LEMON LAW COVERS
OR DAYS OUT OF SERVICE
|Passenger vehicles purchased, leased, transferred or registered in
New York, off-road vehicles.
||4 repair attempts, 30 calendar days out of service, or for
a substantial defect within 20 days of receipt of notice given by the consumer using certified mail
||2 years or 18,000 miles, first to occur
New York Lemon Law Statute (New Cars)
New York Lemon Law Statute (Used Cars)
New York Attorney General - Lemon Law Brochure (Used Cars)
Using New York State Arbitration Program
WHAT IS THE PURPOSE OF THE USED CAR LEMON LAW?
The Used Car Lemon Law provides a legal remedy for buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give you a written warranty. Under this warranty, a dealer must repair, free of charge, any defects in covered parts or, at the dealer's option, reimburse you for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, you are entitled to a full refund of the purchase price. No used car covered by this law can be sold by a dealer "as is."
WHICH USED CARS ARE COVERED BY THE LEMON LAW?
Under the law, a used car is one which satisfies all the following five conditions:
ARE MOTORCYCLES, MOTOR HOMES AND OFF-ROAD VEHICLES COVERED?
- It was purchased, leased or transferred after the earlier of (a) 18,000 miles of operation or (b) two years from the date of original delivery; and
- It was purchased or leased from a New York dealer; and
- It had a purchase price or lease value of at least $1,500; and
It had been driven 100,000 miles or less at the time of purchase or lease; and
- It is primarily used for personal purposes.
Effective September 1, 2004, used motorcycles are covered vehicles. Motor homes, off-road vehicles, and "classic" cars registered under section 401 of the vehicle and traffic law, are not covered.
WHAT DOES THE PHRASE "PRIMARILY USED FOR PERSONAL PURPOSES" MEAN?
A car is primarily used for personal purposes when its principal use is for personal, family or household purposes. Such purposes include, for example, using the car for household errands or to drive to and from work. A car may be used for mixed personal and business use provided that the personal use is predominant (more than 50% of its usage).