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California Lemon Law
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New York - Law §417-a, 417-b
- Vehicles Covered:
- Vehicles sold or registered, and leases. Excludes motorcycles living portions of motor homes and off-road vehicles.
- Persons Covered:
- 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.
- Period Covered:
- Whichever is first: 18,000 miles or two years from date of delivery.
- Notice Requirement:
- (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.
- Repair Requirements:
- 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.
- Affirmative Defenses:
- The nonconformity does not significantly impair the value of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations.
- At the consumer's option, the manufacturer shall replace with a comparable vehicle, or refund the full purchase price less a reasonable allowance (defined).
- Other Reimbursement:
- All fees and charges; sales tax refunds by a government agency.
- Other remedies:
- There is no limit on other consumer remedies. Refunds to consumers and lien holders; Attorney fees.
- 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.
- Dealer Liability:
- Resale of Lemon:
- Full disclosure required.
Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.