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| Last reviewed
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our
contributing authors
. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please
contact an attorney in your area
.
New York Lemon Laws at a Glance
A "lemon" is a car with either one major defect or a series of recurring problems that the dealer or other mechanics are unable to remedy. Since cars can be expensive,
lemon laws
were enacted to give consumers more peace of mind when purchasing new car. New York lemon laws give consumers 18 months or 18,000 miles from the date of purchase, whichever comes first, to return their vehicle for a full refund if it is determined to be a lemon.
What is a Lemon According to New York Law?
A
new car that fails to conform
to the terms of its written warranty and is unable to be fixed by the dealer (or authorized mechanic) within two years or 18,000 is considered a lemon in New York. The lemon law does NOT cover automobile problems that don’t substantially impair its value or are the result of misuse by the owner.
New York also has a used car lemon law, which is pretty unusual. Used car dealers are required to provide a warranty, which serves as the basis of
New York’s used car lemon law
. For example, a used car with more than 18,000 miles (but less than 36,000 miles) is entitled to a 90 day or 4,000-mile warranty. The warranty coverage requirements include the engine, transmission, and other specific parts and functions.
The following table highlights the main provisions of New York’s lemon law (Tanner Consumer Protection Act). See
Secret Warranties, Recalls, and Lemons
and
How the New Car Lemon Law Can Help You
for more information.
Code Section
Gen. Bus. §198-a
Title of Act
New Car Lemon Law
Definition of Defects
Nonconformity to all express warranties
Time Limit for Manufacturer Repair
First 18,000 miles or during period of 2 years following date of original delivery, whichever is earlier reporting of nonconformity by consumers
Remedies
Consumer’s option: replace vehicle with comparable motor vehicle or accept return and refund full purchase price, or if applicable, the lease price and any trade-in allowance plus fees and charges less reasonable allowance for consumer’s use in excess of first 12,000 miles pursuant to mileage deduction formula and a reasonable allowance for any damage not attributable to normal wear and improvements; vehicle must be sold and registered in New York
Note:
State laws are constantly changing —
contact a New York consumer protection attorney
or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
New York Code
Official State Codes
– Links to the official online statutes (laws) in all 50 states and DC.
New York Lemon Laws: Related Resources
Lemon Laws and Car Buyer Protections
How the New Car Lemon Laws Can Help You
How to Get Out of a Car Purchase: Is There a Cooling-Off Period?
Find a Lemon Law Attorney
Was this helpful? | |||||||||
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5. New York Lemon Laws
# New York Lemon Laws
*Created by [FindLaw’s team](https://www.findlaw.com/company/our-team.html) of legal writers and editors*
\| Last reviewed
June 29, 2017
## Legally Reviewed
*This article has been written and reviewed for legal accuracy, clarity, and style by [FindLaw’s team of legal writers and attorneys](https://www.findlaw.com/company/our-team.html) and in accordance with [our editorial standards](https://www.findlaw.com/company/company-history/editorial-policy.html).*
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## New York Lemon Laws at a Glance
A "lemon" is a car with either one major defect or a series of recurring problems that the dealer or other mechanics are unable to remedy. Since cars can be expensive, [lemon laws](https://www.findlaw.com/state/consumer-laws/details-on-state-state-lemon-laws.html) were enacted to give consumers more peace of mind when purchasing new car. New York lemon laws give consumers 18 months or 18,000 miles from the date of purchase, whichever comes first, to return their vehicle for a full refund if it is determined to be a lemon.
## What is a Lemon According to New York Law?
A [new car that fails to conform](http://www.ag.ny.gov/consumer-frauds/new-car-lemon-law-fact-sheet) to the terms of its written warranty and is unable to be fixed by the dealer (or authorized mechanic) within two years or 18,000 is considered a lemon in New York. The lemon law does NOT cover automobile problems that don’t substantially impair its value or are the result of misuse by the owner.
New York also has a used car lemon law, which is pretty unusual. Used car dealers are required to provide a warranty, which serves as the basis of [New York’s used car lemon law](http://www.ag.ny.gov/consumer-frauds/used-car-lemon-law-fact-sheet). For example, a used car with more than 18,000 miles (but less than 36,000 miles) is entitled to a 90 day or 4,000-mile warranty. The warranty coverage requirements include the engine, transmission, and other specific parts and functions.
The following table highlights the main provisions of New York’s lemon law (Tanner Consumer Protection Act). See [Secret Warranties, Recalls, and Lemons](https://www.findlaw.com/consumer/lemon-law/secret-warranties-recalls-and-lemons.html) and [How the New Car Lemon Law Can Help You](https://www.findlaw.com/consumer/lemon-law/how-the-new-car-lemon-law-can-help-you.html) for more information.
| | |
|---|---|
| Code Section | Gen. Bus. §198-a |
| Title of Act | New Car Lemon Law |
| Definition of Defects | Nonconformity to all express warranties |
| Time Limit for Manufacturer Repair | First 18,000 miles or during period of 2 years following date of original delivery, whichever is earlier reporting of nonconformity by consumers |
| Remedies | Consumer’s option: replace vehicle with comparable motor vehicle or accept return and refund full purchase price, or if applicable, the lease price and any trade-in allowance plus fees and charges less reasonable allowance for consumer’s use in excess of first 12,000 miles pursuant to mileage deduction formula and a reasonable allowance for any damage not attributable to normal wear and improvements; vehicle must be sold and registered in New York |
***Note:*** *State laws are constantly changing — [contact a New York consumer protection attorney](https://lawyers.findlaw.com/consumer-protection/new-york/) or conduct your own legal research to verify the state law(s) you are researching.*
## Research the Law
- [New York Code](https://codes.findlaw.com/ny/)
- [Official State Codes](https://www.findlaw.com/state/state-codes.html) – Links to the official online statutes (laws) in all 50 states and DC.
