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New York

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RV Lemon Law in NY

New York’s Lemon Law covers the motorized portion of new recreational vehicles, but not the living quarters. Items which are not covered include flooring, plumbing systems and fixtures, roof, air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior compartments, and windows other than the windshield and driver and front passenger windows.

RVs covered by New York’s new car Lemon Law must meet four conditions:

  • The vehicle was covered by the manufacturer’s warranty at the time of original delivery; and
  • The vehicle was purchased, leased, or transferred within 18,000 miles or two years from the date of original delivery, whichever comes first; and
  • The vehicle was purchased, leased, or transferred in New York State or is presently registered in New York State; and
  • The vehicle is primarily for personal use (more than 50% of the time).

In order to be considered a “lemon,” the vehicle must meet the following requirements: 

  • Does not conform to the manufacturer’s express warranty
  • Has substantial defects affecting the use, safety or value of the vehicle
  • Has manufacturer’s defects that occurred during the first two years from the original owner’s delivery date or the first 18,000 miles on the odometer (whichever period ends first)
  • Has been taken in four times for the same problem or if it has been out of service for 30 days due to repairs for one or more problems
  • Cannot have problems associated with any modifications that you made

In addition, the federal Magnuson-Moss Warranty Act states that the manufacturer of any product – from your toaster to your lemon RV – must abide by the warranty.

New York Lemon Law has special requirements for motor homes. Once you have taken in your RV for repair twice, or if has been out of service for repair for 21 days (whichever comes first) you have to notify the manufacturer or dealer by certified mail with a return receipt requested. You are required to do this if the manufacturer or dealer mandates this and gave you a written copy of this requirement. Once you give your notice, you can take it in one more time for a total of three repair attempts, or for nine more days (for a total of 30 days), and then seek relief under NY Lemon Law.

As with other types of Lemon Law claims, organization is key to presenting a convincing case. Keep spotless records of every malfunction and problem you have had with your RV since you bought it. Save all of the paperwork that you received every time you brought your RV to be serviced. Catalog the days the RV spent in the shop and out of your possession. Remember, the more organized your evidence is, the more likely it is that your attorney can win your case.

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