NEW YORK'S NEW CAR LEMON LAW A GUIDE FOR CONSUMERS - CocoDoc
STATE OF NEW YORKOFFICE OF THE ATTORNEY GENERALNEW YORK'SNEW CAR LEMON LAWA GUIDE FOR CONSUMERSEric T. SchneidermanAttorney General
New York'sNew CarLemon Law:A Guide forConsumersCONTENTSNew Car Lemon LawQuestions and Answers!3Using the New York StateArbitration Program! 14The New Car Lemon Law,General Business Law §198-a! 19Arbitration Program Regulations! 29Offices of the Attorney General! 36
1.The New Car Lemon Law providesa legal remedy for buyers or lessees of newcars that turn out to be lemons. If your cardoes not conform to the terms of the writtenwarranty and the manufacturer or itsauthorized dealer is unable to repair the carafter a reasonable number of attempts duringthe first 18,000 miles or two years,whichever comes first, you may be entitled toa full refund or a comparable replacementcar. A copy of the law may be found in theback of this booklet.2.WHICH VEHICLES ARECOVERED BY THE NEW CARLEMON LAW?The law covers both new and usedcars, including demonstrators, motorcyclesand motor homes which satisfy all of thefollowing four conditions:1.2.The vehicle was covered by themanufacturer's warranty at the timeof original delivery; andThe vehicle was purchased, leased ortransferred within the earlier of thefirst 18,000 miles or two years fromthe date of original delivery; and3.The vehicle either: (a) was purchased,leased or transferred in New YorkState, or (b) is presently registered inNew York State; and4.The vehicle is primarily for personaluse.Some examples of cars that may becovered by the new car lemon law are:!or leased from a New Jersey dealerand registered in New York;WHAT IS THE PURPOSE OFTHE NEW CAR LEMON LAW?a new or demonstrator car, purchased!a new or demonstrator car, purchasedor leased from a New York dealerand registered in New Jersey;!a new or demonstrator car received asa gift from a friend and registered inNew York State;!a used car with less than 18,000 milesand less than 2-years old.3.WHAT DOES “PRIMARILYFOR PERSONAL USE” MEAN?Primarily for personal use is when itsprincipal use is for personal, family orhousehold purposes. Such purposes include,for example, using the car for householderrands or to drive to and from work. A carmay be used for both personal and businesspurposes provided that the personal use ispredominant (more than 50% of the usage).4.ARE MOTOR HOMESCOVERED?Yes. Motor homes are also coveredunder the law, except as to defects insystems, fixtures, appliances or other partsthat are residential in character. Such itemsexcluded from coverage include, but are notlimited to: flooring, plumbing system andfixtures, roof air conditioner, furnace,generator, electrical systems other thanautomotive circuits, the side entrance door,exterior compartments, and windows otherthan the windshield and driver and frontpassenger windows. However, there arespecial notice requirements with respect tomotor homes. The law defines a motor homemanufacturer to include not only themanufacturer but also the assembler of the2
component parts of the motor home,including the chassis, engine and residentialportion.5.ARE MOTORCYCLES ANDOFF-ROAD VEHICLESCOVERED?Effective September 1, 2004,motorcycles are covered vehicles. Off-roadvehicles, such as snowmobiles, are notcovered by the law.6.ARE CARS OWNED ORLEASED BY BUSINESSESCOVERED?Yes, provided the car is primarilyused for personal, family or householdpurposes.8.With respect to those covered carssold and registered in New York State, if younotify the manufacturer or its authorizeddealer of such defect within the first 18,000miles of operation or two years from theoriginal delivery date, whichever comes first,the law places a duty upon the manufacturerto repair --free of charge and without anydeductible-- any defect covered by warranty.Once timely notice of the defect isgiven, the manufacturer may not charge forthe repairs, even if the repairs are performedafter 18,000 miles or two years. If you havebeen charged for such repairs or a deductible,you should contact the Attorney General'soffice.9.7.WHAT SHOULD YOU DO IFYOU BECOME AWARE OF APROBLEM WITH YOUR CAR?You should immediately report anydefect or "condition" covered by themanufacturer’s warranty directly to themanufacturer or to its authorized dealer.A "condition" is a general problem,such