Lemon Law in New York

Are you frustrated by your attempts to get a manufacturer or dealership to fix your lemon?

Kelly Blue Book reports that the average price for a new car is an astonishing $47,000. No matter what your level of investment was for your vehicle, it should work as expected. Moreover, if you get grief from the seller, you have a right to consider legal action. Begin evaluating what options may be available to you under New York lemon laws today.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any 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 New York Lemon Laws Apply?

Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:

• The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
• There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
• The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.

How Do You Ensure the Application of Lemon Laws?

There are some common practices that you can take that better position you when 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 be held liable for any attempts made to fix the problem.
• Keep accurate and detailed records of any repairs made. This way, 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.

Motorists can use the New York Attorney General’s lemon law fact sheet to better understand the process. For example, the manufacturer or an authorized agent has four attempts to repair the vehicle. Generally, failing to correct the issue at this point results in a replacement or refund. A few notable exceptions to keep in mind are:

• The problem does not change the value of the vehicle

• Neglect, abuse, or unauthorized modifications created the issue

What Exactly Are Consumers Entitled To Under Lemon Laws?

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 details the statutory warranties for used cars sold in the state. The current requirements to keep in mind are:

• 4,000 miles or 90 days for vehicles sold with 18,001 – 36,000 miles

• 3,000 miles or 60 days for vehicles sold with 36,001 – 79,999 miles

• 1,000 miles or 30 days for vehicles sold with 80,000 – 100,000 miles

When Should You Hire a qualified 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 an experienced 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 New York lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most New York 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 New York law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

A district court can take your case when you seek up to $15,000 in damages. County courts have jurisdiction when your lemon law attorney files for up to $25,000. More significant cases may find their ways to the New York Supreme Court. Unlike other states, this judiciary is not the highest in the state. The Court of Appeals has the final word on cases that reach their docket.

Work With an Experienced Local Lawyer In New York

Do you need immediate help? Then one of our experienced lawyers in New York 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!