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In vehicle terms, a ‘lemon’ is referred to as a vehicle a person has owned for less than two years that is defective. A vehicle is usually considered defective if either the manufacturer or dealer is unable to repair the vehicle after a number of repair attempts. The New York Lemon Laws and the Magnuson-Moss Warranty Act (Federal Lemon Law) gives residents of New York a legal method of acquiring compensation for a lemon such as a replacement, refund, or cash for defective trucks, cars, RV’s, motorcycles, and other vehicles. To qualify for compensation, one must have made reasonable attempts to have the vehicle repaired while the vehicle is still under the manufacturer's warranty. That is, if the vehicle does not meet the terms of the manufacturer’s warranty or the dealer cannot repair it after a number of attempts during the first two years or 18, 000 miles. The owner of the vehicle has the choice of a comparable replacement or a complete refund. The New York State Lemon Laws covers new cars as well as used car lemon laws. To qualify, the vehicle must be used for personal activities. This means it would mainly be used for family, personal, or household activities such as doing errands. A vehicle can be used for business purposes as long as it is not used for more business activities than personal. It must also be covered by the manufacturer's new car warranty at the time of delivery. As well, the vehicle must have been leased, purchased, or transferred in New York, or received as a gift and registered in New York. Motor homes are also covered except if the defects involve such areas as appliances, and internal fixtures and features that are more commonly associated with residential purposes. When it comes to leased vehicles, the law only covers lessees who are responsible for repairs. If one’s vehicle has a defect, they should contact the manufacturer and their authorized dealer. New York Lemon Laws mandate that a manufacturer makes the repair with no charge or deductible where the defect is covered by the warranty. A vehicle owner who ends up paying for repairs or a deductible during the warranty period should file a complaint with the office of the Attorney General. The law mandates that the dealer sends a written notice to the manufacturer within seven days. It is important to continue with the vehicle payments so the vehicle does not become repossessed which could have an impact on your lemon law rights to financial compensation. If the dealer declines to make repairs within seven days of receiving notice from the owner, one should write a letter to the manufacturer. If no vehicle repair takes place 20 days after the authorized dealer and manufacturer receive written notice, one has the option to sue the manufacturer or participate in an arbitration program. To avoid being taken advantage of when seeking compensation, it is essential that one enlist the services of an attorney who is experienced in New York Lemon Laws. The Lemon Law experts at Lemberg & Associates LLC have helped thousands of consumers obtain full lemon law refunds, new vehicle replacements, and cash settlements in compensation for breach of warranty. To find out how you can protect your Lemon Law rights, please visit Lemon Justice
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lemon laws, vehicle defects, New York lemon laws,
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