Do you own a lemon?

New York’s Lemon Law applies to new cars, used cars, and motorcycles purchased or leased for personal, family, or household use. New vehicles are covered under General Business Law § 198-a, while used vehicles fall under General Business Law § 198-b. For used cars, the law requires the dealer to provide a limited written warranty based on the car’s mileage. The law does not cover off-road vehicles, ATVs, boats, or vehicles used primarily for business purposes.

For new cars, the manufacturer or dealer must be given a reasonable number of repair attempts, which is legally defined as four unsuccessful repair attempts for the same defect or 30 total days out of service due to repairs within the first two years or 18,000 miles. 

For used cars, the dealer must attempt to repair the issue at least three times, or the vehicle must be out of service for 15 days during the warranty period. If these criteria are met, the buyer can seek a refund or replacement.

Yes, New York’s Lemon Law applies to both purchased and leased vehicles, as long as they meet the same conditions for coverage. A leased new car must be used for personal purposes and must have a serious defect that persists despite multiple repair attempts. If the car is determined to be a lemon, the manufacturer may be required to provide a refund for the lease payments or offer a comparable replacement vehicle. Used car leases are not covered under the state’s Used Car Lemon Law.

Some of the most frequently reported defects in new and used lemon cars include engine failure, transmission issues, braking system malfunctions, steering problems, electrical failures, and safety system defects (such as airbags or seat belts not working properly). Other common issues involve powertrain problems, excessive oil consumption, and persistent check engine lights. The defect must substantially impair the car’s safety, value, or usability to qualify for Lemon Law protection.

To file a Lemon Law claim in New York, first notify the dealer or manufacturer in writing about the defect and give them a reasonable opportunity to repair it. Keep copies of all repair invoices and communications.

If the issue persists, you can file for New York’s Lemon Law Arbitration Program, which is administered by the New York Attorney General’s Office. If arbitration does not resolve the issue, you may file a lawsuit against the manufacturer to seek a refund or replacement.

Consumers can file a Lemon Law complaint with the New York State Attorney General’s Lemon Law Arbitration Program. This program provides an independent dispute resolution process. To file a claim, visit:

• Website: https://ag.ny.gov
• Phone: 1-800-771-7755

Additionally, you can file a complaint with the New York Department of Motor Vehicles (DMV) if the dealer refuses to honor the used car warranty.

Yes. If a consumer loses in arbitration, they still have the right to file a lawsuit against the manufacturer in court. Arbitration decisions under New York’s Lemon Law are binding only on the manufacturer, not the consumer. This means you are free to take further legal action if you are unsatisfied with the arbitration outcome. Consulting a New York Lemon Law attorney may improve your chances of securing a refund or replacement.

While not required, hiring an experienced Lemon Law attorney can significantly increase your chances of success, especially if the manufacturer disputes your claim. A lawyer can help gather evidence, represent you in negotiations, and take your case to court if needed. Under the New York Lemon Law, if you win your case, the manufacturer may be required to pay your attorney’s fees—so legal representation often comes at no upfront cost to you.