I’ve written recently about exclusions under NY lemon law for aftermarket items consumers install on their vehicles. But what about dealer-installed items such as sunroofs, radios, alarms; what if something goes wrong with them?
The answer under New York Lemon Law is quite clear – if the manufacturer’s warranty excludes dealer-installed items, problems associated with them aren’t covered by the lemon law. Period. This was the holding in a recent Appellate Division case of In the Matter of the Arbitration between General Motors Nematullah Sheikh, in which the buyer bought a leaking conversion van. The consumer won at the arbitration level and at the lower trial court, but eventually lost on appeal.
The court basically that the leak was caused by the extensive conversion of the vehicle by the dealer, which was excluded from the warranty.
On these installations my advise is the same as on other after-market items – don’t do them if you can help it.