Lemon Law in Buffalo, NY

While it may be unpleasant to consider, there are times when you purchase an automobile, only to get home and find that it is defective. Buffalo residents can feel the sting of this as much as anyone else. The Buffalo News reports that in 1997, residents of New York State received over $8 million because of the state’s lemon laws. The bulk of this money was returned to consumers, although a small portion went to obtaining new cars to replace the lemons.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any Buffalo, New York lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.

When Do Buffalo, New York Lemon Laws Apply?

There are some common practices that you can take that better position you in citing lemon law:

• You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot become held liable for any attempts made to fix the problem.
• Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.

Lemon law statutes vary by state. You should research the lemon law requirements in New York to ensure you remain within the legal confines.

The Lemon Laws of New York cover new cars in Buffalo that are purchased, leased, or transferred. However, this protection only applies within the first 2 years, the first 18,000 miles driven, or to any new car that is registered in the state of New York. Manufacturer’s in Buffalo have a duty to repair a defect, if possible. Barring this, they will be bound to either replace your vehicle, or restore the payment you made.

However, sometimes you may be dealing with a manufacturer or entity that won’t abide by the state’s lemon laws.  If this is the case, you may want to seek the counsel of an experienced lemon lawyer in Buffalo.

How Do You Ensure the Application of Lemon Laws?

Lemon law statutes vary by state. You should research your particular state’s lemon law requirements to ensure that you remain within the legal confines of any claim you wish to forward. There are some common practices that you can take in Buffalo that better position you in citing lemon law:

• You should only take the vehicle in question to the corresponding dealership for repairs. By taking it to the dealership, you establish a credible paper trail showing that the responsible party attempted to address the issue at hand. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
• Be sure to keep accurate and detailed records of any repairs made. If your case goes to trial, having accurate records detail the manufacturer’s opportunities to fix the mechanical issues. This also helps build a timeline of how long you could not use your vehicle.

What Are Consumers Entitled?

You have a legal entitlement to a replacement vehicle or refund if , New York lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:

• Down payment
• Registration
• Taxes
• Car rentals
• Monthly payments
• Tow expenses
• Attorney costs

Do Lemon Laws Apply to Used Vehicles?

Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.

The New York Attorney General states that used cars are covered by the state’s lemon laws, provided they meet certain criteria. To be certified as a lemon, a used car in Buffalo must:

• Have a purchase value of at least $1,500

• Have been purchased from a licensed New York dealer

• Be for personal use

• Have less than 100,000 miles driven

When Should You Hire a Qualified Buffalo, New York Lemon Law Attorney?

Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in a , New York lemon law attorney.

How Does the Lemon Law Litigation Process Work?

Consumers can expect to go through a series of motions by bringing in an experienced Buffalo lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most lemon law attorneys, you can expect the following:

• Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
• Filing Your Claim – Your New York legal representative should handle filing a claim with the manufacturer after determining the facts.
• Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
• Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
• Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable Buffalo law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

Sometimes, despite your best efforts, a dealer or manufacturer will choose to flout the law and try to stick you with a lemon. If this is the case, your experienced Buffalo lemon lawyer may choose to file with a NY District Court. However, if you are seeking damages in excess of $25,000 you will most likely file with the Erie County Court.

Work With an Experienced Local Lawyer In Buffalo, New York.

Do you need immediate help? Then one of our experienced lawyers in Buffalo can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across New York state lines!

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!