as difficulty in starting, repeatedstalling, or a malfunctioning transmission,that can result from a defect of one or moreparts.If you report the problem to thedealer, the law requires the dealer to forwardwritten notice to the manufacturer withinseven days. Under the law, notice to thedealer is considered notice to themanufacturer.WHAT IS THEMANUFACTURER'S DUTY TOREPAIR?WHAT ARE YOUR RIGHTS IFTHE MANUFACTURER DOESNOT MEET ITS DUTY TOREPAIR?If the problem is not repaired after areasonable number of attempts, or themanufacturer or the dealer refuses tocommence repairs within 20 days from themanufacturer's receipt of the "refusal torepair" notice from you (see question #15),and if the problem substantially impairs thevalue of the car, the manufacturer may berequired to refund the full purchase or leaseprice, or offer a comparable replacement car.10.DOES THE LAW SPECIFY THENUMBER OF REQUIREDREPAIR ATTEMPTS?Yes. Except for motor homes, it ispresumed that there has been a reasonablenumber of attempts to repair a problem if,during the first 18,000 miles of operation or3
two years from the original delivery date,whichever comes first, either (a) themanufacturer (or its authorized dealer) hashad an opportunity to repair the sameproblem four or more times and the problemcontinued to exist at the end of the fourthrepair attempt; or (b) the car was out ofservice by reason of repair for a cumulativetotal of 30 or more calendar days for one ormore problems.You, or the manufacturer, may rebutthis presumption by demonstrating that feweror more than four repair attempts, or 30 daysout-of-service due to repairs, is reasonableunder the circumstances.11.CAN YOU STILL OBTAIN AREFUND OR A REPLACEMENTCAR IF THE DEFECT HASBEEN REPAIRED?Yes, you may still be entitled to reliefunder the law, provided all other statutoryrequirements are met, if a defect continued toexist at the end of the fourth repair attempt,or if the car was out-of-service for a total ofat least 30 days, notwithstanding that thedefect was subsequently repaired.For example, a defective transmissioncontinued to exist after four repair attemptsbut on the fifth repair attempt it was fullyrepaired. Nevertheless, since it was notrepaired at the end of the fourth repairattempt, you have met the presumption that areasonable number of attempts has occurredand you may be entitled to relief.12.WHAT CONSTITUTESSUBSTANTIAL IMPAIRMENTOF VALUE?It will depend on the facts in eachcase. In general, your complaint must beabout a serious problem. For example, adefect in the engine which makes the carinoperable is clearly substantial. Somecourts have found that the cumulative effectof numerous lesser defects can add up tosubstantial impairment of value.13.ARE THERE ANY EXCEPTIONSTO THE MANUFACTURER'SDUTY TO REFUND ORREPLACE?The manufacturer does not have aduty to make a refund or provide areplacement car if: (a) the problem does notsubstantially impair the value of the car toyou, or (b) the problem is a result of abuse,neglect or unauthorized alteration --such as adealer installed option-- of the car.14.SHOULD YOU CONTINUE TOMAKE YOUR PAYMENTSWHILE YOU ARE PURSUINGYOUR RIGHTS UNDER THELEMON LAW?Yes. Unless otherwise advised byyour lawyer, if the car is financed or leased,you should continue to make your monthlypayments. Failure to do so may result in arepossession which may lead to your beingunable to return the car to qualify for arefund or replacement car under the law.15.WHAT SHOULD YOU DO IFTHE DEALER REFUSES TOMAKE REPAIRS?If the dealer refuses to make repairswithin seven days of receiving notice fromyou, you should immediately notify themanufacturer in writing, by certified mail,return receipt requested, of the car's problemand that the dealer has refused to makerepairs.4
