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New York lemon law: when your car is a lemon and how to claim

In New York, a new car counts as a lemon after 4 repairs for the same problem or 30 calendar days in the shop within the first 24 months or 18,000 miles. First, send the manufacturer a written notice: the free letter below does it.

Checked against official sources: Oct 22, 2026

24 mo / 18,000 milemon law period
4 triesrepairs for the same problem
30 calendar daysout of service
Maybecheck your warranty booklet for an arbitration program (e.g. BBB AUTO LINE)
4 years from deliverydeadline to sue or file
Get your letter ↓

Your next 4 steps in New York

  1. Keep every repair order

    Get a written repair order at every visit, with the date, mileage and days in the shop. In New York, a car is presumed a lemon after 4 repairs for the same problem or 30 calendar days in the shop.

  2. Send the manufacturer a written notice

    Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. Write your notice letter ↓

  3. Let the manufacturer make its final repair attempt

    If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.

  4. Ask for a refund or replacement, use arbitration, or call a lawyer

    If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below.

When a car is a lemon in New York

Within 18,000 miles or 2 years, your car is presumed a lemon if the same defect has been repaired 4 or more times and is still there, or the car has been out of service for repairs for a total of 30 or more calendar days. The defect must substantially impair the car's value. Separately, if the dealer refuses to start repairs within 7 days of your report, you can notify the manufacturer by certified mail; if it does not start repairs within 20 days, you are entitled to a refund or replacement. Motor homes have special notice rules.

Period: The first 18,000 miles or 2 years from original delivery, whichever comes first

Is your car a lemon in New York? A quick check

New York: The first 18,000 miles or 2 years from original delivery, whichever comes first.

Fill in what you knowThe result updates as you type.

A rough guide to New York’s presumption, not legal advice. Even if your car falls short, you may still have a claim under your warranty or federal law.

Notice to the manufacturer

Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. If you tell the dealer, the dealer must send written notice to the manufacturer within 7 days. A certified letter (return receipt requested) to the manufacturer is needed only if the dealer refuses to repair, or for motor homes when the manufacturer gave you written notice of the special motor home rules.

Write your notice letter below.

Arbitration

Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). If the manufacturer has its own arbitration program, you must use an arbitration program before you can get a refund or replacement, but you may choose the state program instead of the manufacturer's. In the state program, the Attorney General reviews your request form, then NYSDRA asks for a $250 filing fee (returned if you win); the decision is binding on both sides, with a limited right to appeal to court.

New York State New Car Lemon Law Arbitration Program (Attorney General, administered by the New York State Dispute Resolution Association)

Deadline to sue or file in New York

File suit within 4 years of the original delivery of the vehicle to the consumer (N.Y. Gen. Bus. Law § 198-a(j)).

Enter the delivery date to see the date.

What you can get

At your choice: a comparable replacement vehicle, or a refund of the full purchase price (or lease price) and any trade-in allowance, plus fees and charges such as license and registration fees and similar government charges. The manufacturer may deduct only for miles over 12,000: (miles over 12,000) x purchase or lease price / 100,000, plus a reasonable allowance for damage beyond normal wear. Sales tax on the refunded amount is refundable from the NY Department of Taxation and Finance. A leased car's lease ends with no early-termination penalty.

Attorney fees: A court may award reasonable attorney's fees to a winning consumer, including in court proceedings about a state-program arbitration and to collect an award (§ 198-a(l)).

Free lemon law notice letter

Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.

Send it by certified mail with return receipt so you have proof, and keep the receipt.

On your registration, insurance card or the driver’s side of the dashboard. A VIN never uses I, O or Q.

Find it in your warranty booklet or owner's manual (look for 'Customer Assistance').

