Under New York's "lemon law," dealers have an obligation to repair or replace a new car that's been out of service for at least 30 days, or if it's been in the shop four times for the same defect.

"I called a lemon-law lawyer, and he's taking over the case," Rodriguez said. "They put me through the grinder. It would have been so much easier if they had communicated with me. To me, this has been a nightmare."

A copy of New York's lemon law can be found here: http://www.oag.state.ny.us/consumer/cars/newcarlemon.pdf

New York Used Car Lemon Law

Regardless of what precautions a buyer takes, every once in a while, somebody is going to end up buying a busted auto. Such things happen to be among the unavoidable, unpleasant little details of life. However, such things are also the reason several states, New York among them, have lemon laws. Protecting consumers is the core purpose of the used car New York lemon laws and a smart consumer would do well to know those laws before making a purchase. While the used car New York lemon laws can be complicated and confusing for those who aren't trained attorneys, there are some aspects of the law that are easy to understand and should be known by all consumers.

First off, the used car New York lemon law requires that a seller, be it a dealership or website, provide the buyer with a basic warranty, on paper, for the auto. While the mandated coverage periods of the warranties vary with the mileage on the vehicle being sold, most consumers do feel some degree of security knowing that there is, at least, some sort of protection for their purchase. The law also requires dealers to cover repair costs for a vehicle if it is still falls within the coverage period stipulated by the law. The lemon law also forces dealers to repair parts outside the coverage period, provided the buyer informed the seller of the defect before the warranty runs out.

In relation to the repair-related clauses of the law, the used car New York lemon law also states that once an automobile has been repaired or parts of the machine replaced, three times, the dealership is obliged to accept the machine, should the buyer decide to send the auto back for a refund. Such a return, however, is disqualified if the vehicle was damaged by the buyer or through regular use and not by flaw or damage present before the machine was sold. Thus, the law forces dealers to take responsibility and make sure that every car that their lot has sold is in good condition and is not likely to break down within a span of a few days.

The used car New York lemon law also makes it impossible to deny the warranty. Dealers are mandated by the law to uphold their end of the bargain, regardless of whether or not the buyer has been made explicitly aware of the limited guarantee. On a side note, dealers are also required to divulge the existence of the limited guarantee to the buyer once the purchase is complete. According to the clauses in the law, any attempt made by a buyer to waive the warranty will not be recognized. Such clauses were put into place for the specific purpose of protecting unwary consumers from the dealership's tactic of convincing buyers to waive the right to have the dealer repair any damage that was caused or ignored while the vehicle was not with the buyer.

As with similar laws in other areas, the used car New York lemon law was designed to protect consumers from being ripped off by unscrupulous resellers. While NYC has a reputation for having a large population of people more than willing to unlawfully take another person's money, used car New York lemon laws provide at least some level of comfort to used car buyers.


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