What Should You do if Your Car is a Lemon? Three Facts about NYS Lemon Laws

Written by New York State Law on. Posted in Homepage

New york state lemon law

Are you wondering just how protected you are under NY state laws when you’re buying a vehicle? Many car purchases are covered by New York State Lemon Laws. These laws help protect consumers from fraud. Lemon cars are cars that are only discovered defective after they’ve been purchased. Here are three things you should know about these laws, and whether or not they can help you out.

1. Is Every Car Protected?

No, though many are. For your car to be eligible for a Lemon Law case, your car needs to be leased, bought, transferred or currently registered within the state by the first two years or 18,000 miles. Lemon cars can be either new or used, and need to be covered by warranty during the original delivery. The driver must also be unable to drive their car for at least 30 days. Before getting a used car, always make sure to check the vehicle registration number, or VRN, in order to see the car’s history and possible collisions it has been involved in or major repairs it has received.

2. What Happens When You Decide to File a Case Under the New York State Lemon Law?

If you decide to file a complaint, you will have to pay a $110 deposit fee. This fee will be returned to you, though, if you win the case. Though this might seem discouraging, it helps prevent fake claims from entering the courts, ensuring that real claims are given the attention they deserve. Exceptions for when manufacturers will not be required to issue a replacement or refund? When the problem is the result of user abuse or unauthorized vehicle alteration, or when the issue does not impair the vehicle value.

3. What to Do During Your Case

If you do decide to file, make sure you get records of everything. Document everyone you talk to, and keep track of all your invoices. If the issue with your car occurs intermittently, make sure to have a camcorder or camera on hand to capture it. Get a separate invoice with each repair, and make sure each document has the repair, the date you brought it in, a description of the repairs, and the date the repairs were completed. Talking to an attorney can also be a good idea if you think you have a solid case; under New York State laws, the manufacturer is required by consumer protection laws to pay your legal fees if you win the case.

What experience have you had with the New York State Lemon Laws?

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