Other formats

Who to contact

Office
New York State Attorney General, Lemon Law Unit
Phone
800-771-7755

Official page · Official lemon law guide

Forms

What the law covers

New vehicles
Yes
Used vehicles
Yes
Leased vehicles
Yes
Which vehicles
Motor vehicles (not off-road vehicles) that had a manufacturer's warranty at original delivery and were bought, leased or transferred in New York within the first 18,000 miles or 2 years, or are registered in New York. Motor homes are covered except their living quarters (flooring, plumbing, roof air conditioner, furnace, generator and similar parts).
Who can claim
A buyer, lessee or transferee (not for resale) of a vehicle used mainly for personal, family or household purposes, and anyone else the warranty lets enforce it. Lessees qualify if the lease makes them responsible for repairs. Rights carry over to a later owner.

Used cars in New York

New York's Used Car Lemon Law (Gen. Bus. Law § 198-b) requires dealers (3 or more sales a year) to give a written warranty on used cars sold for $1,500 or more with no more than 100,000 miles: 90 days/4,000 miles (up to 36,000 miles), 60 days/3,000 miles (36,001-79,999 miles), or 30 days/1,000 miles (80,000-100,000 miles). The state arbitration program also handles used-car cases ($120 fee).

Used car rules in every state

Good to know

  • Dealers and manufacturers must give you the 'New Car Lemon Law Bill of Rights' notice, printed in the statute (§ 198-a(m)).
  • A manufacturer has 30 days to comply with an arbitration award you accept, and owes $25 per business day of delay, up to $500 (§ 198-a(h)).
  • New York also has separate lemon laws for wheelchairs and self-propelled farm equipment, and a state arbitration program for end-of-lease 'excess wear and tear' charges.

Questions about New York's lemon law

How many repair attempts make a car a lemon in New York?

Within 18,000 miles or 2 years, your car is presumed a lemon if the same defect has been repaired 4 or more times and is still there, or the car has been out of service for repairs for a total of 30 or more calendar days. The defect must substantially impair the car's value. Separately, if the dealer refuses to start repairs within 7 days of your report, you can notify the manufacturer by certified mail; if it does not start repairs within 20 days, you are entitled to a refund or replacement. Motor homes have special notice rules.

How long does New York's lemon law cover a car?

The first 18,000 miles or 2 years from original delivery, whichever comes first

Do I have to notify the manufacturer in New York?

Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. If you tell the dealer, the dealer must send written notice to the manufacturer within 7 days. A certified letter (return receipt requested) to the manufacturer is needed only if the dealer refuses to repair, or for motor homes when the manufacturer gave you written notice of the special motor home rules.

Do I have to go to arbitration in New York?

If the manufacturer has its own arbitration program, you must use an arbitration program before you can get a refund or replacement, but you may choose the state program instead of the manufacturer's. In the state program, the Attorney General reviews your request form, then NYSDRA asks for a $250 filing fee (returned if you win); the decision is binding on both sides, with a limited right to appeal to court.

What can I get under New York's lemon law?

At your choice: a comparable replacement vehicle, or a refund of the full purchase price (or lease price) and any trade-in allowance, plus fees and charges such as license and registration fees and similar government charges. The manufacturer may deduct only for miles over 12,000: (miles over 12,000) x purchase or lease price / 100,000, plus a reasonable allowance for damage beyond normal wear. Sales tax on the refunded amount is refundable from the NY Department of Taxation and Finance. A leased car's lease ends with no early-termination penalty.

Is there a deadline to file a lemon law claim in New York?

File suit within 4 years of the original delivery of the vehicle to the consumer (N.Y. Gen. Bus. Law § 198-a(j)).

Does New York's lemon law cover used cars?

New York's Used Car Lemon Law (Gen. Bus. Law § 198-b) requires dealers (3 or more sales a year) to give a written warranty on used cars sold for $1,500 or more with no more than 100,000 miles: 90 days/4,000 miles (up to 36,000 miles), 60 days/3,000 miles (36,001-79,999 miles), or 30 days/1,000 miles (80,000-100,000 miles). The state arbitration program also handles used-car cases ($120 fee).

Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.

Federal warranty law

Sources

Last checked: Oct 22, 2026.

Law: New York New Car Lemon Law, N.Y. Gen. Bus. Law § 198-a

Other states