NY Lemon Law for Faulty Automobiles
The excitement of buying or leasing a new or used car can quickly be extinguished if your car is a lemon. Hiring New York Lemon Law lawyer Akiva Shapiro to help you with your Lemon Law claim can help ensure that you get a prompt response—and a successful settlement—from the manufacturer or dealer.
What’s a lemon?
For a new car to be considered a lemon under New York law:
- It must have a defect that substantially impairs the vehicle’s value and
- You must report the defect within two years of delivery or before the car passes 18,000 miles, whichever comes first; and
- is used primarily for personal purposes.
You may be entitled to either a replacement vehicle or a refund of the purchase price if:
- The dealer is unable to fix the defect after four attempts; or
- The vehicle has been out of service for repair or other problems for a total of 30 days.
Whether you’ve leased a lemon or purchased or financed a lemon, you may be entitled to a refund of your down payment as well as any lease payments or finance payments you’ve made, interest paid, extended warranty costs, other closing costs, and a refund of the sales tax paid.
If your new car doesn’t qualify under state lemon law, Akiva Shapiro can advise you about other potential options, including options under Federal Law.
For a used car to be considered a lemon under New York law:
- It must have a defect that substantially impairs the vehicle’s value; and
- You must report the defect within a certain timeframe and miles driven, after the purchase, depending on the mileage of the car at purchase.
Cars Covered by the Used Car Lemon Law Include any car that:
- Was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; and
- Was purchased or leased from a New York dealer; and
- Had a purchase price or lease value of at least $1,500; and
- Had been driven less than 100,000 miles at the time of purchase/lease; and
- Is used primarily for personal purposes
Used Car Lemon Law Statutory Warranty Length:
Miles of Operation
18,001-36,000 miles
36,001-79,999 miles
80,000-100,000 miles
36,001-79,999 miles
80,000-100,000 miles
Duration of Warranty (the earlier of)
90 days or 4,000 miles
60 days or 3,000 miles
30 days or 1,000 miles
60 days or 3,000 miles
30 days or 1,000 miles
You may be entitled to either a replacement vehicle or a refund of the purchase price if:
- The dealer is unable to fix the problem after three attempts; or
- The vehicle is out of service for a total of 15 days or more.
While it’s theoretically possible to pursue a Lemon Law claim on your own, why go to the trouble? Long Island Lemon Law Attorney, Akiva Shapiro Law handles Lemon Law claims on a contingency basis. This means that Akiva Shapiro Law’s fee is a percentage of your total recovery. Because the Lemon Law statute contains a fee-shifting provision, Akiva Shapiro Law strives to secure a sufficient amount from the manufacturer or used car dealer to cover the attorney’s fee. And, of course, in the unlikely event Akiva Shapiro Law is unsuccessful in pursuing your Lemon Law claim, you don’t owe any attorney’s fees at all (you’re responsible only for litigation costs, such as filing fees).
