NEW YORK Lemon Law:
N.Y. Gen. Bus. Law § 198-a (McKinney); N.Y. Veh. & Traf.
Law § 417-a (McKinney)
Vehicles covered: Vehicles sold, leased, or registered; excludes
off-road vehicles; includes motor homes except living quarters
Persons covered: Purchasers or lessees, transferees during express
warranty period, or any person entitled to enforce the warranty if
vehicle primarily used for personal, family, or household purposes
Period covered: Whichever comes first: 18,000 miles or two years
from date of delivery (§ 198-a(b)(1)).
Disclosure requirements: Manufacturer must provide specified
notice for consumer at time of sale or lease (§ 198-a(m)(2), (o)).
Required consumer notice: Must report nonconformity to the
manufacturer, its agent or dealer; if notice to dealer, dealer’s notice
to the manufacturer must include a statement indicating whether
any repairs have been undertaken (§ 198-a(b)(1)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for a cumulative
total of thirty or more calendar days (§ 198-a(d)). Twenty day
opportunity to cure for manufacturer if consumer chooses to
inform manufacturer of dealer’s refusal to cure as required within
seven days after consumer’s notice to dealer (§ 198-a(b)(2)).
Special warranty and repair provisions for motor homes.
Affırmative defenses: The nonconformity does not substantially
impair the value of the vehicle, or is the result of the consumer’s
abuse, neglect, or unauthorized modifications or alterations (§ 198-
a(c)(3)); statute of limitations (§ 198-a(j)).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a comparable vehicle, or refund the full purchase price
less a reasonable use allowance (defined) (§ 198-a(b)(2), (c)(1)).
Other reimbursement: All fees and charges; sales tax refunds by a
government agency (§ 198-a(c)(1)). Attorney fees (§ 198-a(k), (l)).
Other remedies: Requires two-year/18,000 mile warranty on motor
homes (except living quarters). There is no limit on other consumer
remedies (§ 198-a(f), (h)).
Informal dispute resolution: For remedies under this section a
consumer may use an informal dispute settlement procedure established
by manufacturer, provided the procedure complies with
statutory requirements (§ 198-a(g), (m)). An alternative procedure
is the N.Y. Lemon Law Arbitration Program. Attorney fees are
available to prevailing consumers. N.Y. Comp. Codes R. & Regs.
tit. 13, §§ 300.1 to 300.18.
Resale of lemon: Full disclosure required (§ 417-a(2)). Resale
violation may result in treble damages and fines (§ 417-2(4)).