A sample notice to the manufacturermay be found in this booklet.16.WHAT MUST THEMANUFACTURER DO UPONRECEIPT OF YOUR NOTICEOF THE DEALER'S REFUSALTO MAKE REPAIRS?The manufacturer or its authorizeddealer must commence repairs within 20days from receipt of your notice of thedealer's refusal to make repairs.17.HOW CAN YOU PROVE YOUOWN A LEMON?You must be able to establish thenecessary repair attempts or days out-ofservice due to repairs. Therefore, it is veryimportant to keep careful records of allcomplaints, copies of all work orders, repairbills, correspondence, and all telephone andemail communications.19.WHAT ARE THE "LAWFULDEDUCTIONS?"The manufacturer may deduct anamount for mileage in excess of the first12,000 miles. No deductions may be madefor the first 12,000 miles of use. The lawstates that such deduction shall be calculatedby taking the mileage in excess of 12,000miles times the purchase (or lease) price,divided by 100,000.For example, if a defective car has15,000 miles on its odometer and cost 20,000, the deduction for use would be 600 (3,000 multiplied by 20,000 dividedby 100,000). In addition, a reasonablededuction may be taken for any damage notdue to normal wear.20.IF THE PURCHASE WASFINANCED, HOW IS THEREFUND DIVIDED?A dealer is required by Department ofMotor Vehicles (DMV) regulations toprovide a legible and accurate written workorder each time any repair work is performedon a car, including warranty work for whichno charge is made. You may contact theDMV in Albany at 518-474-8943 if you havea problem obtaining your repair orders.The refund by the manufacturer is thesame whether the car was financed or not.However, when the car is financed, insteadof the entire refund going to you, the refundmust be divided between you and the lender(the bank or finance company). Generally,the lender will calculate how much is stillowed by you and the refund will be appliedfirst to that amount. The balance of therefund will then go to you.18.21.WHAT SHOULD BE INCLUDEDIN YOUR REFUND?The refund should include the price ofthe car (cash plus trade-in allowance),including all options, plus title andregistration fees and any other governmentalcharges, less any lawful deductions. Otherexpenses or charges, such as loss of use,insurance premiums and finance charges, arenot included under the law.IF THE CAR WAS LEASED,HOW IS THE REFUNDCALCULATED?When the car is leased, the refund duefrom the manufacturer is divided betweenyou (the lessee) and the leasing company(which owns the car and to which you makelease payments) according to a formulaprovided by the law. The lease price to berefunded to you is the total of your down5
payment (including any trade-in allowance)plus the total of monthly lease payments,minus interest charges and any other servicefees.For example, you leased a new carunder a three-year lease, with a 1,500 downpayment, and pay a monthly lease paymentof 300. Of the 300 monthly payment, 100 is allocated as interest charges. Aftermaking twelve monthly payments, you aregranted a refund under the lemon law. Therefund will be 3,900 calculated as follows:Deposit . 1,500 Monthly Payments.(12x300)- minus interest(12x100) 3,600 5,1001,200refunded directly by the New York StateCommissioner of Taxation and Finance whowill determine the appropriate amount to berefunded under the law. You must completeand submit an "Application for Refund ofState and Local Sales Tax" (Form AU-11) tothe New York State Department of Taxationand Finance, Central Office Audit Bureau Sales Tax, State Campus, Albany, N.Y.12227. (Such form may be obtained throughthe manufacturer or directly from theCommissioner of Taxation and Finance.)You have three years from the date arefund is received from the manufacturer toapply for the tax refund.24.WHAT IS A "COMPARABLEREPLACEMENT VEHICLE"?total refund . 3,900If the monthly payment includes otherservice fees, such as insurance or other costs,paid for your benefit, such amounts will alsobe deducted from your refund. The leasingcompany's portion of the refund is thebalance of the "lease price," as that term isdefined by the law.The courts have ruled that the lemonlaw does not entitle you to receive a brandnew vehicle if you elected to receive a"comparable replacement vehicle" instead ofa refund. Rather, you are entitled to receivea car of the same year and model and whichhas approximately the same mileage as thecar being replaced.22.25.IF THE CAR IS LEASED, DOESA FINDING THAT THE CAR ISA LEMON TERMINATE THELEASE?Yes. Once a finding has been madethat a car is a lemon, the lease is terminated.As a result, no early termination penaltiesunder the lease may be collected.23.IF SUCCESSFUL, CAN YOURECOVER SALES TAX?Yes. State and local sales taxes areWHAT SPECIAL NOTICEREQUIREMENTS EXIST FORMOTOR HOME OWNERS?The law imposes special noticerequirements with respect to motor homes.Manufacturers are to be given one finalchance to repair the defect before you cantake advantage of the remedies offered by thelemon law.Once the motor home has beensubject to two repair attempts, or has beenout of service by reason of repair for 21 days,whichever occurs first, you must report such6
