The Used Car Lemon Law
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The Used Car “Lemon” Law
Used-car buyers in New York State are protected under
a “lemon” law requiring dealers to provide written warranties on used cars
selling for $1,500 or more with mileage of less than 100,000 miles.
The law covers used-car purchases and leases from New York dealers and
auction houses on cars primarily used for personal purposes. It does not apply,
however, to used motorcycles, motor homes, off-road vehicles, or used-car
purchases from private individuals.
The warranty length a used-car dealer must honor depends on the car’s
mileage at time of purchase. It covers the engine, transmission, drive axle,
brakes, radiator, steering, and alternator:
| Mileage |
Warranty
(covers whichever is less) |
| 0–36,000 |
90 days or 4,000 miles |
| 36,001–79,999 |
60 days or 3,000 miles |
| 80,000–100,000 |
30 days or 1,000 miles |
If a dealer is unable to repair a defect after three attempts, the consumer
has the right to request a refund or replacement. What happens if the dealer
refuses to comply? If the dealer belongs to one of the dealer-sponsored
arbitration programs (in which the arbitration is nonbinding), the consumer must
either go through that program or the N.Y. State Used- Car Lemon Law Arbitration
Program (in which the arbitration is binding).
If a consumer participates in a dealer-sponsored arbitration but is still
dissatisfied, the consumer may then go to the State Program, or may sue in
court. If a dealer is not part of a dealer-sponsored program, the consumer has
the option of participating in the state arbitration program, or suing in court.
Used Cars Must Be Roadworthy
Even when a car is not covered by the Used-Car Lemon
Law because the price is under $1,500 or it has 100,000 miles or more, state law
still requires used-car dealers to certify that the car was inspected and that
it is fit and roadworthy.
A car whose brakes do not work, whose engine fails, or which has a serious
similar problem shortly after a purchase, is not in a roadworthy condition. The
dealer can be held liable for falsely certifying that the car was roadworthy. A
dealer cannot legally sell a car “As Is.”
If you purchase an unroadworthy car from a dealer and the dealer refuses to
remedy the problems to your satisfaction, you should immediately file a
complaint with the Department of Consumer Affairs and the Department of Motor
Vehicles. Include copies of the car’s diagnostic inspection with your
complaints.
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Autoworld.com -
FREE !! Lemon Check
Don't make a $10,000 mistake! With a database comprised of over 11 billion records on more than 315 million vehicles, we can help you protect yourself against title and odometer fraud, lemon cars, salvage cars and much more.
AutoWorld Auto Club Roadside Services
-
AutoWorld's AutoClub offers Emergency Roadside Services giving you the comfort and convenience of protection 24 hours a day, 365 days a week in any car you drive, any place in the country - including your driveway!
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