Lemon Law Lawyer New York

New & Used Vehicle Defect Claims

You bought a car expecting it to work. Instead, you are dealing with repeated breakdowns, unresolved defects, and a dealer who cannot — or will not — fix the problem. You are not stuck with a lemon. New York has strong consumer protection laws that may entitle you to a full refund, a replacement vehicle, or a cash settlement.

At Joya Law Firm, we represent New York consumers who purchased or leased defective vehicles. Whether your car, truck, SUV, or motorcycle has a persistent mechanical problem, a recurring safety issue, or a defect the dealer cannot repair, we can help you understand your rights and pursue the remedy you deserve.

What Is the New York Lemon Law?

The New York Lemon Law — formally codified as General Business Law § 198-a — protects consumers who buy or lease new vehicles that turn out to have substantial defects. If your new car has a problem that the manufacturer or dealer cannot fix after a reasonable number of attempts, the law requires them to either refund your purchase price or replace the vehicle.

New York was one of the first states in the country to pass lemon law legislation, and its protections remain among the strongest. The law covers:

New cars, trucks, vans, and SUVs purchased or leased in New York
Motorcycles with an engine displacement of more than 750cc
Vehicles that cost over $1,500 (effectively all new vehicles)
Defects that arise during the first 18,000 miles or 2 years of ownership (whichever comes first)

The New York Lemon Law applies to vehicles purchased from a dealer. Private-party sales of new vehicles are rare, but if you purchased through a dealer or authorized seller, you are covered. New York also has separate protections for used vehicles, which we address below.

What Qualifies as a “Lemon” in New York?

Not every car problem qualifies under the Lemon Law. To meet the legal threshold, your vehicle must have a substantial defect that:

Impairs the vehicle’s value, use, or safety — This includes engine failures, transmission problems, persistent electrical issues, brake defects, steering malfunctions, airbag problems, chronic stalling, unresolved warning lights, or any defect that makes the vehicle unreliable or unsafe.
Cannot be repaired after a reasonable number of attempts — New York law presumes the manufacturer has had a “reasonable number of attempts” if:

The same defect has been subject to 4 or more repair attempts and the problem persists, OR
The vehicle has been out of service for a cumulative total of 30 or more days due to repairs during the coverage period

Is covered by the manufacturer’s warranty — The defect must be something the warranty is supposed to cover. Normal wear and tear, damage caused by accidents, or aftermarket modifications are not covered.
Is not the result of abuse, neglect, or unauthorized modifications — The defect must have existed or developed under normal use.

If your vehicle meets these criteria, the manufacturer is legally obligated to provide relief. You do not need to accept endless repair attempts or “one more try” from the dealer.

The New York Lemon Law Claim Process: Step by Step

Filing a lemon law claim in New York follows a structured process. Here is how it works:

STEP 1

Document every repair attempt

Keep detailed records of every time you bring the vehicle in for service:

Repair orders and work orders (keep every copy)
Dates the vehicle was dropped off and picked up
Description of the problem you reported
What the dealer says they did to fix it
Whether the problem recurred after each repair
The total number of days your vehicle was in the shop

STEP 2

Notify the manufacturer

Before pursuing a lemon law claim, you must give the manufacturer direct written notice of the defect and a final opportunity to repair it. Send a certified letter (return receipt requested) to the manufacturer’s customer service or legal department describing:

The vehicle (year, make, model, VIN)
The defect
Your repair history
A request for a refund or replacement under GBL § 198-a

The manufacturer then has a reasonable opportunity (typically one final repair attempt) to fix the problem.

STEP 3

Choose your path — arbitration or lawsuit

If the manufacturer fails to resolve the defect, you have two options:

Option A: New York Attorney General’s Lemon Law Arbitration Program (New Car Lemon Law Arbitration)

Free to consumers — no filing fee
Administered by the NY Attorney General’s office
Hearing conducted by a professional arbitrator
Decision typically issued within 40 days of the hearing
The manufacturer is bound by the arbitrator’s decision (but you are not — you can reject it and pursue court action instead)

Option B: File a lawsuit

You can file in state court seeking a refund, replacement, or damages
Allows you to pursue additional damages beyond what arbitration offers
You may recover attorney’s fees if you prevail (GBL § 198-a(k))
Recommended when the defect is severe, the manufacturer is uncooperative, or you prefer a court determination

STEP 4

Receive your remedy

If your claim succeeds — through arbitration or court — you are entitled to one of the following:

Full refund — the manufacturer refunds your purchase price (or remaining lease payments), including taxes, registration fees, and finance charges, minus a reasonable offset for your use of the vehicle before the first repair attempt
Vehicle replacement — the manufacturer provides a comparable new vehicle
Cash settlement — in some cases, you and the manufacturer may negotiate a cash settlement that compensates you for the diminished value and repair costs

New York Used Car Lemon Law (GBL § 198-b)

New York extends lemon law protections to used vehicles as well — an important consumer protection that many states lack. Under General Business Law § 198-b, dealers who sell used cars must provide a written warranty covering certain defects:

Vehicle Mileage at Sale	Warranty Coverage
Under 36,000 miles	90 days or 4,000 miles (whichever comes first)
36,001 – 79,999 miles	60 days or 3,000 miles (whichever comes first)
80,000 – 100,000 miles	30 days or 1,000 miles (whichever comes first)

The used car lemon law covers the following vehicle systems and components:

Engine and engine cooling system
Transmission and drive shaft
Electrical system
Brakes (including power assist and brake lines)

If the dealer cannot repair a covered defect within three repair attempts or the vehicle is out of service for 15 or more days, you are entitled to a full refund of the purchase price plus taxes and fees.