fact to the manufacturer or its authorizeddealer by certified mail, return receiptrequested, before taking into account anyadditional repair attempts or days out-ofservice and seeking arbitration orcommencing a lawsuit under the lemon law.Once such notice is given, you can takeadvantage of the lemon law remedies afterone additional repair attempt --for a total ofthree repair attempts-- for the same defect, oryour motor home was out of service due torepair for one or more defects for at least 9additional days for a total of at least 30 days.Note, however, that it shall count asonly one repair attempt if the same defect isbeing addressed a second time due to yourdecision to continue traveling and to seek therepair of the same defect at anotherauthorized repair shop rather than wait forthe initial repair to be completed.26.ARE THESE SPECIAL NOTICEREQUIREMENTS ALWAYSAPPLICABLE?or down time will be considered if they occurafter you have complied with the notificationrequirements.28.You have the choice of eitherparticipating in an arbitration program orsuing the manufacturer directly in court.Any action under the lemon law must becommenced within four years of the date oforiginal delivery.29.27.WHAT IF YOU FAIL TOCOMPLY WITH THESESPECIAL NOTICEREQUIREMENTS FOR MOTORHOMES?If you fail to comply with the specialnotice requirements, additional repairattempts or days out of service will not betaken into account in determining your rightto relief. However, additional repair attemptsIF YOU WIN IN COURT, CANATTORNEY'S FEES ALSO BERECOVERED?Yes. The law authorizes the court toaward you reasonable attorney's fees if youare successful.30.No. The special notice requirementsare only applicable if the manufacturer or itsauthorized dealer has provided you with aprior written copy of these requirements andreceipt of the notice is acknowledged by youin writing.HOW CAN YOU ENFORCEYOUR RIGHTS UNDER THELEMON LAW?WHAT IS AN ARBITRATIONPROCEEDING?Arbitration is much less complicated,time consuming and expensive than going tocourt. The arbitration hearing is informaland strict rules of evidence do not apply.Arbitrators, rather than judges, listen to eachside, review the evidence and render adecision.31.WHAT ARBITRATIONPROGRAMS ARE AVAILABLETO YOU IN NEW YORK?You may participate in the New YorkState New Car Lemon Law ArbitrationProgram ("New York Program"), as providedby the lemon law. The New York Program is7
administered by the New York State DisputeResolution Association ("NYSDRA") underregulations issued by the Attorney General.(A copy of the regulations may be found inthe back of this booklet.) Decisions underthe New York Program are binding on bothparties.You may also choose to participate inthe auto manufacturer’s arbitration programif one has been established. Decisions underthe manufacturer’s program are not bindingon you. Consequently, if you have gonethrough the manufacturer's program and arenot satisfied, you may still apply forarbitration under the New York Program.However, any prior arbitration decision maybe considered at any subsequent arbitrationhearing or court proceeding.The law permits the manufacturer torequire that you first participate in themanufacturer's program, provided it complieswith federal regulations and New York'slemon law, before suing in court for reliefunder the lemon law. However, you do nothave to go through the manufacturer’sprogram before seeking relief under the NewYork state-run program.32.HOW DO YOU PARTICIPATEIN THE NEW YORKPROGRAM?You must first complete a "Requestfor Arbitration" form, which may be obtainedfrom the Attorney General’s website,www.ag.ny.gov, or from any of theAttorney General's regional offices. (A listof the Attorney General's regional officesmay be found at the end of this booklet). Thecompleted form must be returned to theAttorney General's New Car Lemon LawArbitration Unit, Office of the AttorneyGeneral, 120 Broadway, New York, NewYork 10271.33.HOW DOES THE NEW YORKPROGRAM OPERATE?The Attorney General's office willreview the “Request for Arbitration” form