The law applying to used cars in New York State is known as the Used Car Lemon Law. This used car law covers non-commercial motor vehicles, except motorcyles, off-road vehicles and certain motor vehicle homes. The law offers a legal remedy to all consumers who are purchasers, or lessees, of a used car that turns out to be lemon. The New York State Lemon Law requires car dealers to provide a written warranty to purchasers.
Warranty
Under the New York State Lemon Law, a dealer is required to give a consumer a written warranty assuring that the dealer must repair, without cost, any defect in the covered parts. Should the dealer not be able to repair the car, after a reasonable amount of attempts, the dealer must give the consumer a full refund.
Cars Covered
In order to be covered by the Used Car Lemon Law in New York State, the car must have more than 18,000 miles or two years from the original purchase date, be purchased from a New York State dealer, have a purchase price of at least $1,500 and have been driven less than 100,000 miles when purchased or leased. Additionally, the car must be primarily for personal use.
Warranty Lengths
The warranty is based on days, or miles of operation, whichever comes first. If the car has 18,001 miles up to and including 36,000 miles, a warranty will be for at least 90 days or 4,000 miles. For 36,001 miles up to 79,999 miles, the warranty will be for 60 days, or 3,000 miles. For 80,000 to 100,000 miles, the warranty must cover 30 days or 1,000 miles.
Parts Covered
The written warranty must cover the engine, transmission, brakes, steering and drive axle. Other parts which also must be covered include the starter, generator, radiator, alternator and the ignition system. The battery is not covered.
Repair Duty
The dealer must be given reasonable opportunities to repair the problems. However, if the problem continues to exist after three or more repair attempts, or the car is out of service for 15 cumulative days, the purchaser is entitled to a full refund. Unavailable parts can extend the time. The dealer is not obligated to provide a refund if the problem does not substantially impair the car's value, or if the problem is caused by the consumer's neglect, abuse or if there were unauthorized alterations.
Consumer Responsibilities
The consumer is required to immediately report defects of the covered parts, and request repairs of the dealer. As long as the consumer makes these requests within the warranty period, the dealer is obligated to make the repairs, even if the warranty subsequently expires. The consumer is expected to keep records of all all complaints and copies of all correspondence, work orders and repair bills.
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