Lemon Law in New York
In the state of New York only certain motor vehicles can qualify for lemon standards. These include motor vehicles that have been leased, transferred, registered, or purchased in the state of New York. Motorcycles and off-road vehicles are excluded from lemon eligibility.
Some states only allow motor vehicles to be eligible while still under the manufacturer’s express warranty. New York also allows motor vehicles that have fewer than eighteen thousand miles and only two years since their date of purchase, whichever event occurs first. All defects are required to either alter the market value of the vehicle or impede the safety of the passengers.
Qualification
The mileage of a vehicle may also dictate whether or not a motor vehicle qualifies as a lemon. Prior to qualifying all motor vehicles must have their mileage deduction formula calculated. This is the miles that are over the twelve thousand-mile mark divided by one hundred thousand miles.
Despite other beliefs the manufacturer’s express warranty plays a main role in whether or not a vehicle will qualify as a lemon. A request is required to be sent to the manufacturer, agent, or dealer stating the defect and include the number of repair attempts. Within seven days of being received the manufacturer, agent, or dealer is required by law to amend the nonconformity to the motor vehicle. The consumer will not be charged for this service. All repairs, however, are required to take place prior to the two-year expiration date since the purchasing of the motor vehicle.
If the manufacturer, agent, or dealer declines to attempt a repair on the defect within the outlined seven days, the consumer may then forward the mail via certified mail. The dealer, agent, or manufacturer then has twenty days from the second referral to repair the motor vehicle. Within these twenty days if the manufacturer, agent, or dealer has not begun repair on the defect, the consumer may then demand a replacement vehicle or refund.
Refund
When a refund is required the manufacturer, agent, or dealer is required to refund the entire original price of the motor vehicle as well as any addition fees, including licensing fees, registration fees, taxes, and government fees. The mileage deduction formula may eliminate a portion of the fees refunded or if there are more damages than normal wearing would include.
Replacement
If the manufacturer, dealer, or agent complies with a repair request but is unable to repair the defect to the standard factory status, the manufacturer, dealer, or agent is required to replace the motor vehicle. The motor vehicle must meet all the subsections of the New York Lemon Law before a replacement will be administered.
While attempting the repair, if the motor vehicle is damaged beyond market value, a replacement is required. A replacement vehicle will be of the same make and model as the lemon vehicle or a motor vehicle of the same market value. If the consumer does not desire a replacement vehicle, the manufacturer, agent, or dealer is required to offer refund for the vehicle. All refunds of fees are required, including government, licensing, and registration fees.