Important: The used car lemon law applies to vehicles with fewer than 100,000 miles purchased from a dealer. Private-party sales and vehicles with over 100,000 miles are not covered. Vehicles sold “as-is” at auction are also excluded, but dealer sales of used cars to consumers must include the statutory warranty — a dealer cannot simply label a vehicle “as-is” to avoid the law.

The Federal Magnuson-Moss Warranty Act: Your Backup Protection

In addition to New York’s state lemon laws, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) provides additional protection for consumers who purchase vehicles with a written warranty.

The Magnuson-Moss Act allows you to:

Sue the manufacturer in federal or state court for breach of warranty
Recover attorney’s fees and costs if you prevail
Pursue claims that fall outside state lemon law coverage — for example, defects that arise after the state lemon law coverage period but within the manufacturer’s warranty period

This federal law is particularly valuable when:

Your vehicle’s defect falls outside New York’s 18,000-mile/2-year window but within the manufacturer’s warranty
You purchased the vehicle outside New York but now reside in the state
Your claim involves a used vehicle that falls outside GBL § 198-b coverage but is still under a manufacturer or extended warranty

Our attorneys evaluate every case under both state and federal law to identify the strongest claims available to you.

What Damages Can You Recover in a New York Lemon Law Case?

Depending on the facts of your case and the legal path you choose, you may be entitled to:

Full purchase price refund (minus a reasonable use offset)
Replacement vehicle of comparable value
Cash settlement for the vehicle’s diminished value
Reimbursement of incidental and consequential damages — towing costs, rental car expenses, lost wages from missed work, and other out-of-pocket costs caused by the defect
Attorney’s fees — under both GBL § 198-a and the Magnuson-Moss Act, a prevailing consumer may recover reasonable attorney’s fees from the manufacturer
Court costs and filing fees

The availability of attorney’s fees means that pursuing a lemon law claim is often more affordable than consumers expect. In many cases, the manufacturer — not you — ends up paying your legal costs.

Why Choose Joya Law Firm for Your Lemon Law Claim?

Dealing with a defective vehicle is frustrating. Dealing with a manufacturer that refuses to take responsibility is worse. At Joya Law Firm, we take the burden off your shoulders:

If your lemon law dispute involves contractual issues with a dealership or third-party warranty provider, our experience with contract disputes strengthens your position. And if you are a Joya Law client seeking help with any of our other New York legal services, we are here to assist.

Frequently Asked Questions (FAQ)

How do I know if my car qualifies as a lemon in New York?

Your new vehicle likely qualifies if it has a substantial defect covered by the manufacturer’s warranty that the dealer has been unable to repair after 4 or more attempts for the same problem, or if the vehicle has been out of service for a cumulative total of 30 or more days during the first 2 years or 18,000 miles of ownership. Used vehicles purchased from a dealer with under 100,000 miles have similar protections under GBL § 198-b with different thresholds (3 repair attempts or 15 days out of service).

Does the New York Lemon Law cover leased vehicles?

Yes. The New York Lemon Law applies to both purchased and leased new vehicles. If you lease a car that turns out to be a lemon, you are entitled to the same remedies — refund of payments made (or cancellation of remaining lease obligations) or replacement with a comparable vehicle.

Can a dealer sell me a car "as-is" to avoid the lemon law?

For new cars, no — the manufacturer’s warranty and the New York Lemon Law apply regardless of any “as-is” language. For used cars sold by a dealer with fewer than 100,000 miles, the dealer is required by law to provide the statutory warranty under GBL § 198-b. A dealer cannot waive these protections by labeling a sale “as-is.” However, private-party sales and sales of vehicles over 100,000 miles are not covered by the used car lemon law.

How long does a New York lemon law case take?

Timelines vary depending on the path you choose. The New York Attorney General’s arbitration program typically reaches a decision within approximately 40 days after the hearing. If you file a lawsuit, the timeline depends on the complexity of the case and the court’s schedule, but many cases settle before trial within 3 to 12 months. Your attorney can give you a more specific estimate based on your facts.

Do I have to pay a lawyer for a lemon law case?

Under both the New York Lemon Law (GBL § 198-a) and the federal Magnuson-Moss Warranty Act, a prevailing consumer can recover reasonable attorney’s fees from the manufacturer. This means the manufacturer — not you — may be responsible for your legal costs if your claim succeeds. Many lemon law attorneys offer free initial consultations and take cases on terms that minimize your out-of-pocket risk.

What if the dealer keeps telling me to "give them one more chance" to fix it?

You are not required to give the dealer unlimited repair attempts. New York law sets clear thresholds: 4 repair attempts for the same defect or 30 cumulative days out of service for new cars. Once you have reached those thresholds and sent the manufacturer written notice with a final opportunity to repair, you have met your obligations under the law. If the problem persists, you are entitled to pursue a refund or replacement. Do not let a dealer pressure you into indefinite repairs.

Can I file a lemon law claim if I bought my car in another state but live in New York?

The New York Lemon Law generally applies to vehicles purchased or leased in New York State. If you bought your car in another state, New York’s state lemon law may not apply, but you may have claims under the other state’s lemon law or under the federal Magnuson-Moss Warranty Act, which applies nationwide. Consult a lemon law attorney to evaluate which laws protect you.

Take the Next Step

You should not have to keep paying for a vehicle that does not work. If you bought or leased a defective car, truck, SUV, or motorcycle in New York, Joya Law Firm can evaluate your claim and help you pursue the refund, replacement, or settlement you are owed.

Bring your repair records, purchase or lease agreement, and warranty documents to your consultation — we will review everything and give you a clear, honest assessment of your options.