Key takeaways
- Protection period: first 18,000 miles of operation or 2 years from original delivery, whichever is earlier.
- Repair attempts: same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service: cumulative total of 30 or more calendar days out of service for repair during the protection period.
- Deadline: action must be commenced within 4 years of the date of original delivery of the vehicle to the consumer.
- The law is N.Y. Gen. Bus. Law § 198-a (new); § 198-b (used). Read it with your repair orders and your warranty in front of you.
On this page
New York's lemon law is N.Y. Gen. Bus. Law § 198-a (new); § 198-b (used), the New York New Car Lemon Law (GBL § 198-a) and Used Car Lemon Law (GBL § 198-b). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.
New York lemon law at a glance
| Statute | N.Y. Gen. Bus. Law § 198-a (new); § 198-b (used) |
|---|---|
| Official name | New York New Car Lemon Law (GBL § 198-a) and Used Car Lemon Law (GBL § 198-b) |
| Vehicles covered | Vehicles (excluding off-road vehicles) covered by a manufacturer's express warranty at original delivery and bought, leased, or transferred in New York within the first 18,000 miles or 2 years, or registered in New York, and used primarily for personal, family or household purposes. Does not apply to the living facilities of motor homes. |
| Leased vehicles | Yes, leased vehicles are covered. |
| Protection period | First 18,000 miles of operation or 2 years from original delivery, whichever is earlier. |
| Repair attempts | Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist. |
| Days out of service | Cumulative total of 30 or more calendar days out of service for repair during the protection period. |
| Notice to the manufacturer | Consumer must report the nonconformity to the manufacturer, its agent, or its authorized dealer during the protection period; a dealer receiving the report must forward it to the manufacturer. The statute does not require written notice to the manufacturer or a final repair opportunity before the presumption applies (special notice rules apply to motor homes). |
| Dispute programs | If the manufacturer has an informal dispute settlement mechanism complying with the section, the consumer must first use it before the refund/replacement remedy applies. Alternatively, the consumer may elect the state-run arbitration program established under Attorney General regulations (filing fee applies); manufacturers must participate. |
| Deadline to bring a claim | Action must be commenced within 4 years of the date of original delivery of the vehicle to the consumer. |
| Remedies | At the consumer's option, a comparable replacement vehicle or a refund of the full purchase price or lease payments, including trade-in allowance and fees/charges, less an allowance for use in excess of the first 12,000 miles and an allowance for damage not attributable to normal wear or improvements. |
| Attorney's fees | Yes. A court may award reasonable attorney's fees to a prevailing plaintiff or a consumer who prevails, including in actions arising from arbitration (§ 198-a(l)); § 198-b also allows fees to a prevailing plaintiff. |
| Used vehicles | Yes. GBL § 198-b requires dealer warranties on used vehicles sold or leased for $1,500 or more with up to 100,000 miles: 90 days/4,000 miles (36,000 miles or less), 60 days/3,000 miles (over 36,000 to under 80,000), 30 days/1,000 miles (80,000 to 100,000). Presumption: same defect repaired 3 or more times, or 15 or more cumulative days out of service, within the warranty. Refund remedy; 4-year filing deadline. |
Does your vehicle qualify in New York?
The law covers vehicles (excluding off-road vehicles) covered by a manufacturer's express warranty at original delivery and bought, leased, or transferred in New York within the first 18,000 miles or 2 years, or registered in New York, and used primarily for personal, family or household purposes. Does not apply to the living facilities of motor homes. The protection period is first 18,000 miles of operation or 2 years from original delivery, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:
- Repeated repairs: Same nonconformity subject to repair 4 or more times within the protection period and it continues to exist.
- Days out of service: Cumulative total of 30 or more calendar days out of service for repair during the protection period.
As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.
Notice, dispute programs and deadlines
Consumer must report the nonconformity to the manufacturer, its agent, or its authorized dealer during the protection period; a dealer receiving the report must forward it to the manufacturer. The statute does not require written notice to the manufacturer or a final repair opportunity before the presumption applies (special notice rules apply to motor homes).
If the manufacturer has an informal dispute settlement mechanism complying with the section, the consumer must first use it before the refund/replacement remedy applies. Alternatively, the consumer may elect the state-run arbitration program established under Attorney General regulations (filing fee applies); manufacturers must participate.
Deadline: Action must be commenced within 4 years of the date of original delivery of the vehicle to the consumer.
State resource: New York State Attorney General - Lemon Law Arbitration Unit.
Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.
Questions about your vehicle's repair history?
Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.
What you can recover
At the consumer's option, a comparable replacement vehicle or a refund of the full purchase price or lease payments, including trade-in allowance and fees/charges, less an allowance for use in excess of the first 12,000 miles and an allowance for damage not attributable to normal wear or improvements. Yes. A court may award reasonable attorney's fees to a prevailing plaintiff or a consumer who prevails, including in actions arising from arbitration (§ 198-a(l)); § 198-b also allows fees to a prevailing plaintiff. Many claims are also resolved by a negotiated settlement. See buyback and replacement.
Federal warranty law also applies
The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside New York's lemon law, for example some used vehicles sold with a warranty or a service contract.
Talk to us about your New York vehicle
SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.
Frequently asked questions
How many repair attempts make a car a lemon in New York?
Under N.Y. Gen. Bus. Law § 198-a (new); § 198-b (used), the presumption is met when same nonconformity subject to repair 4 or more times within the protection period and it continues to exist. The law also counts time in the shop: cumulative total of 30 or more calendar days out of service for repair during the protection period.
How long do I have to file a lemon law claim in New York?
Action must be commenced within 4 years of the date of original delivery of the vehicle to the consumer. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.
Does the New York lemon law cover used cars?
Yes. GBL § 198-b requires dealer warranties on used vehicles sold or leased for $1,500 or more with up to 100,000 miles: 90 days/4,000 miles (36,000 miles or less), 60 days/3,000 miles (over 36,000 to under 80,000), 30 days/1,000 miles (80,000 to 100,000). Presumption: same defect repaired 3 or more times, or 15 or more cumulative days out of service, within the warranty. Refund remedy; 4-year filing deadline. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.
Does the New York lemon law cover leased vehicles?
Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.
Do I have to notify the manufacturer in New York?
Consumer must report the nonconformity to the manufacturer, its agent, or its authorized dealer during the protection period; a dealer receiving the report must forward it to the manufacturer. The statute does not require written notice to the manufacturer or a final repair opportunity before the presumption applies (special notice rules apply to motor homes). Keep a copy of anything you send and proof of delivery.
Do I have to go to arbitration in New York?
If the manufacturer has an informal dispute settlement mechanism complying with the section, the consumer must first use it before the refund/replacement remedy applies. Alternatively, the consumer may elect the state-run arbitration program established under Attorney General regulations (filing fee applies); manufacturers must participate.
Can I recover attorney's fees under the New York lemon law?
Yes. A court may award reasonable attorney's fees to a prevailing plaintiff or a consumer who prevails, including in actions arising from arbitration (§ 198-a(l)); § 198-b also allows fees to a prevailing plaintiff. We explain exactly how fees work in your case before you sign anything.