todetermine whether your claim is eligibleunder the lemon law to be heard by anarbitrator. If accepted, the form will beforwarded to the Administrator forprocessing. The Administrator will then askyou to pay the required filing fee. Uponreceiving the filing fee, the Administratorwill appoint an arbitrator and schedule ahearing to be held within 35 days.If rejected, the form will be returnedto you together with an explanation for therejection.A complete, step-by-step descriptionof the New York Program follows this"Question & Answer" section in this booklet.34.WHO ARE THEARBITRATORS?The arbitrators are volunteers whohave been trained in the lemon law and inarbitration procedures by the AttorneyGeneral's office and the Administrator.35.IS A CONSUMER ENTITLEDTO AN ORAL HEARING?Yes. You have an absolute right to anoral hearing. At an oral hearing, both youand the manufacturer's representative havethe opportunity to present your case inperson before an arbitrator.You may also elect to have a hearing8
on documents only by indicating thispreference on the "Request for Arbitration"form . In a "documents only" hearing, bothsides must present their positions in writing.If you request a "documents only" hearing,the manufacturer may object, in which casean oral hearing will be scheduled.36.CAN YOU REQUEST ANADJOURNMENT OF AHEARING?provide for the recovery of attorneys fees forrepresentation in an arbitration proceeding.39.HOW SHOULD YOU PREPAREFOR THE HEARING?You should keep a copy of your"Request for Arbitration" form to use as aguide in preparing for the hearing. The formcontains much of the information needed atthe hearing. In addition, you are advised to:Yes. Either party may apply to thearbitrator through the Administrator, for areasonable adjournment of the hearing date.Upon the finding of good cause, thearbitrator will reschedule the hearing.(a)Gather Documents. Bring to thehearing records of everything pertaining tothe purchase and the problem, including acopy of the purchase contract (invoice) orlease, all correspondence, work orders, andwarranty.37.(b)Organize Records. Keep records inchronological order. This will serve as aguide in presenting the history of theproblem.MAY A STENOGRAPHICRECORD OR TAPERECORDING BE MADE OFTHE HEARING?Yes. Any party to the arbitration mayarrange, on its own, for a stenographic recordor a tape recording of the hearing at its ownexpense even if the other party objects. If astenographer or tape recorder will be used,reasonable prior notice, through theAdministrator, must be given to the otherparty.38.DO YOU NEED AN ATTORNEYFOR THE ARBITRATIONHEARING?(c)Prepare an Outline. This will help topresent and remember relevant information.(d)Prepare Questions to Ask theManufacturer's Representative. This willassure that no important question is omitted.(e)Arrange for Witnesses. The presenceof witnesses, especially auto mechanics, ortheir sworn statements may be helpful todocument the problem.40.No. The New York Program isdesigned to be accessible to you without theneed for an attorney. Both you and themanufacturer may use an attorney (somemanufacturers are always represented by anattorney) or any other person to assist you ifyou so choose. However, the law does notWHAT IF YOU DO NOT HAVEALL THE DOCUMENTS?Upon payment of the filing fee andprior to the hearing, you, or themanufacturer, may make a written request tothe arbitrator, through the Administrator, todirect the other party to provide any9
necessary documents or other information.Either party may also request the arbitrator tosubpoena documents or witnesses to appearat the hearing.(d)Describe and document any newdevelopments which may have occurredsince the "Request for Arbitration" form wassubmitted.For example, you may request that themanufacturer furnish a copy of missingwork orders and the manufacturer mayrequest that you produce a copy of relevanttax information to determine whether youtook a deduction on your taxes for businessuse.(e)Offer proof of each point, especiallythose the manufacturer may dispute.A sample letter requesting documentsmay be found in this booklet.(h)At the end of the presentation, brieflysummarize the facts discussed.41.43.MAY THE ARBITRATORDIRECT THAT THE CAR BEMADE AVAILABLE AT THEHEARING?Yes. The arbitrator may direct you tomake the car available, if possible, at thehearing. The arbitrator has the discretion toexamine or ride in the car in the presence ofboth parties.42.HOW SHOULD YOU PRESENTYOUR CASE AT THEHEARING?