Lemon law in New York

At a glance

Who qualifies

Which vehicles

New cars, trucks, motorcycles and motor homes (but not the living quarters parts of a motor home) bought, leased or registered in New York and used mostly for personal, family or household purposes. Off-road vehicles such as snowmobiles and ATVs are not covered.

“"Motor vehicle" means a motor vehicle excluding off road vehicles, which was subject to a manufacturer's express warranty at the time of original delivery”

ag.ny.gov

Repair attempts

The car is presumed a lemon if the same defect has been repaired 4 or more times within the protection period and still is not fixed.

“the same nonconformity, defect or condition has been subject to repair four or more times by the manufacturer or its agents or authorized dealers”

ag.ny.gov

Serious safety defects

The law does not say.

Days out of service

The car is presumed a lemon if it has been out of service for repairs a total of 30 or more calendar days within the protection period.

“the vehicle is out of service by reason of repair of one or more nonconformities, defects or conditions for a cumulative total of thirty or more calendar days”

ag.ny.gov

Used vehicles

Used cars are covered by a separate used car lemon law (Gen. Bus. Law § 198-b) that requires a dealer warranty. It applies only to cars bought or leased from a New York dealer for at least $1,500 with under 100,000 miles, and the warranty runs from 30 days/1,000 miles to 90 days/4,000 miles depending on mileage.

“The car had a purchase price or lease value of at least $1,500.”

ag.ny.gov

Leased vehicles

Yes. People who lease a car are covered, and the lease ends without an early termination penalty if the car is found to be a lemon.

“"Consumer" means the purchaser, lessee or transferee, other than for purposes of resale, of a motor vehicle which is used primarily for personal, family or household purposes”

ag.ny.gov

Deadlines

Protection period

2 years or 18,000 miles after original delivery, whichever comes first.

“YOUR NEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST.”

ag.ny.gov

Time limit to file

A lawsuit must be filed within 4 years of the date the car was first delivered to you.

“Any action brought pursuant to this section shall be commenced within four years of the date of original delivery of the motor vehicle to the consumer.”

ag.ny.gov

Steps

1. Keep every repair order. Each visit to the dealer should give you a work order with the date, the mileage, what you reported and what they did. Ask for one every time, even when they find nothing. These papers are your case.
2. Check the dates. 2 years or 18,000 miles after original delivery, whichever comes first. A lawsuit must be filed within 4 years of the date the car was first delivered to you.
3. Tell the manufacturer in writing. The law asks for written notice. See written notice below.
4. Use the dispute program if one is required. See arbitration below for whether you must go there before court.
5. Ask for a refund or a replacement, or file. Send the letter, then file before the time limit if the manufacturer will not buy the vehicle back or replace it.

Written notice

You must report the defect to the manufacturer or its dealer within the protection period. The dealer must forward written notice to the manufacturer within 7 days. Motor home owners must also send a special certified-mail notice and allow one more repair attempt.

“the consumer shall during such period report the nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer”

ag.ny.gov

Arbitration

If the manufacturer has its own dispute program, you must use it before asking a court for a refund or replacement. You can also choose the state arbitration program run by the Attorney General (administered by NYSDRA) for a filing fee, and the manufacturer must take part.

“Each consumer shall have the option of submitting any dispute arising under this section upon the payment of a prescribed filing fee to an alternate arbitration mechanism established pursuant to regulations promulgated hereunder by the New York state attorney general.”

ag.ny.gov

What you get

You choose a comparable replacement car or a refund of the full purchase or lease price plus license, registration and other government fees. The manufacturer may deduct for miles driven over the first 12,000 and for damage beyond normal wear.

“the manufacturer, at the option of the consumer, shall replace the motor vehicle with a comparable vehicle, or accept return of the vehicle from the consumer and refund to the consumer the full purchase price”

ag.ny.gov

Do it yourself

You can bring a lemon law claim without a lawyer. It takes letters, records and patience. The usual route:

1. Put your repair orders in date order and count the attempts and the days out of service.
2. Send the manufacturer the letter below, by a tracked method, to the address in your owner's manual or warranty booklet.
3. If it offers a final repair, let it try within the time the law gives it.
4. If it refuses or does not answer, file with the manufacturer's dispute program or the state program (New York State Attorney General, Lemon Law Program), then court if you need to.
5. Do not sell or trade in the vehicle while the claim is open.

[Your name]
[Your address]
[Date]

[Manufacturer name]
[Address from your owner's manual or warranty booklet]

Re: Lemon law claim, [year make model], VIN [VIN]

I bought (or leased) this vehicle on [date] from [dealer], in New York. It has a defect that the dealer has not been able to fix: [describe it in one or two sentences].

It has been in for repair of this defect [number] times, on [dates], and out of service for a total of [number] days. Copies of the repair orders are enclosed.

Under New Car Lemon Law (N.Y. Gen. Bus. Law § 198-a (new cars); § 198-b (used cars)), I ask you to repurchase or replace the vehicle. Please reply in writing within 15 days. I can bring the vehicle in for a final repair attempt if the law gives you one.

[Your name]
[Phone and email]

What a buyback pays in New York

The law asks for a reasonable allowance for your use without a fixed formula. Makers and courts often use the one several states write into law: the price times the miles driven, counting only those over 12,000, divided by 120,000. For a $40,000 car with 6,000 miles at the first repair and 15,000 now, that is about $1,000.

Estimate your buyback

Questions people ask about New York's lemon law

Find a New York lemon law lawyer

Yes. A court may award reasonable attorney fees to a consumer who wins.

“A court may award reasonable attorney's fees to a prevailing plaintiff”

ag.ny.gov

Because the manufacturer usually pays the lawyer's fees when you win, most lemon law lawyers charge you nothing up front. A lawyer also knows what the manufacturer offers in cases like yours and what the use deduction should be.

Send the free case check below and we find a lemon law firm that takes New York cases like yours. The firm contacts you, and you decide whether to hire them.

Sources

• N.Y. Gen. Bus. Law § 198-a (new cars); § 198-b (used cars), New Car Lemon Law
• New York State Attorney General, Lemon Law Program
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, the federal warranty law that also lets owners recover attorney fees.

Each quote above is copied from the page it links to, checked 2026-10-26. If a page has moved, the citation still finds the law.