New York's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for New York (General Business Law § 198-a (autos nuevos) and § 198-b (autos usados)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

New: cars under the manufacturer's warranty, bought, leased or transferred in New York (or registered here) within the first 18,000 miles or 2 years from original delivery, used mainly for personal, family or household purposes. The new-car law excludes only off-road vehicles, so new motorcycles are covered, and the Attorney General's program also takes new motor homes and used motorcycles. Used: qualifying cars bought or leased from a New York dealer for $1,500 or more, for personal, family or household use. The stated warranty bands extend through 100,000 miles; the over-100,000-mile exclusion has a written-mileage-disclosure condition. See the exclusions and used-car notes below.

Rights period: New cars: 18,000 miles or 2 years from original delivery, whichever comes first; if you buy the car used within that window, you are still covered. Used cars (mandatory dealer warranty): up 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.

When it is presumed a lemon

New: the same defect persists after 4 or more repair attempts, or the car was out of service 30 or more days in total. Used: the same defect persists after 3 or more attempts, or the car was out of service 15 or more days in total during the warranty.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Report the defect to the manufacturer or authorized dealer during the coverage period and keep every repair order; if you notify the dealer, the dealer must forward written notice to the manufacturer within 7 days. If the dealer refuses to inspect and repair within 7 days of your notice, notify the manufacturer by certified mail, return receipt requested: it then has 20 days to begin repairs. You can use the manufacturer's or dealer's dispute program, or request the state arbitration: send the form to the Attorney General (NYAG.LemonLaw@ag.ny.gov or by mail to New York State Attorney General's Office, 28 Liberty Street, 15th Floor, New York, NY 10005, Attention: Lemon Law Arbitration Unit). If the Attorney General accepts the case it goes to NYSDRA, which then asks you for the $250 filing fee and assigns an arbitrator; the manufacturer or dealer must take part. The arbitrator's decision binds both sides, with only a limited right of appeal to court, so decide first whether you would rather go to court instead.

Who handles it: New York State Attorney General — Lemon Law Unit (arbitraje administrado por NYSDRA).

Hotline: 1-800-771-7755.

What you get if you win

New: replacement with a comparable car or refund of the full price (plus trade-in and fees), minus an allowance for use beyond the first 12,000 miles (miles over 12,000 × price ÷ 100,000) and for damage beyond normal wear; the choice between replacement and refund is yours. Used: the dealer takes the car back and refunds the full purchase price, sales tax included, minus damage beyond normal wear; on a lease it refunds every payment made and cancels the future ones. It may offer you a comparably priced car, but you can turn that down and take the refund.

What it does not cover

Defects that do not substantially lower the car's value; problems caused by abuse, neglect or unauthorized alterations; the living quarters of motor homes. Used: §198-b(d)(3) excludes prices below $1,500 and vehicles over 100,000 miles if that mileage is stated in writing at sale/lease. The statute’s required Bill of Rights summarizes over-100,000-mile cars as not covered. Confirm an edge case with the Attorney General rather than assume missing notice creates coverage. The used-car warranty excludes the battery.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In New York: New York is one of the few states with a used-car Lemon Law (GBL § 198-b): the dealer must give a minimum written warranty on the engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter and ignition system (the battery is out), and any clause that limits or waives it is void. The minimum length goes by mileage at the sale: 36,000 miles or fewer, 90 days or 4,000 miles; more than 36,000 and under 80,000, 60 days or 3,000 miles; 80,000 to 100,000, 30 days or 1,000 miles. The dealer must also state in writing that the car is fit for the road (VAT § 417) and inspect it within 30 days before selling it. Every seller must complete the damage disclosure. Complaints: Attorney General and DMV. The mileage bands include exactly 100,000 miles. For the over-100,000-mile exclusion, §198-b(d)(3) specifies written mileage disclosure at sale/lease; ask the Attorney General how that condition applies rather than assuming automatic coverage or exclusion.