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New York Lemon Law

Frequently Asked Questions


The New York Lemon Law was enacted for the express purpose of protecting consumers from buying or leasing new, but faulty, motor vehicles or motorcylces. The law seeks to make sure that the manufacturer of the vehicle fixes any problems or defects that were originally covered under the manufacturer’s warranty and were reported by the owner within 24 months or or 18,000 miles, whichever comes first. David J. Gorberg & Associates has helped more than 22,000 clients and recovered millions of dollars in settlements making us one of the leading lemon law firms in the tri state area of NY, PA and NJ.

What to do if you have a Lemon

Call our toll free telephone number 1-800-MY-LEMON (1-800-695-366), or complete our free lemon law case evaluation. If we agree to represent you, we will submit your claim to the manufacturer, negotiate a settlement and get you money for your defective car, at no cost to you. Should the automobile manufacturer refuse to comply with lemon law requirements, we will promptly file suit on your behalf to seek compensation under the New York Lemon Law and Federal Warranty Act. If your case settles, all fees and costs are paid by the manufacturer. Regardless of the outcome, you never pay any fees or costs.

New York Lemon Law Basics
The New York lemon law covers any consumer who purchases, or leases, and registers a new motor vehicle or motorcycle in the state. Under the New York Lemon Law your car or bike may be declared a lemon if it meets all of the following conditions:
  1. It has a defect, or condition that is covered by the manufacturer's express warranty
  2. The defect, or condition substantially impairs the use, market value, or safety of the car
  3. You reported the defect, or condition at least once to the manufacturer's authorized dealer within 24 months of purchase or within 18,000 miles whichever comes first.
  4. You gave the manufacturer or its authorized dealer 3-4 opportunities to repair the defect or condition.

Free Legal Help Under the New York Lemon Law

TThe New York Lemon Law requires the manufacturer to pay all attorney fees if the consumer wins or settles his or her case. David J. Gorberg & Associates provides free represenation to thousands of clients each year under the lemon law. If we accept your case, we will look to the manufacturer to pay all legal fees. Win or lose, you are don’t have to pay any out of pocket expenses.

Are leased vehicles covered under the NY Lemon Law?

Yes, the New York lemon law provides coverage for leased cars.

Are motorcycles covered under the New York Lemon Law?

Yes, motorcycles were added to the NY Lemon Law in 2005.

Are all Problems Covered under the NY Lemon Law?

The Lemon Law only covers specific problems under specific conditions. The following are not covered by the New York’s lemon law:
  • Problems or defects that do not substantially impair the vehicle's use, value, or safety.
  • Any problem that is attributable to the vehicle owner’s own negligence.
  • Defects that are caused by an accident, vandalism, or acts of god.

What if I Start having Problems After The NY Lemon Law Mileage/Year Requirement?

You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal Warranty Act, also known as the Magnuson-Moss Warranty Act and the Uniform Commercial Code. David J. Gorberg & Associates has represented thousands of clients whose vehicles did not start having problems during the lemon law year/mileage limitation.

What are your Rights under New York Lemon Law?

If you qualify under the New York Lemon Law, you have several important rights:
  • The right to have the manufacturer replace your vehicle with a similar new vehicle.
  • The right to compel the dealer or manufacturer to repurchase your vehicle at the original price of the vehicle, including any finance charges, registration fees and taxes on the vehicle, minus an allowance for the use of the car. (The allowance for the use of the vehicle is either 10% of the purchase price of the vehicle or ten cents per mile of the vehicle up to the first problem, whichever is less.)


Refund for Purchased or Leased Vehicles

In the case of a vehicle refund, the refund is calculated by taking the full purchase price of the vehicle, and then subtracting a "reasonable allowance for vehicle use."

Replacement for Purchased Vehicles

The manufacturer can offer to replace the vehicle, although you do not have to accept their offer (opting instead for a refund). However, if the manufacturer refuses to refund your money, you can take them to court. If you do accept a replacement vehicle, and the original vehicle was financed, the manufacturer must make sure the financing is transferred from the original vehicle to the replacement vehicle. It is your responsibility to have the title and registration transferred to your new vehicle.

Court Action

If the manufacturer does not accept your Lemon Law claim, we will file suit seeking compensation for you.

If you win, the manufacturer must pay costs, reasonable attorney's fees and expert witness fees.

Can I Resolve This Myself?

You probably should avoid aggravating yourself further and wasting time. First, there is a reason that all 50 states have some form of a Lemon Law. Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a lemon law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost them to buy back everyone's vehicle who made a complaint. Second, if you fail, you will have wasted precious time if you then have to hire an attorney. Third, the right law firm does NOT charge YOU an hourly attorney's fee! By being represented by the right law firm you lend legitimacy to your case. If you select a law office that limits their practice to consumer law, the manufacturer will most likely already know your law firm. If your law firm has successfully handled multiple lemon law claims, the manufacturer will know that you have someone on your side who knows what they are doing. Furthermore, if the manufacturer knows that if you do not get what you want, you have the ability and the will to file a lawsuit, you will be treated with more respect. This is because it costs the manufacturer money just to defend a lawsuit (starting from the moment you file the Complaint) as they have to send it to a qualified local law firm to defend it.


To learn more about the New York Lemon Law please call 1-800-MY-LEMON (1-800-695-3666) or email us.