New York's Lemon Law Is One of
the Strongest in the Country.
Under NY General Business Law § 198-a, a manufacturer is presumed to have had a reasonable number of repair attempts when either of the following thresholds is met during the first 2 years or 18,000 miles:
Same Defect, Four Repair Attempts
The same defect or condition has been subject to repair four or more times and the defect continues to exist. Applies to any substantial defect that impairs the vehicle's use, value, or safety.
Days Out of Service
The vehicle has been out of service by reason of repair for a cumulative total of 30 or more calendar days during the 2 year / 18,000 mile period. Days don't need to be consecutive.
Important: These Are Presumptions, Not Hard Floors
The 4 repairs / 30 days thresholds create a legal presumption of a reasonable repair opportunity — courts can find lemon law violations even with fewer repairs if the defect substantially impairs safety. Per DaimlerChrysler Corp. v. Spitzer, it also doesn't matter if your car is currently working — what counts is the repair history during the covered period.
What the Manufacturer Owes You
Full Refund
Full purchase price including trade-in allowance, all fees, taxes, registration, and license charges — minus a reasonable allowance for your use of the vehicle. Under § 198-a(c)(1).
Comparable Replacement
In lieu of a refund, you can demand a comparable new vehicle from the manufacturer — same make, model, and equipment. Your choice, not the manufacturer's.
Attorney's Fees — Paid by Manufacturer
Under § 198-a, the court may award reasonable attorney's fees to a prevailing consumer. This means you pay nothing out of pocket for legal representation. The manufacturer pays.
Which Vehicles Qualify?
✅ New Car Lemon Law (GBL § 198-a)
- →New cars, trucks, SUVs purchased or leased in NY
- →Defect reported within first 2 years or 18,000 miles
- →Motorcycles and motor homes also covered
- →Electric vehicles (EVs) fully covered
- →Leased vehicles — same rights as purchased
- →4-year statute of limitations from delivery
✅ Used Car Lemon Law (GBL § 198-b)
- →Used cars purchased from a NY dealer
- →Must have cost at least $1,500 and be under 100,000 miles
- →18K–36K miles: 90-day / 4,000-mile warranty
- →36K–80K miles: 60-day / 3,000-mile warranty
- →80K–100K miles: 30-day / 1,000-mile warranty
- →3 repair attempts or 15 days out of service
✅ Federal Magnuson-Moss Warranty Act
- →Applies to vehicles not covered by state lemon law
- →Covers any breach of written or implied warranty
- →Attorney's fees also paid by manufacturer if you prevail
- →Often broader than state law — catches more cases
- →4-year statute of limitations (borrows from NY)
⚠️ What's Not Covered
- →Defects caused by consumer abuse, neglect, or unauthorized modifications
- →Used cars with over 100,000 miles at time of purchase
- →Off-road vehicles (state law)
- →Living facilities of motor homes (separate rules apply)
- →Defects that don't substantially impair value, use, or safety
What to Expect
Free Case Review
We review your repair records and determine if you qualify. Takes 24 hours or less.
Demand Letter
We send a formal demand to the manufacturer. Many cases settle here without arbitration.
Arbitration or Suit
If needed, we file with the NY Attorney General's arbitration program or pursue a court action.
Refund or Replacement
You receive your full refund or a new vehicle. The manufacturer pays our attorney's fees.
The Manufacturer Has Lawyers.
Now You Do Too.
And unlike the manufacturer's lawyers, ours don't cost you a thing. You only pay us when we win — and even then, the manufacturer pays our fees, not you.
📞 (212) 300-3191 — Free CallNo upfront fees · Manufacturer pays attorney costs · 4-year window to file
New York Lemon Law FAQ
Does the manufacturer really pay my attorney's fees?
Yes. Under NY General Business Law § 198-a, a court may award reasonable attorney's fees to a prevailing consumer. In practice, manufacturers typically settle with a fee payment to the attorney — often $2,000 at early resolution stages, more if the case proceeds to litigation. You pay nothing out of pocket regardless.
My car only had 3 repair attempts. Can I still file?
Possibly. The 4 repair / 30 day thresholds create a legal presumption but are not absolute minimums. Courts can find lemon law violations with fewer repairs if the defect substantially impairs safety or value, or if the repairs took an unreasonable amount of time. Call us — every case requires individual analysis.
My car seems fine now. Is it too late to file?
No. Per DaimlerChrysler Corp. v. Spitzer, the current operating status of your vehicle is irrelevant. What matters is the repair history during the first 2 years or 18,000 miles. If the thresholds were met during that period, you have a valid claim even if the car works today. You have 4 years from original delivery to file.
I leased my car. Am I covered?
Yes. Lessees have the same rights as purchasers under NY GBL § 198-a. If you qualify, you're entitled to a refund of all payments made under the lease contract plus any trade-in allowance, minus a reasonable use deduction. The lease terms are deemed terminated upon the refund.
The manufacturer's arbitration program denied my claim. Is that final?
No. Manufacturer arbitration decisions are not binding on you. You can reject the result and either pursue independent arbitration through the NY Attorney General's program or file a lawsuit directly in court. The Attorney General's program also accepts consumers who lost through a manufacturer's program.
What records do I need?
Gather all repair orders from every dealer visit — these are the most critical documents. Each repair order should show the date, the complaint, what the dealer found, and what work was done. Also helpful: purchase or lease agreement, window sticker, warranty booklet, and any written communications with the dealer or manufacturer. Call us even if your records are incomplete — we can help obtain them.