My Car is a New York Lemon

Your new car sounds like it has 10 pounds of marbles rattling around inside the engine and the dealer can’t fix the problem. It seems you are the not-so-proud owner of a ‘”lemon”, a car that is unsafe or crawling with defects. Don’t you wish your car insurance covered vehicle defects?
Fortunately, you don’t have to live with the headaches. New York’s New Car Lemon Law can protect you in case you bought a “lemon” from a dealer. New York requires the vehicle’s manufacturer to make the proper repairs, refund your money, or replace the vehicle. The law is limited to cars used mostly for personal use — motorcycles, ATVs, or the living quarters of an RV are not covered.
For a vehicle to be covered under the New Car Lemon Law, all of the following conditions must be met:

•    It was covered under a manufacturer’s warranty when it was originally delivered to its first buyer.
•    It was bought, leased, or transferred in the state of New York within the vehicle’s first 18,000 miles or 2 years from original delivery (whichever is earlier).
•    It’s registered in New York and is reported before the car is 2 years old or passes 18,000 miles.

If the dealer can’t fix the defect after 4 attempts, or if you haven’t been able to drive the car for 30 days or more because of the problem, you can choose to get a refund of your purchase price or receive a replacement vehicle. The defect must also significantly damage the value of the vehicle to qualify under this law. If you decide on the refund, the manufacturer may adjust the amount based on how many miles of service you did get from the car.

The lemon law also covers leased vehicles – you’re entitled to a refund of the down payment plus the lease payments you made, minus any service fees charged as part of the lease agreement.

What If a Dealer Refuses to Repair the Car?

•    Once the dealer who sold you the car has been notified about the car’s defects, they should make the necessary repairs.
•    If they refuse, after 7 days you can notify the manufacturer of the car (in writing, sent via certified mail) of the dealer’s refusal.
•    At that time, the manufacturer has 20 days to start the necessary repairs.
•    If the defect is not fixed, or the manufacturer also refuses, you are then entitled to a replacement of your vehicle or a refund of the purchase price.

Used Car Lemon Law
The Used Car Lemon Law covers vehicles older than 2 years or with more than 18,000 miles on the odometer that come from a dealer must have a warranty if they cost $1,500 or more and have been driven fewer than 100,000 miles. Under this law, you are entitled to receive a replacement vehicle or refund if the dealer is unable to correct the problem after three repair attempts or the car has been out of service for at least 15 days.

A used car bought from a New York dealer must have a warranty that covers the:

•    engine
•    transmission
•    drive axle
•    brakes
•    radiator
•    steering
•    alternator
•    generator
•    starter
•    ignition system (not including the battery)

Under the warranty, the dealer must either repair the defect or reimburse you for the repair costs. The length of the warranty depends on how many miles the vehicle has when you buy it:

•    18,001 to 36,000 miles: 90 days or 4,000 miles
•    36,001 to 79,999 miles: 60 days or 3,000 miles
•    80,000 to 100,000 miles: 30 days or 1,000 miles

Check out the New York State Consumer Protection Board consumer manual that covers the state’s lemon laws. It has loads of information about your rights as a car buyer.
While you can’t be sure you’re not buying a potential lemon, you can check that you’re getting the best rate on your car insurance. Why not get a free car insurance quote today?

Have you ever bought a lemon?  Feel free to share your thoughts in the comments section below.