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STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
NEW YORK'S
USED CAR LEMON LAW:
A GUIDE FOR CONSUMERS
Letitia James
Attorney General
New York's Used Car Lemon Law:
A Guide for Consumers
CONTENTS
Lemon Law for Used Cars
Questions and Answers ! 3
Using the New York State
Arbitration Program ! 18
The Used Car Lemon Law --
General Business Law ?198-b ! 21
Arbitration Program Regulations ! 30
Offices of the Attorney General ! 38
Used Car Lemon Law
Questions and Answers
1. WHAT IS THE PURPOSE OF less at the time of purchase or lease;
THE USED CAR LEMON LAW? and
The Used Car Lemon Law provides (5) It is primarily used for personal
a legal remedy for buyers or lessees of used purposes.
cars that turn out to be lemons. The law
requires dealers to give you a written 3. ARE MOTORCYCLES, MOTOR
warranty. Under this warranty, a dealer HOMES AND OFF-ROAD
must repair, free of charge, any defects in VEHICLES COVERED?
covered parts or, at the dealer's option,
reimburse you for the reasonable costs of Effective September 1, 2004, used
such repairs. If the dealer is unable to repair motorcycles are covered vehicles. Motor
the car after a reasonable number of homes, off-road vehicles, and "classic" cars
attempts, you are entitled to a full refund of registered under section 401 of the vehicle
the purchase price. No used car covered by and traffic law, are not covered.
this law can be sold by a dealer "as is." (A
copy of the law may be found at the back of 4. WHAT DOES THE PHRASE
this book.) "PRIMARILY USED FOR
PERSONAL PURPOSES"
2. WHICH USED CARS ARE MEAN?
COVERED BY THE LEMON
LAW? A car is primarily used for personal
purposes when its principal use is for
Under the law, a used car is one personal, family or household purposes.
which satisfies all the following five Such purposes include, for example, using
conditions: the car for household errands or to drive to
and from work. A car may be used for
(1) It was purchased, leased or mixed personal and business use provided
transferred after the earlier of (a) that the personal use is predominant (more
18,000 miles of operation or (b) two than 50% of its usage).
years from the date of original
delivery; and 5. WHO ELSE IS PROTECTED BY
THE USED CAR LEMON LAW?
(2) It was purchased or leased from a
New York dealer; and Any person to whom a used car was
transferred by the purchaser during the used
(3) It had a purchase price or lease value car lemon law warranty period is covered.
of at least $1,500; and
(4) It had been driven 100,000 miles or
3
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