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NY Lemon Laws

The term "Lemon Laws" is used to refer to both the Federal Magnuson Moss Warranty Act and the New York State New and Used Car Lemon Laws. The Magnuson Moss Warranty Act is a federal statute that provides consumers with a number of remedies should the person who warranted the product breach that warranty. If the warranty is breached, a consumer will be entitled to a refund of their purchase price and/or damages, depending upon the facts of their case. The statute also provides that if a consumer settles their case or obtains a verdict in their favor, the consumer's lawyers are, at the discretion of the court, entitled to recover their reasonable attorney fees.

Similarly, the New York State New Car Lemon Law, General Business Law, Section 198-a, provides that if, after a reasonable number of attempts, a dealer cannot repair a new vehicle within the first 18 months or two years of delivery of that vehicle to the consumer, then the consumer is entitled to a refund of the purchase price or a replacement vehicle. The law presumes that a reasonable number of attempts have been made if the dealer has made four repair attempts for the same problem or the vehicle has been out of service for 30 days or more within the first 18,000 miles or two years. However, this does not mean that you have to have four repair attempts or meet the 30 day requirement to have a claim under the New York State New Car Lemon Law. So long as a "reasonable number" of repair attempts have been made, you may seek relief. Consequently, you should always consult with a lawyer when evaluating your legal rights. This law also provides a mechanism for recovering attorney fees.

Finally, the New York State Used Car Lemon Law, General Business Law, Section 198-b, provides that every used car with less then 100,000 miles, sold in New York State is warranted for 30-90 days, depending upon the mileage at the time of sale. The Used Car Lemon Law only warrants certain parts of the used car, and it is best to consult with an attorney when evaluating your rights under the Used Car Lemon Law. Again, this law provides a mechanism for recovering attorney fees.

There are a number of other laws that may entitle you to relief regarding problems with your vehicle and you should consult with an attorney so that you are aware of all of your legal rights. Our firm provides free consultations and if we decide to accept your case, we do not charge you any attorney fees, regardless of the outcome of your case.

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