New York State residents are lucky to be protected by one of America’s most comprehensive lemon law statutes. If you live in the Empire State and have been stuck with a defective automobile that the dealer or manufacturer either can’t or isn’t willing to repair, then you need to learn about your rights under New York’s lemon law.
The New York lemon law is found at Chapter 20, Article 11-A of New York’s General Business Law (click here to read the statute’s full text). It is part of the State’s regulation governing motor vehicle manufacturers and, like other U.S. lemon laws, is intended to ensure that consumers have legal remedies enabling them to enforce the warranties that dealers and manufacturers make regarding their automobiles.
With regard to used cars, the New York lemon law also requires that certain used automobiles be sold with warranties of a prescribed length and with a specific minimum degree of coverage.
Basic Requirements of the New York Lemon Law
In New York, the lemon law statute has different rules for new cars, used cars, and motor homes. However, there are three basic requirements that apply throughout the statute, and which must be met in order for a consumer to obtain a lemon law buyback.
First, and most importantly, in order for New York’s lemon law statute to apply the automobile or motor home must have been purchased or leased with a warranty. As with virtually all U.S. lemon laws, vehicles that are purchased without warranties are not covered.
Second, the automobile or motor home must have been purchased or leased for “personal, family, or household” purposes. Thus, if a motor vehicle was purchased for business use, or for resale, it does not qualify for coverage.
Third, if the dealer or manufacturer offering the warranty has an informal dispute resolution program (i.e., an arbitration program) that meets the requirements of New York law, then a consumer must first attempt to obtain a lemon law buyback, or other remedy, through the informal procedure before he or she can file a lawsuit.
New York’s Auto Warranty Rules
In New York, the lemon law’s rules are different depending on whether the motor vehicle is a new or used, or whether it is a motor home. Click on the links below to learn more about the rules for applicable to your vehicle.
Find out whether you are entitled to a lemon law buyback!
New York Consumer Law Attorneys Invited to Participate in This Site
If you are an attorney who is eligible to practice in New York State and who has experience litigating lemon law cases, you are invited to participate in this website by providing additional information, articles, and summaries of New York’s lemon law rules and procedures. If you participate, you will be listed as a lemon law specialist on this website, and will be cited as the author of all material submitted.
To read the minimum qualifications for being listed as a lemon law specialist check the Attorney Contact Form page.