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New York

NEW YORK Lemon Law:

N.Y. Gen. Bus. Law § 198-a (McKinney); N.Y. Veh. & Traf.

Law § 417-a (McKinney)

Vehicles covered: Vehicles sold, leased, or registered; excludes

off-road vehicles; includes motor homes except living quarters

(§ 198-a(a)(2)).

Persons covered: Purchasers or lessees, transferees during express

warranty period, or any person entitled to enforce the warranty if

vehicle primarily used for personal, family, or household purposes

(§ 198-a(a)(1)).

Period covered: Whichever comes first: 18,000 miles or two years

from date of delivery (§ 198-a(b)(1)).

Disclosure requirements: Manufacturer must provide specified

notice for consumer at time of sale or lease (§ 198-a(m)(2), (o)).

Required consumer notice: Must report nonconformity to the

manufacturer, its agent or dealer; if notice to dealer, dealer’s notice

to the manufacturer must include a statement indicating whether

any repairs have been undertaken (§ 198-a(b)(1)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of thirty or more calendar days (§ 198-a(d)). Twenty day

opportunity to cure for manufacturer if consumer chooses to

inform manufacturer of dealer’s refusal to cure as required within

seven days after consumer’s notice to dealer (§ 198-a(b)(2)).

Special warranty and repair provisions for motor homes.

Affırmative defenses: The nonconformity does not substantially

impair the value of the vehicle, or is the result of the consumer’s

abuse, neglect, or unauthorized modifications or alterations (§ 198-

a(c)(3)); statute of limitations (§ 198-a(j)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a comparable vehicle, or refund the full purchase price

less a reasonable use allowance (defined) (§ 198-a(b)(2), (c)(1)).

Other reimbursement: All fees and charges; sales tax refunds by a

government agency (§ 198-a(c)(1)). Attorney fees (§ 198-a(k), (l)).

Other remedies: Requires two-year/18,000 mile warranty on motor

homes (except living quarters). There is no limit on other consumer

remedies (§ 198-a(f), (h)).

Informal dispute resolution: For remedies under this section a

consumer may use an informal dispute settlement procedure established

by manufacturer, provided the procedure complies with

statutory requirements (§ 198-a(g), (m)). An alternative procedure

is the N.Y. Lemon Law Arbitration Program. Attorney fees are

available to prevailing consumers. N.Y. Comp. Codes R. & Regs.

tit. 13, §§ 300.1 to 300.18.

Resale of lemon: Full disclosure required (§ 417-a(2)). Resale

violation may result in treble damages and fines (§ 417-2(4)).