Consumer protection guide · NY
New York Lemon Law
Under New York's lemon law, a new vehicle qualifies as a lemon after 4 unsuccessful repair attempts or 30 cumulative days out of service, entitling the buyer to a refund or a replacement vehicle.
New York New Car Lemon Law
StatuteN.Y. Gen. Bus. Law § 198-a· Enacted 1983
Last reviewed
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24 mo
Coverage period
or 18,000 miles
4
Repair attempts
30 days
Days out of service
Cumulative for warranty work
—
Statute of limitations
Not reviewed yet — ask an attorney
If you bought or leased a new vehicle in New York that keeps going back to the dealer for the same unresolved defect, you may be protected under New York New Car Lemon Law (enacted 1983), codified at N.Y. Gen. Bus. Law § 198-a. This guide explains — in plain English — how the law works, what qualifies a vehicle as a lemon in New York, what remedies you can demand from the manufacturer, and how to file a claim. It is not legal advice; when a real dispute emerges you should consult a licensed New York consumer attorney.
What the New York lemon law covers
Qualifying criteria
The law covers new vehicles, used vehicles sold by a dealer, and leased vehicles. The defect must appear within the first 24 months of original delivery or before the odometer reaches 18,000 miles, whichever comes first. The manufacturer or its authorized dealer must have had at least 4 opportunities to fix the same defect. OR the vehicle must have been out of service for at least 30 cumulative days for warranty repairs during the coverage period.
Your remedies
If your vehicle qualifies, the New York lemon law requires the manufacturer to provide a refund or a replacement vehicle. The statute (N.Y. Gen. Bus. Law § 198-a) decides who chooses between them, what a refund must include — often the purchase price plus taxes and fees — and how much the manufacturer may deduct for your use of the vehicle. A replacement must be comparable to the vehicle it replaces. If you win, New York law can also make the manufacturer pay your reasonable attorney's fees, which is why many lemon-law attorneys take these cases without an upfront fee.
How to file a New York lemon law claim
Here is how a typical New York lemon-law claim unfolds: (1) Keep every repair order the dealer gives you — dates, mileage, the defect description, and the parts replaced. These become your evidence. (2) Send the manufacturer written notice of the defect after the third or fourth repair attempt and request a final repair opportunity. (3) Go through the New York New Car Lemon Law Arbitration Program before going to court for a lemon-law remedy — New York requires this step. (4) Ask a New York lemon-law attorney early which filing deadline applies: some lemon laws set their own, and others rely on general limitation periods.
Required arbitration program
New York New Car Lemon Law Arbitration Program
Federal backup: Magnuson-Moss Warranty Act
Whether or not your claim fits the New York lemon law, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides an independent cause of action whenever a written warranty has been breached. Magnuson-Moss applies in every state, allows you to recover attorney’s fees and costs from the manufacturer when you prevail, and covers used vehicles sold with an express written warranty — filling many of the gaps that narrow state lemon laws leave open.
New York lemon law FAQs
Lemon laws in other states
Check a New York VIN for a lemon-law buyback before you buy
Many states require a manufacturer buyback to be branded on the title (California’s “Lemon Law Buyback” brand, for example), but not all do — some only require a written disclosure to the next buyer. A full vehicle history report shows title brands where they were reported; the free VIN check does not.