Lemon Laws for New and Used Cars in New York

Yes, New York has separate Lemon Laws for new cars and used cars.

NY Lemon Law for New Cars

This law protects buyers and lessees of new cars and certain "used cars." If the vehicle does not meet warranty promises, and the manufacturer or dealership cannot correct the problem after a reasonable number of repair attempts (defined below), the buyer or lessee is entitled to a refund or a replacement.

A reasonable number of attempts for new cars is defined as four or more repair attempts, or if the vehicle has been out of service for repairs for 30 days or more.

The cars covered under this law are as follows any vehicle covered by a warranty at original delivery and was purchased, leased or transferred within the earlier of 18,000 miles or two years from the original delivery date, and was either purchased, leased, or transferred in New York or is currently registered in the state, and is used mainly for everyday purposes.
 
If you have a car problem – especially one that seems like you’re dealing with a lemon car – be sure to:

• Contact the manufacturer or dealership immediately.  
• Keep copies of work orders, repair bills, and correspondence. You might need these to show the Department of Motor Vehicles (see below) or your Lemon Law attorney should things not go smoothly.

If you have problems with obtaining work orders, call the NY DMV at (518) 474-8943.

NY Lemon Law for Used Cars

This law protects buyers and lessees of used cars who unknowingly acquire a lemon. The law requires dealerships to provide a written warranty, stipulating that the dealer must provide free auto repair for any defective parts covered under the warranty. If the dealer fails to repair the car after a reasonable number of attempts (defined below), the buyer or lessee is entitled to a full refund.

A reasonable number of attempts is defined as three or more repairs, or if the vehicle has been out of service for repairs for 15 days or more.

The following cars are covered:

• Any vehicle that was purchased, transferred, or leased after the earlier of 18,000 miles or two years from original delivery.
• Any vehicle that was purchased or leased from a NY dealership and had a purchase price of at least $1,500, and has been driven less than 100,000 miles at the date of purchase or lease, and is used primarily for everyday purposes.

You should also know that under this law, your statutory warranty coverage is as follows:

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

As described above for new cars, if you have a problem with your used car you should:

• Immediately report any kink or defect with a covered part to the dealership. If you make the repair request while the warranty is still valid, the dealer must provide free repairs even if the warranty expires by the time you get the vehicle to the dealership's mechanic.  
• Keep copies of correspondence, work orders, and repair bills. If the process doesn’t go according to the law, you’ll need these documents to show the DMV and possibly even your Lemon Law lawyer.