New York Lemon Law Info – NY Lemon Law Attorneys

What is the Lemon Law in New York?

In the state of NY, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.

What vehicles Are Covered Under the New York Lemon Law?

New York ‘s Lemon Law protects buyers and lessees of cars and trucks purchased, leased, or transferred in New York and used primarily for personal use. Motorcycles and motor homes are also covered under the law, but there are limitations on the coverage.

Your vehicle is covered by Lemon Law during the first two years of ownership or 18,000 miles of use, whichever comes first.

Is my car a “Lemon” under New York Lemon Law?

Under New York ‘s Lemon Law, your vehicle is a “Lemon” if has a defect that substantially impairs the use, market value or safety of the vehicle and which, after “a reasonable number of attempts”, cannot be repaired. The law presumes that a reasonable number is four. If the dealer has tried to fix the same problem four times and it still persists, your car may be a “Lemon.”

In the case of a safety defect likely to cause death or serious injury, the vehicle is a Lemon if the defect continues to exist after 2 or more repair attempts during the first year of operation or the terms of the express warranty, whichever occurs first.

Your vehicle may also be a Lemon even if the problems are unrelated and the has been out of service for repair for a cumulative total of 30 days or more – not necessarily all at one time – for any number of unrelated problems.

Does the New York Lemon Law apply to used cars?

Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the NYS Lemon Law.

Do I have rights if my vehicle has gone past the Lemon Law period?

Absolutely. Even if your vehicle has gone past 2 years or 18,000 miles , there are still Federal and State warranty laws that may protect you. And chances are, we can help you.

What’s the exact text of the NY Lemon Law for New Cars?

The exact text of the law is available by clicking here.

What’s the exact text of the NY Lemon Law for Used Cars?

The exact text of the law is available by clicking here.

What am I entitled to under the NY Lemon Law?

Depending on the facts, if your car qualifies as a Lemon, you may be entitled to a

• Replacement with an identical or comparable vehicle

• Refund of the price you paid, less a mileage deduction;

• Reimbursement for other damages or costs if you have receipts;

• Other damages, as well as punitive damages, in certain circumstances.

Pursuing a NY Lemon Law Claim

Under NYS lemon law, you must notify the manufacturer of the problem with your vehicle after the third repair attempt or after the vehicle has been out of service for 15 days, and give the manufacturer the opportunity to fix it one last time. The demand letter should be sent by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use. If your vehicle has had three or more repair attempts, the manufacturer has 10 days from the day it receives your letter to contact you and arrange an appointment for a final repair attempt.

Before you are eligible to file a Lemon Law claim in court, you must also participate in your vehicle manufacturer’s state-certified dispute resolution process (for example, arbitration, conciliation, or mediation). If you are offered a settlement through the arbitration process, you can decline the settlement and file suit.

If the Lemon Law protects me, why won’t the dealer or carmaker just refund my money or provide a replacement vehicle?

In the ideal world, the dealers and manufacturers would try to retain your goodwill and quickly remedy the problem. In reality, however, carmakers are extremely reluctant to offer refunds or replacements because it costs them money! They use delay tactics and supposed resolution mechanisms to either get you to go away or put off resolving the problem until the Lemon Law period expires. It is not surprising that that car manufacturers’ weasel tactics were the very reason why Lemon Laws were passed in the first place.

Hiring a Lemon Law Lawyer in New York

You don’t need a lawyer for your Lemon Law claim, but having one will significantly increase your chances of getting what you deserve. Lemon Law can be confusing if you don’t understand how it works or how to enforce your rights.

For car companies, producing lemons and frustrating some customers is a cost of doing business. They abide by the law only when faced with a real threat of litigation from a lawyer specializing in Lemon Law. In most of our cases, car makers settle very quickly after receiving a notice from us, because they know that they may be liable for more money if they lose in court.

Why put yourself through this when representation by a qualified attorney is totally free? When you have a repeated problem with a vehicle covered by Lemon Law, contact us at 1-877-77 LEMON, and we will help you resolve your Lemon Law problem with the manufacturer or dealer. Our services are ABSOLUTELY FREE.

What will Lemberg Law do when they get my case?

We will work on your behalf to achieve bring justice to you – we will build your case to achieve settlement in the shortest amount of time.

•  First, we will conduct an exhaustive investigation of the vehicle’s entire repair history;

•  Second, we will confront the manufacturer by presenting a statement of your case and demand full recovery. If the manufacturer agrees with our position and offers a settlement that satisfies you, your case will be resolved.

•  Third, if you reject the manufacturer’s offer and the case cannot be settled, we will sue the manufacturer on your behalf or go to arbitration.

Your Lemon Law Legal Rights

Think you have a lemon? Sit back and let the experts work out your lemon case at no cost to you. The law makes car manufacturers pay legal fees. You may be able to get your lemon out of your life. Every year, auto manufacturers buy back, replace or pay cash settlements to thousands of ‘lemon’ owners like you.