Lemon Law in New York
There's nothing quite like that new car smell, but what if something seems fishy about your new vehicle? Is it making a funny noise? Are you having to take it in every week for repairs? If so, you may have possibly purchased a dreaded lemon.
Is My NY Vehicle a Lemon?
New York is one of the few states with lemon laws that cover both new and used vehicles.
New Cars and the Lemon Law
In order for a new car to be considered to be a lemon:
- The defect must substantially impair the value of the vehicle.
- You must report it within 2 years of delivery or before it passes 18,000 miles.
You may be entitled to either a replacement vehicle or a refund of your purchase price IF:
- The dealer is unable to fix the defect after 4 attempts.
- The vehicle has been out of service for repair or other problems for a total of 30 days.
This law also applies to leased vehicles. If you leased a lemon, you're entitled to a refund of your down payment plus any lease payments you made, minus any service fees that were applied as part of the lease agreement.
Used Cars and the Lemon Law
If you have a used vehicle that experiencing ongoing problems, you may be able to get recovery under the state's used car lemon laws if the vehicle meets the states requirements.
The Used Car Lemon Law entitles you to a replacement vehicle or refund of purchase price if:
- The dealer is unable to amend the problem following 3 attempts to repair.
- The vehicle has been out of service for a minimum of 15 days.
Filing a Lemon Law Claim in New York
Once you've determined that your vehicle meets the criteria of a lemon, you will want to obtain a Request for Arbitration form. The NY Attorney General provides forms for new and used cars.
Once you have filled out the appropriate form, send it to the Attorney General's Lemon Law Unit at the appropriate address for either new or used cars. The address will be listed on your specific form.
Hiring a NY Lemon Law Attorney
When attempting a legal battle with a dealership or manufacturer, you'll want to make sure you have the details down pat.
A great way to ensure getting a successful settlement is to get sound legal advice from an attorney that specializes in lemon law.
Your attorney will understand the details of the lemon law and will have experience working with manufacturers who may drag their feet when asked to refund you or replace your vehicle. Having an attorney on your side gives you leverage to get results quicker.
Tips for Hiring a Lemon Law Attorney
If your vehicle qualifies as a lemon, you can get the help of an experienced lemon lawyer in New York to help you get the refund or replacement you're entitled to. The following are some tips to finding a qualified lemon law attorney:
- Find out about the attorney's experience with lemon law cases.
- Ask about his track record.
- Inquire about fees.
- Get an opinion of your case.