(f)Present any witness that may providerelevant information.(g)State the relief requested.WHAT HAPPENS IF EITHERPARTY FAILS TO APPEAR ATTHE HEARING?Unless the hearing has been properlyrescheduled, if either the manufacturer oryou fail to appear at an oral hearing, thearbitrator will nevertheless conduct thehearing and issue a decision based upon theevidence presented and any documentscontained in the file.44.WHEN CAN YOU EXPECT ADECISION?(a)State the specific nature of theproblem.You may expect a decision, generally,within 10 days of the hearing. Sometimes,however, the arbitrator requests thatadditional documents or information besubmitted, in which case the decision may bedelayed.(b)State any conversations with thedealer's or manufacturer's representa-tives.45.At the hearing, you should presentyour case in a clear, organized and concisemanner. You are advised to:(c)Describe and document, wherepossible, each repair attempt.CAN YOU RECOVER THEFILING FEE?Yes. If you are successful, thearbitrator's decision in your favor must10
include the return of the filing fee. Also, ifyou settle the case any time before a decisionis rendered, you should seek to recover thefiling fee.46.WHEN MUST AMANUFACTURER COMPLYWITH AN ARBITRATOR'SDECISION?Within thirty days from the date younotify the manufacturer of your acceptanceof the arbitrator’s decision. In most cases,the manufacturer's representative will contactyou within this period to arrange for thereturn of the car in exchange for either arefund or a replacement car.Failure of the manufacturer to complywithin this time period entitles you to recoveran additional 25 for each business day ofnoncompliance, up to 500.If themanufacturer does not voluntarily pay anyapplicable penalty, you may sue to recoverthis penalty in Small Claims Court.However, this deadline and penalties are notapplicable where you request a replacementcar built to order or with options which arenot comparable to the car being replaced.47.WHAT HAPPENS IF THEMANUFACTURER DOES NOTCOMPLY WITH THEARBITRATOR'S AWARD?If the manufacturer does not complywith the award, you can enforce thearbitrator's decision through the courts bybringing an action to confirm the award.This action must be commenced within oneyear of receipt of the decision. You shouldconsult a private attorney if you wish topursue this remedy. If you are successful,the Court will convert the arbitrator's awardinto a court judgment and may awardreasonable attorney's fees. The court mayalso award reasonable attorneys' feesincurred to enforce the collection of theaward.48.HOW IS A RETURN OF THECAR IMPLEMENTED?The common procedure is to have allthe affected parties (you, the manufacturer'srepresentative, and, if the car is financed orleased, the lender's or the leasing company'srepresentative), meet at an agreed time andplace to execute the necessary papers toexchange the car for a refund or replacement.You may choose to return the car toeither the selling dealer or the dealer whichattempted to repair the car. No furthershipping charges may be imposed for thereturn of the car.49.UNDER WHATCIRCUMSTANCES CAN ANARBITRATOR'S DECISION BEMODIFIED?The grounds for modification are verylimited. Generally, awards may be modifiedonly to correct a miscalculation or a technicalmistake in the award. For example, amodification may be requested where themileage deduction was miscalculated or thefiling fee was omitted from the refund.50.WHEN MUST A REQUEST FORMODIFICATION BE MADE?Either party may seek a modificationby the arbitrator of the award by writtenapplication to the Administrator within 2011
