New York Lemon Law, the version a normal person can read.
Last updated May 2, 2026. This page is a summary, not legal advice. The actual statutes (NY GBL § 198-a and § 198-b) and the New York DMV are the controlling authority.
New York has two lemon laws: one for new cars, one for used. Here's what each covers, what it doesn't, and what to do if your car is the unlucky one.
New Car Lemon Law (NY GBL § 198-a)
Covers new motor vehicles sold or leased in New York for personal, family, or household use. The covered period is the first 2 years from delivery or the first 18,000 miles, whichever comes first.
The manufacturer (not necessarily the dealer) must repair, free of charge, any defect that is covered by the warranty and that substantially impairs the value of the vehicle. If the manufacturer or its authorized dealer cannot fix the defect after a reasonable number of attempts, you're entitled to a refund or replacement.
What counts as a reasonable number of attempts:
- 4 or more repair attempts for the same defect, OR
- The vehicle is out of service for repair for 30 or more calendar days (cumulative) during the covered period.
Defects that don't substantially impair value, defects caused by abuse / neglect / unauthorized modification, and minor cosmetic issues are excluded. The manufacturer may charge a reasonable allowance for your use of the vehicle prior to refund.
Used Car Lemon Law (NY GBL § 198-b)
Covers used motor vehicles purchased or leased from a New York dealer for at least $1,500 with fewer than 100,000 miles at the time of sale, used primarily for personal, family, or household purposes. Private-party sales (Craigslist, Facebook Marketplace, your neighbor) are not covered.
Under § 198-b, the dealer is required to give you a written warrantycovering specific parts. The length of the mandatory warranty depends on the vehicle's mileage at delivery:
| Mileage at delivery | Minimum warranty |
|---|---|
| 18,000 miles or less | 90 days or 4,000 miles, whichever comes first |
| More than 18,000 but no more than 36,000 | 60 days or 3,000 miles, whichever comes first |
| More than 36,000 but no more than 79,999 | 30 days or 1,000 miles, whichever comes first |
| 80,000 to 100,000 | Not covered by mandatory warranty (vehicle may be sold “as is” subject to other consumer protections) |
The mandatory warranty covers specified covered parts: engine, transmission, drive axle, brakes, radiator, steering, alternator / generator, starter, ignition system (excluding battery). Cosmetic items, tires, batteries, glass, lights, trim, audio, and damage from accidents / abuse / neglect / unauthorized modifications are not covered.
What “reasonable repair attempts” means for used
- 3 or more attempts to repair the same defect, OR
- The vehicle is out of service for repair for a cumulative total of 15 or more days during the warranty period.
If the dealer cannot fix the covered defect after a reasonable number of attempts, you're entitled to a refund of the full purchase price (less a reasonable mileage allowance) or a comparable replacement vehicle.
Your rights — written disclosures
- You're entitled to a written warranty document at the time of sale that spells out coverage, your obligations, and how to make a claim.
- The dealer must post the FTC Buyer's Guide in the window of every used vehicle, indicating warranty status.
- You're entitled to a plain-language summary of the NY Used Car Lemon Law at the time of sale.
- You're entitled to a copy of any service / repair record we have on the vehicle.
What to do if you have a problem
- Notify us in writing — text, email, or letter — describing the problem. Keep a copy.
- Bring the car in for repair at our service department (or the manufacturer's authorized dealer for new-car claims). Get a written work order each time.
- Keep every receipt and work order. If you ever have to make a claim, the paper trail is everything.
- If repairs don't resolve the problem after the threshold above, you can demand refund or replacement in writing.
Filing a complaint with the State of New York
If you believe a dealer or manufacturer is not honoring the lemon law, you can:
- File a complaint with the New York State Department of Motor Vehicles, Office of Consumer and Facility Services, P.O. Box 2700, Albany, NY 12220-0700. The DMV consumer hotline is (518) 474-5711.
- File a complaint with the New York State Attorney General, Bureau of Consumer Frauds and Protection: ag.ny.gov.
- Request a New Car Lemon Law arbitration through the New York Attorney General's Office (for § 198-a claims). This is faster and cheaper than court for most consumers.
- Bring a private legal action — § 198-a and § 198-b allow recovery of attorneys' fees in many cases, so legitimate claims are usually viable to pursue.
Talk to me first
Honestly, before you escalate — text or call. If a car I sold you has a real problem, I want to fix it. That's the whole point of the way I work. Most issues we resolve in a phone call without anyone ever filling out a complaint form.
Addys Mejia · (516) 630-3060 · drivewithaddys@gmail.com
A note on this summary
This page is a plain-English summary intended to help you understand your rights. It is not legal advice and is not a substitute for the actual statutes or for advice from a licensed attorney. Sections 198-a and 198-b of the New York General Business Law, and any implementing regulations from the NY DMV and Attorney General, are the controlling authority. Coverage thresholds, mileage tiers, and procedures may be updated by the legislature or by regulation; check ny.gov or consult an attorney for the current text.