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Lemon Law

Gen. Bus. Law § 198-a — a new car's defects within 18,000 miles or two years, and a refund or replacement

18,000 miles or two years. If a new car sold and registered in New York does not conform to its express warranties within the first 18,000 miles or two years from delivery, whichever comes first, and the consumer reports it in that period, the manufacturer or dealer corrects it at no charge, even when the repair is made after the period ends.

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A replacement or a refund. If a defect that substantially impairs the car's value is not fixed after a reasonable number of attempts, the manufacturer, at the consumer's option, replaces the car with a comparable one, or takes it back and refunds the full purchase or lease price and trade-in allowance, plus fees and charges such as license and registration fees, less an allowance for use beyond the first 12,000 miles.

A reasonable number of attempts is presumed when, within the period:

  • The same defect has been through repair four or more times and still exists.
  • The car has been out of service for repairs a total of thirty or more calendar days.

The warranty periods and the thirty day out of service period are extended by any time repairs were unavailable because of war, invasion, strike, fire, flood or another disaster. Motor homes have their own notice rules.

Sources for this section (1)
  1. Gen. Bus. Law § 198-a — Warranties

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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