The New York Used Car Lemon Law

By: johnkevin | Posted: 05th August 2010

With an acute recession in the economy, people tend to think twice before investing in new cars. New vehicles depreciate rapidly and it makes a lot of financial sense buying a pre-owned car. By the time you buy a New York used vehicle its price had already stabilized to a plateau with only the slightest depreciation towards the next year. Since buying a New York used vehicle is the second most expensive purchase one makes, researching is of the highest priority to avoid buying a used lemon car.

The New York used car lemon law provides a time and mileage minimum for warranties, whichever occurs first to protect the rights of the New York used car consumers.

The New York used car lemon law requires dealers to provide warranties on all New York used cars sold:

For more than $1,500

With less than 100,000 miles

If the New York used car has less than 36,000 miles when sold the warranty must:

Last 90 days or 4,000 miles

Provide coverage for components like the engine and transmission

Warranty term under the New York used car lemon law:

The New York used car lemon law term of the warranty is based on usage

A warranty must last 90 days or 4,000 miles if the vehicle has 36,000 miles or less

60 days or 3,000 miles if the vehicle has more than 36,000 miles but less than 80,000 miles

30 days or 1,000 miles if the vehicle has 80,000 miles or more but less than 100,000 miles

Warranty coverage under the New York used car lemon law

The New York used car lemon law requires New York used car dealers to provide:

A written warranty when selling a New York used motor vehicle

A written warranty should cover components, including the engine, transmission, drive axle, brakes, radiator, steering and the ignition system excluding the battery

The warranties may exclude defects due to lack of maintenance, collision, abuse, theft, vandalism and odometer tampering
Standard for returning a vehicle under the New York used car lemon law

A consumer may return the New York used car and obtain a refund if:

The New York used car dealer cannot repair a defect that substantially impairs its value

The defect has not been corrected even after three or more attempts of repairs

The vehicle has been out of service for repairs for 15 days during the warranty period

If the repair is delayed due to the unavailability of parts are the deadline is overlooked. A consumer is entitled to a refund or replacement vehicle if the vehicle has not been repaired after 45 days.

Notification of Rights under the New York used car lemon law

The New York used car lemon law requires:

The New York used car dealers to give buyers a notice entitled, "Used Car Lemon Law Bill of Rights"

The notice describes a consumer's rights under the New York used car lemon law

The New York used car lemon law voids any waiver of rights signed by the consumer

The New York used car lemon law does not limit a consumer's rights under other laws

The New York used car lemon law requires an Informal Dispute Resolution

If a New York used car dealer has an informal dispute resolution procedure that complies the federal Magnuson-Moss Warranty Act:

A consumer must use the procedure before enforcing his rights to return a New York used car for a refund

A New York used car dealer has 30 days to comply with an arbitrator's order

If the New York used car dealer fails to do so, a consumer, in addition to other recovery, is entitled to $ 25 per business day up to a maximum of $500.

Penalty under the New York used car lemon law

If the motor vehicles commissioner determines that a New York used car dealer has failed to comply for over 60 days, he may suspend or revoke the dealer's registration

A New York used car consumer who participated an informal dispute resolution procedure is not stopped from asserting other legal rights

A prevailing plaintiff may be awarded a reasonable attorney's fees

Exclusions under the New York used car lemon law

The New York used car lemon law does not establish a required warranty for:

Vehicles that have more than 100,000 miles

Sold for less than $1,500

Historical vehicles as described in the New York motor vehicle code
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Printed From: http://www.goinglegal.com/the-new-york-used-car-lemon-law-1677920.html
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Tags: recession, mileage, financial sense, radiator, new cars, odometer, new vehicles, plateau, motor vehicle, depreciation, vandalism, warranty coverage, pre owned car