You are currently viewing our Lemon Law reference page for : New York – Law §417-a, 417-b
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Vehicles Covered:
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Vehicles sold or registered, and leases. Excludes
motorcycles living portions of motor homes and off-road vehicles.
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Persons Covered:
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Purchasers or lessees, transferees during express
warranty period, or any person entitled to enforce the warranty where
vehicle used for personal, family, or household purposes.
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Period Covered:
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Whichever is first: 18,000 miles or two years
from date of delivery.
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Notice Requirement:
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(a) Manufacturer – Specific notice requirements;
(b) Consumer – report the nonconformity to the manufacturer, its agent
or dealer, notice to the manufacturer must include a statement indicating
whether any repairs have been undertaken.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to four or
more repairs, or the vehicle is out of service for a cumulative total
of 30 or more calendar days.
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Affirmative Defenses:
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The nonconformity does not significantly impair
the value of the vehicle, or is the result of abuse, neglect, or any unauthorized
modifications or alterations.
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Replacement/Refund:
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At the consumer's option, the manufacturer shall
replace with a comparable vehicle, or refund the full purchase price less
a reasonable allowance (defined).
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Other Reimbursement:
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All fees and charges; sales tax refunds by a
government agency.
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Other remedies:
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There is no limit on other consumer remedies.
Refunds to consumers and lien holders; Attorney fees.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided the procedure complies with statutory requirements. An alternative
procedure is the New York Lemon Law Arbitration Program Attorney fees
are available to prevailing consumers.
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Dealer Liability:
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Resale of Lemon:
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Full disclosure required.
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