New York Lemon Law
NY Lemon Law Guide for Automobiles, Motorcycles, Motor Homes, Trucks and RVs
The New Car Lemon Law provides a legal remedy for buyers or lessees of new cars that turn out to be lemons. If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts during the first 18,000 miles or two years, whichever comes first, you may be entitled t o a full refund or a comparable replacement car. A copy of the law may be found in the back of this booklet.
2. WHICH VEHICLES ARE COVERED BY THE NEW CAR LEMON LAW?
The law covers both new and used cars, including demonstrators, motorcycles and motor homes which satisfy all of the following four conditions:
a. The vehicle was covered by the manufacturer's warranty at the time of original delivery; and
b. The vehicle was purchased, leased or transferred within the earlier of the first 18,000 miles or two years from the date of original delivery; and
c. The vehicle either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State; and
d. The vehicle is primarily for personal use.
Some examples of cars that may be covered by the new car lemon law are:
- a new or demonstrator car, purchased or leased from a New Jersey dealer and registered in New York;
- a new or demonstrator car, purchased or leased from a New York dealer and registered in New Jersey;
- a new or demonstrator car received as a gift from a friend and registered in New York State;
- a used car with less than 18,000 miles and less than 2-years old.
Primarily for personal use is when its principal use is for personal, family or household purposes. Such purposes include, for example, using the car for household errands or to drive to and from work. A car may be used for both personal and business purposes provided that the personal use is predominant (more than 50% of the usage).
4. ARE MOTOR HOMES COVERED?
Yes. Motor homes are also covered under the law, except as to defects in systems, fixtures, appliances or other parts that are residential in character. Such items excluded from coverage include, but are not limited to: flooring, plumbing system 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. However, there are special notice requirements with respect to motor homes. The law defines a motor home manufacturer to include not only the manufacturer but also the assembler of the component parts of the motor home, including the chassis, engine and residential portion.