Lemon Law in New York, NY

While the average cost of a new car in 2022 is over $48,000, Expatrist reports that the costs can go beyond that. In New York City, for example, when you combine the purchase with upkeep, registration fees, insurance, and other expenses, you can wind up adding an extra $12,000 to the price tag. No one wants to spend this amount of money, only to find they have purchased a defective lemon. However, if you do find that you have a lemon on your hands, you may want to reach out to an experienced lemon lawyer in New York City.

What Is a Lemon Law?

Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any New York, 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 New York, 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 New York City 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. Manufacturer’s in New York City are obligated to repair any defect, if possible, that is undermining the value, safety, or performance of the car. If all repair attempts are unsuccessful, the manufacturer will be bound to either replace your vehicle, or fully restore the payment you made.

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 New York 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 New York City must:

  • Have a purchase value of at least $1,500
  • Have been purchased from a licensed New York dealer
  • Be for personal use
  • Total less than 100,000 miles driven

When Should You Hire a Qualified New York, 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 New York 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 New York law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.

Where you file your lemon law case in New York City is wholly dependent upon the dollar amount in damages you are seeking. Anything between $15,000 and $25,000 will be heard by the Manhattan County Court. However, if you are seeking less than $15,000 you may have your case come before a New York City Small Claims Court. Your experienced New York  City lemon lawyer can  help you decide where to best file your case.

Work With an Experienced Local Lawyer In New York, 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!

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