## New York Lemon Laws: Related Resources
- [Lemon Laws and Car Buyer Protections](https://www.findlaw.com/consumer/lemon-law.html)
- [How the New Car Lemon Laws Can Help You](https://www.findlaw.com/consumer/lemon-law/how-the-new-car-lemon-law-can-help-you.html)
- [How to Get Out of a Car Purchase: Is There a Cooling-Off Period?](https://www.findlaw.com/consumer/lemon-law/how-to-get-out-of-a-car-purchase.html)
- [Find a Lemon Law Attorney](https://lawyers.findlaw.com/lemon-law/)
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*The last updated date refers to the last time this article was reviewed by FindLaw or one of our [contributing authors](https://www.findlaw.com/company/our-team/contributing-authors.html). We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please [contact an attorney in your area](https://lawyers.findlaw.com/?fli=bylinelink).*
## New York Lemon Laws at a Glance
A "lemon" is a car with either one major defect or a series of recurring problems that the dealer or other mechanics are unable to remedy. Since cars can be expensive, [lemon laws](https://www.findlaw.com/state/consumer-laws/details-on-state-state-lemon-laws.html) were enacted to give consumers more peace of mind when purchasing new car. New York lemon laws give consumers 18 months or 18,000 miles from the date of purchase, whichever comes first, to return their vehicle for a full refund if it is determined to be a lemon.
## What is a Lemon According to New York Law?
A [new car that fails to conform](http://www.ag.ny.gov/consumer-frauds/new-car-lemon-law-fact-sheet) to the terms of its written warranty and is unable to be fixed by the dealer (or authorized mechanic) within two years or 18,000 is considered a lemon in New York. The lemon law does NOT cover automobile problems that don’t substantially impair its value or are the result of misuse by the owner.
New York also has a used car lemon law, which is pretty unusual. Used car dealers are required to provide a warranty, which serves as the basis of [New York’s used car lemon law](http://www.ag.ny.gov/consumer-frauds/used-car-lemon-law-fact-sheet). For example, a used car with more than 18,000 miles (but less than 36,000 miles) is entitled to a 90 day or 4,000-mile warranty. The warranty coverage requirements include the engine, transmission, and other specific parts and functions.
The following table highlights the main provisions of New York’s lemon law (Tanner Consumer Protection Act). See [Secret Warranties, Recalls, and Lemons](https://www.findlaw.com/consumer/lemon-law/secret-warranties-recalls-and-lemons.html) and [How the New Car Lemon Law Can Help You](https://www.findlaw.com/consumer/lemon-law/how-the-new-car-lemon-law-can-help-you.html) for more information.
| | |
|---|---|
| Code Section | Gen. Bus. §198-a |
| Title of Act | New Car Lemon Law |
| Definition of Defects | Nonconformity to all express warranties |
| Time Limit for Manufacturer Repair | First 18,000 miles or during period of 2 years following date of original delivery, whichever is earlier reporting of nonconformity by consumers |
| Remedies | Consumer’s option: replace vehicle with comparable motor vehicle or accept return and refund full purchase price, or if applicable, the lease price and any trade-in allowance plus fees and charges less reasonable allowance for consumer’s use in excess of first 12,000 miles pursuant to mileage deduction formula and a reasonable allowance for any damage not attributable to normal wear and improvements; vehicle must be sold and registered in New York |
***Note:*** *State laws are constantly changing — [contact a New York consumer protection attorney](https://lawyers.findlaw.com/consumer-protection/new-york/) or conduct your own legal research to verify the state law(s) you are researching.*
## Research the Law
- [New York Code](https://codes.findlaw.com/ny/)
- [Official State Codes](https://www.findlaw.com/state/state-codes.html) – Links to the official online statutes (laws) in all 50 states and DC.
## New York Lemon Laws: Related Resources
- [Lemon Laws and Car Buyer Protections](https://www.findlaw.com/consumer/lemon-law.html)
- [How the New Car Lemon Laws Can Help You](https://www.findlaw.com/consumer/lemon-law/how-the-new-car-lemon-law-can-help-you.html)
- [How to Get Out of a Car Purchase: Is There a Cooling-Off Period?](https://www.findlaw.com/consumer/lemon-law/how-to-get-out-of-a-car-purchase.html)
- [Find a Lemon Law Attorney](https://lawyers.findlaw.com/lemon-law/)
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