The Diversity Of New York State Lemon Law
by Mark Kessler
Imagine the next time you join a discussion about New York State Lemon Laws. When you start sharing the fascinating New York State Lemon Laws facts below, your friends will be absolutely amazed.
New York state lemon laws have been amended four different times: 1/3/90, 8/18/90, 11/1/90 and 9/1/83. In its most recent amendment, the New York state lemon law declares that all cars purchased and registered in the state of New York (including passenger cars purchased, leased, transferred or registered in New York) are warranted against all material defects for 18,000 miles or 2 years (whichever comes first). Should warranty defects occur within the stated time period, they must be reported to the manufacturer, its agent, or authorized auto dealer. New York state lemon law requires that the unsatisfied car buyer send notice of warranty defects to the manufacturer by certified mail or with a return receipt requested. Upon receipt of the notice, the manufacturer, its agent, or authorized dealer (by authority of New York state lemon law) must repair the warranty defect(s) at no cost to the buyer.
If the repairs can not be made after four or more attempts, or the vehicle is not usable due to repairs for thirty days during the warranty period, or if the manufacturer, its agent, or authorized dealer refuses to make the necessary repairs within twenty days, dissatisfied car buyers are entitled to either a replacement vehicle or a refund, plus associated fees.
According to New York state lemon laws, a manufacturer, its agent, or authorized dealer will not be held accountable for nor responsible for supplying dissatisfied car buyers with a refund or replacement vehicle if the warranty defect(s) are proven to be the result of abuse, neglect, or unauthorized modifications. Nor is a manufacturer, its agent, or authorized dealer held accountable for or responsible for supplying dissatisfied car buyers a replacement vehicle or refund if the warranty defect(s) do not depreciate the value of the vehicle.
A car manufacturer, its agent, or authorized automobile dealer has the right (according to New York state lemon law) to refuse to supply a replacement vehicle or refund until their own arbitration program is considered to find a resolution. If the manufacturer, its agent, or authorized dealer does not have an arbitration program, dissatisfied car buyers may seek any remedy by law and may be entitled to attorneys fees. No contract or agreement made within an internal arbitration program voids New York state lemon law rights.
As an alternative to the arbitration program available through the manufacturer, its agent, or authorized dealer, dissatisfied car buyers may choose to submit a claim to an independent arbitrator, approved by the attorney general. A dissatisfied car buyer may prefer an independent arbitration program to ensure objectivity and minimize special interests. Fees (court costs and attorney fees) may apply. To learn how to submit a claim to an independent arbitrator in accordance to New York state lemon laws, contact the New York consumer or attorney general's office.
Now that wasn't hard at all, was it? And you've earned a wealth of knowledge, just from taking some time to study an expert's word on New York State Lemon Laws.
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