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New York Lemon Law: Do You Qualify?

Under the N.Y. Gen. Bus. Law § 198-a (New Car Lemon Law).

New York protects car buyers with two separate lemon laws: a New Car Lemon Law for defects that appear within 2 years or 18,000 miles of delivery, and a Used Car Lemon Law that makes licensed dealers stand behind a statutory warranty on most used cars with up to 100,000 miles. If your vehicle keeps returning to the shop for the same problem, or has spent weeks out of service, you may qualify for a refund or a replacement. The free checker below applies New York's rules to your answers in minutes.

New York lemon law at a glance

Coverage window
New cars: 2 years from original delivery or 18,000 miles, whichever comes first. Used cars have mileage-tiered dealer warranties: 90 days or 4,000 miles (under 36,001 miles at sale), 60 days or 3,000 miles (36,001 to 79,999), 30 days or 1,000 miles (80,000 to 100,000). Over 100,000 miles is not covered.
Repair attempts
New cars: 4 or more attempts for the same defect. New York provides no reduced count for safety defects. Used cars: 3 attempts for the same defect.
Days out of service
New cars: 30 or more cumulative days. Used cars: 15 cumulative days out of service.
Written notice
Written notification to the manufacturer (or its authorized agent) is generally required, and the manufacturer must get a final opportunity to cure within 20 days of receiving notice.
Used vehicles
Covered under a separate statute (§ 198-b) when sold by a NY-licensed dealer, with the tiered warranty above. The defect must be in a statutorily covered part. Private sales and vehicles over 100,000 miles are not covered.
State program
The NY Attorney General runs a New Car Lemon Law Arbitration Program. It is the consumer's election, and if the consumer elects it the manufacturer must participate. A separate used-car arbitration option also exists.

Check your New York eligibility now

Free, anonymous, and specific to New York. Answer a few questions about your vehicle and repair history to see whether you may qualify.

New York lemon law: frequently asked questions

What qualifies as a lemon under the New York lemon law?
A new car may qualify when a defect that substantially impairs its value has been subject to 4 or more repair attempts, or the car has been out of service 30 or more cumulative days, within 2 years or 18,000 miles of delivery, whichever comes first. Motorcycles are not covered under the new-car statute.
Does New York have a used-car lemon law?
Yes. N.Y. Gen. Bus. Law § 198-b makes licensed dealers give a statutory warranty tiered by mileage at sale, from 90 days or 4,000 miles on lower-mileage cars down to 30 days or 1,000 miles at 80,000 to 100,000 miles. Within that warranty, 3 failed repair attempts for the same defect, or 15 cumulative days out of service, can support a claim on covered parts.
Do I have to notify the manufacturer before filing?
Generally yes. Written notification to the manufacturer or its authorized agent is required, and the manufacturer must be given a final chance to cure within 20 days of receiving the notice. Certified mail is strongly recommended so you can prove delivery.
What can I recover under the New York lemon law?
A qualifying consumer chooses between a comparable replacement vehicle and a refund of the full purchase price plus license, registration, taxes, and finance charges, minus a reasonable mileage allowance for use. A prevailing consumer can also recover attorney fees.
How long do I have to bring a New York lemon law claim?
The new-car lemon law carries a 4-year statute of limitations running from the original delivery of the vehicle. The 2-year / 18,000-mile figures are the eligibility window for the presumption, which is a separate concept from the filing deadline.

Think you qualify? Estimate your refund with the New York lemon law calculator →

Statutes cited on this page

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.