Auto fraud deals with laws commonly called “lemon laws.” Without these laws car purchasers would not be protected from car dealerships that sell defective cars. In New York the law that deals with auto fraud as it relates to used cars is called the Used Car Lemon Law. Our state also has a lemon law that relates to new cars.

What are Your Rights Under the Used Car Lemon Law?
The first right you have under the lemon law is that, if your car is covered by the law, the car dealership is required to provide you with a written warranty as to certain parts of your car. These parts include the engine, the transmission, the drive axle, the brakes, the steering, and a category of parts called “other” that includes the radiator, the alternator, the starter, and the ignition system (except for the battery). The length of this warranty depends upon the number of miles on the vehicle when it is purchased. The warranty is for a number of days or a number of miles, whichever is reached first. For cars with 18,001 to 36,000 miles, the warranty is 90 days or 4,000 miles. For cars with 36,001 to 79,999 miles, the warranty is 60 days or 3,000 miles. For cars with 80,000 to 100,000 miles the warranty is 30 days or 1,000 miles.

What Cars are Covered by the Used Car Lemon Law?
Not all cars are covered by New York’s used car lemon law. In order for your car to be covered it must meet each of the following criteria:

  • The car must be used primarily for personal purposes, and
  • It must have been purchased or leased from a New York car dealership, and
  • It must have been transferred to you after the earlier of 18,000 miles or two years from original delivery, and
  • Its purchase price must have been at least $1,500 (or the least value must be $1,500).
  • The car must have less than $100,000 miles on it at the time of purchase.

Duty and Opportunity to Repair
If something goes wrong with your car and it is covered by this law, then the dealer has an opportunity to fix it before it has to refund your money. If , however, the dealership tries to fix the problem three times and fails to do so, it usually has to refund your money. Additionally, if the car is out of service due the repairs for a total of 15 days (which can be extended if parts are unavailable) then you may also be entitled to a refund rather than a repair. You may not be entitled to a refund if the problem with the car is due to abuse, neglect, or modification on your part or if the problem with the car does not substantially impair its value.

New York New Car Lemon Law
There is also a new car lemon law in New York. This law covers cars that are too new to be covered by the used car lemon law that are covered by warranty at original delivery and were transferred in New York or are presently registered in New York. Like used cars, they must be used primarily for personal purposes. Dealerships get four opportunities to fix these cars and have a cumulative total of 30 days of the car being out of service to work with.

Call Bromberg Law Office, P.C.
If you are involved in a New York auto fraud dispute you need the assistance of an experienced consumer protection attorney. The Bromberg Law Office can help. Call us today at (212)248-7906.