NEW YORK LEMON LAW STATUTE PROVISIONS
with notes and explanation by attorney Howard Gutman
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Here is the New York lemon law statute.
198-a. Warranties.
(1) "Consumer" means the purchaser, lessee or transferee, ... of a motor vehicle
which is used primarily for personal, family or household purposes
(a vehicle used for business is excluded)
(2) "Motor vehicle" means a motor vehicle subject to a manufacturer's express
warranty at the time of original delivery and ) is {used or} registered in this
state;
(3) "Manufacturer's express warranty" or "warranty" means the written
warranty, so labeled, of the manufacturer of a new motor vehicle,
(4) "Mileage deduction formula" means the mileage which is in excess of
twelve thousand miles times the purchase price, or the lease price if
applicable, of the vehicle divided by one hundred thousand miles. (the
manufacturer gets a deduction for mileage in excess of 12000 under the lemon
law)
(5) "Lessee" means any consumer who leases a motor vehicle (leases are
covered by the lemon law but under a decision, attorney's fees are not awardable
on certain claims)
(b) (1) If a new motor vehicle which is sold and registered in this state does
not conform to all express warranties during the first eighteen thousand
miles of operation
or during the period of two years following the date of original
delivery of the motor vehicle
(c) (1) If, within the period specified in subdivision (b) of this
section, the manufacturer or its agents or authorized dealers are unable to
repair or correct any defect or condition which substantially impairs the value
of the motor vehicle to the consumer after a reasonable number of attempts,
the manufacturer, at the option of the consumer, shall replace the motor vehicle
with a comparable motor vehicle, or accept return of the vehicle from the
consumer and refund to the consumer the full purchase price or, if applicable,
the lease price and any trade-in allowance plus fees and charges. (this
provision is misleading, rarely do manufacturers voluntarily replace or provide
a refund and there is no penalty for their doing so, the consumer just gets the
refund he was entitled to receive)
(2) A manufacturer which accepts return of the motor vehicle because the motor
vehicle does not conform to its warranty shall notify the commissioner of the
department of motor vehicles that the motor vehicle was returned to the
manufacturer for nonconformity to its warranty (returned lemon law vehicles
are marked by the Department of Motor Vehicles )
(3) It shall be an affirmative defense (the manufacturer must prove an
affirmative defense) to any claim under this section that: (i) the
nonconformity, defect or condition does not substantially
impair such value; or (ii) the nonconformity, defect or condition is the result
of abuse, neglect or unauthorized modifications or alterations of the motor
vehicle.
(d) It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
warranties, if:
(1) the same nonconformity, defect or condition has been subject to repair
four or more times by the manufacturer or its agents or
authorized dealers within the first eighteen thousand miles of operation or
during the period of two years following the date of original
delivery of the motor vehicle to a consumer, whichever is the earlier date, but
such nonconformity, defect or condition continues to exist; or
(2) the vehicle is out of service by reason of repair of one or , defects or
conditions for a cumulative total of thirty
or more calendar days during either period, whichever is the earlier date.
(f) Nothing in this section shall in any way limit the rights or remedies
which are otherwise available to a consumer under any otherlaw. (the
consumer can file other claims)
(h) A manufacturer shall have up to thirty days from the date the consumer
notifies the manufacturer of his or her acceptance of the
arbitrator's decision to comply with the terms of that decision.
(j) Any action brought pursuant to this section shall be commenced within four
years of the date of original delivery of the motor vehicle
to the consumer. (4 year statute of limitations, the consumer may have
difficulty prevailing if he unreasonably waits)
(k) Each consumer shall have the option of submitting any dispute arising under
this section upon the payment of a prescribed filing fee
to an alternate arbitration mechanism established pursuant to regulations
promulgated hereunder by the New York state attorney
general. Upon application of the consumer and payment of the filing fee,
all manufacturers shall submit to such alternate arbitration.
Such alternate arbitration shall be conducted by a professional arbitrator or
arbitration firm appointed by and under regulations
established by the New York state attorney general. (consumer may go to the
Attorney General arbitration program )
(l) A court may award reasonable attorney's fees to a prevailing plaintiff or to
a consumer who prevails in any judicial action or
proceeding arising out of an arbitration proceeding held pursuant to subdivision
(k) of this section. In the event a prevailing plaintiff is
required to retain the services of an attorney to enforce collection of an award
granted pursuant to this section, the court may assess against
the manufacturer reasonable attorney's fees for services rendered to enforce
collection of said award.
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______________________________________________________________________________________________
QUALIFICATIONS AND
EXPERIENCE OF THIS LAW OFFICE
Howard A. Gutman has successfully handled over
200 lemon law and automobile breach of warranty cases. He is the author of the
leading article on the lemon law published in the New York Law Journal. He
also wrote the Year 2000 Legal Handbook, a book dealing with computer
warranties, and is considered a leading authority on all types of warranties.
Prior to establishing his practice, Mr. Gutman was employed by one of the
leading law firms in New York and a prominent international law firm located
in the Wall Street area. He has appeared on Good Day New York been interviewed
by NBC Nightly News and Newsday, and his cases have been profiled in the Star
Ledger, Bureau of National Affairs Magazine, and New York Times.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206 (near Routes 80 and 46)
Mount Olive, New York 07836
Directions to our office
(973) 598-1980,
E-mail Howian@aol.com
Fax (973)209-4091
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838
FREE INITIAL
CONSULTATION
We offer a free initial telephone consultation to
discuss your lemon law case. Please feel free to call or e-mail our office.
NEW YORK LEMON LAW LINKS
New York State (New York state statutes)
lemon law information
New York
lemon law guide
New
York Used Car Disclosure Law
failure to disclose prior lemon law history
New York State consumer protection laws
New York lemon law statute
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