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New York Used Car Lemon Law Procedures

The Used Car Lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons.

The law requires dealers to give consumers a written warranty.  This page incorporate a New York State explanatory page with our comments.  Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.

     Unfortunately, there is essentially no penalty for the dealer’s non-compliance so in many cases, they will refuse a refund even if they failed to adequately repair the car.



For that reason, we sometimes use other laws which do have some teeth or penalties.  

Cars Covered by the Used Car Lemon Law Include any car that:

Statutory Warranty Length:

Miles of Operation Duration of Warranty (the earlier of)
18,001-36,000 miles 90 days or 4,000 miles
36,001-79,999 miles 60 days or 3,000 miles
80,000-100,000 miles 30 days or 1,000 miles

    The question of what has been fixed is frequently disputed.  A dealer may suggest it has fixed problem A and another problem B arose outside the New York Lemon Law warranty period.  

Warranty Requirements:

Auto dealers are required by law to provide you a written warranty to covers the following parts:

Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.
Transmission: the transmission case, internal parts, and the torque converter.
Drive Axle: the front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints.
Brakes: master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake calipers.
Steering: the steering gear housing and all internal parts, power steering pump, valve body, piston and rack
Other Parts: Radiator, Alternator, Generator, Starter, and Ignition System (excluding battery)

A Dealer’s Duty to Repair: A reasonable chance for an auto dealer to repair a problem for a used car is considered to be:

Exceptions When an Auto Dealer May Not Be Required to Provide a Refund:

What consumers should do if they become aware of a problem with the car:

CALL (973) 598-1980 for a Free Consultation to Discuss your Rights r

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