days of receiving the award. The other partywill be given the opportunity to object to themodification. The arbitrator must rule on allsuch requests within 30 days after the requestis received. To modify an award after 20days, an application to a court may benecessary.51.WHAT ROLE WILL THEATTORNEY GENERAL'SOFFICE OR THEADMINISTRATOR PLAY IF ANAWARD IS CHALLENGED INCOURT?Neither the Attorney General's Officenor the Administrator is authorized torepresent you in such a challenge; this is theresponsibility of your own attorney. The roleof the Administrator ends when thearbitrator's award is sent to the parties.53.54.CAN AN ARBITRATOR'SDECISION BE CHALLENGED?Either party may commence a lawsuitto challenge an arbitrator's award within 90days of receipt of the award. However, thegrounds for such challenges are limited bylaw. Generally, the courts will uphold anarbitrator's award if it is supported byevidence and is grounded in reason.Reasonable attorneys fees may be awardedby the court if you are successful inchallenging or defending an arbitrationaward.52.York Program is binding on both parties.However, if new facts arise after a hearingwas held, you may reapply for a new hearingbased on the new facts.CAN YOU APPLY FORANOTHER HEARING UNDERTHE NEW YORK PROGRAM IFYOU LOST THE FIRST ONE?It depends. A decision under the NewDOES THE LEMON LAWLIMIT ANY OF THE OTHERLEGAL REMEDIES ALREADYAVAILABLE TO YOU?No. The Lemon Law adds to yourarsenal of existing legal remedies. Theselegal remedies can be explained by yourattorney.55.CAN YOUR RIGHTS UNDERTHE LEMON LAW BEWAIVED?No. Any contract clause which seeksto waive your rights under the Lemon Law isvoid.56.HOW ARE YOU PROTECTEDWHEN BUYING A CARPREVIOUSLY RETURNED TOTHE MANUFACTURER UNDERTHE LEMON LAW?When purchasing a car which waspreviously determined to be a lemon andreturned to the manufacturer, you must begiven a written, conspicuous disclosurestatement by the dealer reading:IMPORTANT: This vehiclewas returned to themanufacturer or dealerbecause it did not conform toits warranty and the defect orcondition was not fixedwithin a reasonable time asprovided by New York law.12
This disclosure must also be printedon the car's certificate of title by the NewYork State Department of Motor Vehicles.57.WHERE CAN YOU GET HELPOR FURTHER INFORMATIONREGARDING THE LEMONLAW?You may contact any of the offices ofAttorney General listed at the end of thisbooklet or consult a lawyer.13
Using the New York StateArbitration ProgramThe New York Program's operational procedures can be summarized in ten steps as follows:Step1-Consumer's Completion of Request-for-Arbitration Form2-Attorney General's Review3-Request for Filing Fee by Administrator4-Filing Date; Appointment of Arbitrator; Schedule of Hearing5-Notice of Claim Sent to Manufacturer; Manufacturer'sResponse; Consumer's Reply6-Pre-Hearing Discovery7-Hearing8-Decision9-Administrator's Review of Decision Form10-Modification and AppealStep 1. Consumer's Completion ofRequest-For-Arbitration FormA consumer can seek redress under the New York Program by obtaining a “Request-for-Arbitration” formfrom the Attorney General’s website: www.ag.ny.gov. or any office of the Attorney General. The consumer completesand returns this form, together with copies of all relevant supporting documents (including the bill of sale, repair work ordersand any correspondence relating to the claim) to the Attorney General's New Car Lemon Law Unit located at 120 Broadway,New York, NY 10271.Step 2. Attorney General's ReviewThe form and documents are reviewed promptly by the Attorney General's Lemon Law Unit. The reviewis for screening purposes only --to determine whether the claim may be heard by an arbitrator. For example, to be eligiblefor acceptance into the New York Program the car must have been purchased or registered in New York State. Based onthis review, the Request-for-Arbitration form is either accepted or rejected. If rejected, the form is returned to the consumerwith a letter indicating the reason(s) for the rejection. In many instances, a consumer is able to correct the cause for rejectionand successfully resubmit the form. If the form is accepted, the consumer is advised in writing that the matter is beingforwarded to the Administrator for further processing.Step 3. Request for Filing Fee by AdministratorUpon receipt of the form, the Administrator writes to the consumer to request the payment of the filing fee.14
If, after 30 days, the Administrator has not rec
New York State; and 4. The vehicle is primarily for personal use. Some examples of cars that may be covered by the new car lemon law are: ! a new or demonstrator car, purchased or leased from a New Jersey dealer and registered in New York;! a new or demonstrator car, purchased or leased from a New York dealer and registered in New Jersey;
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