negotiate a resolution or choose to pursue arbitration.

Important Considerations

• Deadlines: You must file your Lemon Law claim within two years of the date of purchase or the first time the defect occurred.
• Attorneys: While you can pursue your claim yourself, it's often advisable to consult with an attorney specializing in Lemon Law.
• Arbitration: New York Lemon Law requires disputes to be settled through binding arbitration, meaning a neutral third party will make a final decision.

Beyond the Legal Requirements: Additional Information

• Dealership cooperation: While the law defines your rights, a dealer's cooperation can greatly impact the process. It's beneficial to build a positive relationship with your dealership to ensure you're treated fairly.
• Maintenance records: Keep accurate records of all maintenance and repairs performed on your vehicle. This provides valuable information for your case.
• Know your rights: Familiarize yourself with New York Lemon Law and your rights as a consumer. This empowers you to advocate for yourself effectively.

Resources:

• New York State Department of Motor Vehicles (DMV): Provides information on Lemon Law and consumer protection.
• New York State Attorney General's Office: Handles consumer complaints and enforces Lemon Law.
• National Highway Traffic Safety Administration (NHTSA): Offers resources and information about vehicle defects and recalls.

Conclusion:

New York Lemon Law is a powerful tool for protecting consumers who purchase defective vehicles. By understanding your rights and utilizing the resources available, you can effectively navigate the process and ensure you receive a fair resolution. Remember, you don't have to accept a faulty vehicle - fight for your rights and get the new car you deserve.