If you live in New York and think you have a Lemon, you’ll be heartened to know that:

  • The New York new car Lemon Law (General Business Law Section 198-a) was enacted in 1983
  • In 2003, New York Attorney General Eliot Spitzer modified the Lemon Law to make it more consumer-friendly; instead of having to prove that a new vehicle’s defect existed at the time of the arbitration hearing, consumers had to prove that the vehicle was not repaired after four attempts
  • In 2004, the New York State Supreme Court rejected a challenge brought by car manufacturers’ to the Attorney General’s amendments to the law
  • Between 1987 and 2005, over $208 million was recovered on behalf of new car owners
  • Between 1990 and 2005, over $12 million was recovered on behalf of used car owners

When are new cards covered by New York Lemon Law? “Cars covered by the law include any car that:· was covered by a warranty at original delivery; AND· was purchased, leased or transferred within the earlier of 18,000 miles or two years from the date of original delivery; AND· was either purchased, leased or transferred in New York State or is presently registered in the state; AND· is used primarily for personal purposes.” The law states that the manufacturer or its agent has to have an opportunity to repair defects: “A reasonable chance for a manufacturer or its authorized agent to repair a problem for a new car is considered to be:· four or more attempts to repair and the problem continues to exist; OR

  • the car is out of service by reason of repair of one or more problems for a cumulative total of 30 days or more.”

Your remedies include a repurchase of the vehicle, replacement with a comparable vehicle or a cash settlement of your claim. Source: Office of the Attorney General