New York New Car Lemon Laws

| November 13, 2011

Below are the criteria and process for new car owners to file a claim under New York’s New Car Lemon Law protection. Before filing a claim, check to see if the car fits all four of the following conditions:

  • The vehicle is not used commercially. It auto must be operated primarily for personal use.
  • The vehicle was protected under a warranty at the time of purchase.
  • When the vehicle was purchased, it had less than 18,000 miles and was less than two years old and lastly,
  • The vehicle was either leased or purchased in New York State or is currently registered in New York State.

If your car fits all of the above, then read on.

What Constitutes a New York Lemon Law Claim?

Finding that there is a mechanical problem with the car is not enough to file a claim. The state of New York requires the vehicle owner to contact the manufacturer or seller and request the problem to be fixed. If after four attempts or more to make the necessary repairs the vehicle still continues to malfunction, or if the vehicle owner is unable to drive the vehicle because it is being serviced as a result of the problem for more than 30 days (30 days do not have to be consecutive, it’s cumulative), then the car owner can file a New York Lemon Law claim.

Keep in mind, however, that New York’s Lemon Law is not for frivolous claims such as the tinting on the vehicle is unsightly. The malfunction must be one that “substantially impairs” the car value. Additionally, if the malfunction is caused by the vehicle owner through neglect, abuse or alterations made to the car that are not authorized by the manufacturer the there is no protection afforded under the Lemon Law.

Car Owner Responsibility under the Lemon Law

The minute you notice a malfunction, defect or a condition that significantly reduces the value of the vehicle, notify the manufacturer or its authorized representative (seller) immediately. New York law dictates that the seller must notify the manufacturer within 7 days of the complaint.

If you are having a difficult time in getting the manufacturer to repair the problem, file a complaint with the Department of Motor Vehicles. Keep accurate records of the problem. Be sure to document all conversations, emails and correspondence and keep all of the paperwork associated with the purchase of the vehicle in a safe place for later reference. Keeping meticulous records will help in the event of a lemon law claim.

If after four or more attempts the problem still exists, it’s time for you to file a claim under the New York’s New Car Lemon Law. Download and complete the NY New Car Arbitration Form to start the process.

When completing the form, be sure to submit COPIES of your original documentation and be sure to sign the form. Once it is received in the Attorney General’s office, they will review it for completeness and then forward it over to the New York State Dispute Resolution Association (NYSDRA). After it is sent to NYSDRA you will be notified to submit the appropirate fee (as of May, 2009, the processing fee is $250) to process the claim.

Clarification: When the term “seller” is used in the above article, it is synonymous for “authorized representative.”

Helpful Links:

Arbitration Forms
NY New Car Arbitration Form
NY Used Car Arbitration Form This is the form to use for purchased and leased vehicles.
NY Motorized Wheelchair Arbitration Form

Consumer Guides
NY New Car Lemon Law Consumer Guide
NY Used Car Lemon Law Consumer Guide
Consumer’s Guide to New York Repair Shop Act

Bill of Rights
NYS New Car Lemon Law Consumer Bill of Rights
NYS Used Car Lemon Law Consumer Bill of Rights

Phone Numbers
NY Attorney General Consumer Help Line: 1-800-771-7755

New York Articles
NYC Debt Collection Laws
Lost or Stolen NY EZ-Pass Tag
NY Homeowners Insurance Tips

New York Lemon Law Attorneys
The Unofficial DMV Guide of NY Lemon Law Attorneys

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Category: Automobile, Lemon Law

About the Author ()

Felicia A. Williams is a wife, mother, freelance writer and owner of Tidbits About Money.

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