New York State Lemon Law
You feel that your new car does not meet up to the written warranty of the manufacturer? And that the manufacturer is unable to repair the car even after a reasonable attempt. If this is the case and your car has below 18,000 miles in it or is not yet two years since your purchase, the New York Lemon Law may entitle you to a complete refund or a replacement of your car.
The law not only covers new cars, it covers used ones as well which fall in to the following conditions:
1. is covered by the manufacturer's warranty at the time of delivery;
2. is purchased within the first 18,000 miles or 24 months;
3. is primarily used for personal purposes.
So what does this 'primarily used for personal purposes' mean? Simply put, the law only covers those cars that you use for your personal or house hold use, to run errand, for example, or to drive you or your kids to work or school. Even if you use your car for business purpose along with your personal use, the law will back you, as long as most of the usage is for your personal or household use. Since the law requires the manufacturer to make attempt to repair it, you should report any defect, or condition, that is actually covered by the manufacturer warranty directly to the manufacturer or the authorized dealer the moment it is identified. A 'condition' describes a general problem, like repeated stalling, difficulty in starting or a transmission malfunctioning that may actually be caused by one or many defective parts. On your information, since the car was sold or is registered in New York, the law requires the manufacturer to repair the problem free of charge any defects that is covered under their warranty. Furthermore, once you have notified the defect, the manufacturer may not charge for the same repair even if it is identified after 18,000 miles or two complete years. And if the problem still remains even after four attempts to repair it, or the manufacturer does not repair your vehicle within 20 days of your notice, the manufacturer may have to refund the amount you purchased it for or offer you a comparable replacement. What you should remember is that the manufacturer need not make any refund or provide replacement if the problem does not impair the value of your vehicle substantially or the problem is caused due to abuse, neglect or alterations made without the manufacturer's authorization. However, if this is not the case and the dealer refuses to make any repairs within seven days of receiving notice from you, you should immediately inform the manufacturer in writing, by certified post, with a return receipt requested, stating the cars problem and also that the dealer has refused you the repair. Your success in using the state lemon law will depend on how will you
1. Keep records
2. Provide the right notice to the manufacturer and of course
3. User the arbitration program when required. You may also choose to consult a New York Lemon Law lawyer for advice and guidance if you feel the need to.
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