New Yorkers take a risk, however, when it comes to purchasing a pre-owned car. Finding a certified pre-owned vehicle gives the buyer a sense of security as there's a warranty attached to the used car. However, things can still go wrong with warranted cars. Fortunately, consumers can seek assistance from the New York Used Car Lemon Law.
The New York Lemon Law and Used Cars
Anyone who purchases or leases a pre-owned vehicle from an automobile dealer in the state of New York is covered under the lemon law. In essence the law provides a legal remedy in the event a vehicle does not operate as it was expressly warranted at the time of lease or purchase.
Criteria for Used Car Coverage under NY Lemon Law
In order for a used or leased vehicle to be covered under the lemon law, all of the following conditions must apply:
- The vehicle must be leased and/or purchased from a New York automobile dealer.
- The vehicle must have been driven at least 18,000 miles or is at least two years old.
- The buyer must have spent more than $1500 for the vehicle and the vehicle must have been driven for less than 100,000 miles.
- The main purpose for the vehicle is personal use.
New York's lemon law provides coverage for a limited period of time. The warranty lasts anywhere from 30 days to 90 days or 1,000 to 4000 miles depending on the odometer reading of the pre-owned vehicle. For example, a used car with anywhere from 18,001 to 36,000 miles is warranted for 90 days or 4,000 miles (whichever is less). The more miles on the odometer, the shorter the duration of the lemon law warranty.
NY Auto Dealer Responsibility
At the time of purchase, the automobile dealer is obligated to provide a written warranty that covers the engine, transmission, drive axle, steering, breaks and a few other ancillary parts such as the radiator generator starter ignition system. Dealers do not have to warrant car batteries.
If presented with a problem, the auto dealer must make every attempt to fix the problem for free. If after three or more attempts are made and the problem has not been resolved, or if the consumer has not been able to use the vehicle for 15 days or more as because of the problem, the consumer is entitled to a full refund for the vehicle. There are a few exceptions to this rule as outlined on the Office of the Attorney General's website.
Consumer Responsibility and NY Lemon Law
It is in the consumer's best interest to keep accurate, detailed documentation of all contact made with the dealer regarding the problem. Problems reported to the dealer while the vehicle is under warranty yet not fixed by the warranty's expiration are still covered by the warranty. For more information on consumer and dealer responsibility, download the New York's Used Car Lemon Law Consumers Guide.
Filing a Lemon Law Claim
To file a claim, download and complete the Request for Arbitration form. Be as detailed as possible. Send copies of any necessary documentation (do not send originals) to support the claim. Once the claim is reviewed and accepted, the file will be sent to the New York State Dispute Resolution Association (NYSDRA). At that point the complainant will be notified to send the filing fee (as of this writing the fee is $120) to begin the process.
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