New York Lemon Law Guide: Your Rights Under New York Lemon Law

What Is the New York Lemon Law? The New York Lemon Law is codified at N.Y. Gen. Bus. Law § 198-a and provides a statutory remedy for consumers who buy or lease motor vehicles that have substantial defects which the manufacturer cannot repair. The law is intended to protect buyers and lessees of motor vehicles that exhibit safety-related or nonconforming defects that materially impair the vehicle's value, safety, or use. The statute requires manufacturers to establish dispute resolution procedures and, when appropriate, to repurchase or replace defective vehicles. For official consumer guidance, see the New York State Attorney General’s Consumer Frauds Bureau at https://ag.ny.gov/bureau/consumer-frauds-bureau. New York’s lemon law sets specific thresholds for when a vehicle qualifies as a lemon and prescribes remedies, including repurchase refund or replacement of the defective vehicle. The statute also requires manufacturers to make arbitration available to consumers through programs approved by the Attorney General, and it defines the coverage period and other procedural rules that govern claims under the law N.Y. Gen. Bus. Law § 198-a. Which Vehicles Qualify Under New York Lemon Law? Not every vehicle problem is covered by the New York Lemon Law. The law applies to motor vehicles that are sold or leased primarily for personal, family or household use and that are still covered by the manufacturer’s express warranty. New vehicles obviously are covered; used vehicles are covered when they remain within the statute’s coverage period 18,000 miles or two years from original delivery or while an applicable express warranty from the manufacturer remains in effect. In practice this means many used cars that are still under the original manufacturer’s limited warranty may be covered. Commercial vehicles, vehicles used primarily for commercial or municipal work, or vehicles not sold with a manufacturer’s express warranty may fall outside the protections of § 198-a. Whether a particular used vehicle qualifies depends on the age, mileage, and existence of a remaining express warranty. If in doubt, contact a lemon law attorney or the New York Attorney General’s Consumer Frauds Bureau for guidance. How Many Repair Attempts Are Required in New York? Under New York law, a vehicle may be presumed to be a lemon if the manufacturer or its dealer has been unable to repair a substantially similar defect after a set number of repair attempts, or if the vehicle is out of service for a specified period of time. The primary thresholds under N.Y. Gen. Bus. Law § 198-a are summarized in the table below. | Threshold | New York Standard | |---|---:| | Same defect repair attempts required | 4 attempts | | Cumulative days out of service for repair | 30 cumulative calendar days | | Coverage period | 18,000 miles or 2 years from original delivery whichever comes first | | Used vehicles covered | Yes if within coverage period or remaining express warranty | | Manufac