Used Car Lemon Law Fact Sheet
Lemon Law Program
The Used Car Lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.
Cars Covered by the Used Car Lemon Law Include any car that:
- was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND
- was purchased or leased from a New York dealer; AND
- had a purchase price or lease value of at least $1,500; AND
- has been driven less than 100,000 miles at the time of purchase/lease; AND
- is used primarily for personal purposes.
Statutory Warranty Length:
|Miles of Operation||Duration of Warranty (the earlier of)|
|18,001-36,000 miles||90 days or 4,000 miles|
|36,001-79,999 miles||60 days or 3,000 miles|
|80,000-100,000 miles||30 days or 1,000 miles|
Auto dealers are required by law to provide you a written warranty to covers the following parts:
Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.
Transmission: The transmission case, internal parts, and the torque converter.
Drive Axle: the front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints.
Brakes: master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake calipers.
Steering: the steering gear housing and all internal parts, power steering pump, valve body, piston and rack
Other Parts: Radiator, Alternator, Generator, Starter, and Ignition System (excluding battery)
A Dealer's Duty to Repair:
A reasonable chance for an auto dealer to repair a problem for a used car is considered to be:
- three or more repair attempts and the problem continues to exist; OR
- the car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).
Exceptions When an Auto Dealer May Not Be Required to Provide a Refund:
- the problem does not substantially impair the value of the car to the consumer; OR
- the problem is a result of abuse, neglect or unauthorized alteration of the car.
What consumers should do if they become aware of a problem with the car:
- immediately report any malfunction or defect of a covered part to the dealer and request the necessary repairs. If the consumer has notified the dealer of a problem within the warranty period, the dealer must make the repair even if the warranty has subsequently expired.
- keep careful records of all complaints and copies of all work orders, repair bills and correspondence.