NYSDRA has contracted with the NYS Attorney General's Office to administer the Lemon Law Arbitration Program through its network of Community Dispute Resolution Centers. The contract to administer this program began in November of 1996.
The Lemon Law Arbitration Program was established by the Attorney General in 1987 to provide an independent, speedy, efficient and fair forum to settle disputes for consumers whose new or used vehicles turn out to be "lemons."
New/Leased Cars, Motor Homes and Motorcycles
A new vehicle that was purchased, leased or registered in New York State for personal use and which shows a serious problem or defect that is not corrected after four or more repair attempts, or is out of service due to repair for at least 30 days, within the first 18,000 miles or two years (whichever comes first), may be eligible for the Lemon Law Arbitration Program. If successful, the consumer will be entitled to either a full refund of the purchase price (less an allowance for mileage over 12,000 miles), or a comparable replacement vehicle. The consumer will also be awarded a return of the $250.00 arbitration filing fee for an arbitrator’s award in his or her favor.
Used Cars and Motorcycles
A vehicle purchased or leased from a New York State dealer (one who sold or offered to sell three or more cars within the previous twelve-month period) for personal use with more than 18,000 miles is also subject to Lemon Law coverage depending on the mileage at the time of purchase (as follows):
| MILES AT PURCHASE |
DURATION OF WARRANTY |
| 18,000-36,000 |
90 days or 4,000 miles |
| 36,001-79,999 |
60 days or 3,000 miles |
| 80,000-100,000 |
30 days or 1,000 miles |
If a part covered by the law is the subject of a serious defect that remains uncorrected after three or more repair attempts or the vehicle is out of service for at least 15 days within the applicable statutory period, the consumer may be eligible for Lemon Law relief through the arbitration program. If successful, the consumer will be entitled to a refund of the purchase price as well as the return of the $120.00 arbitration filing fee.
Lease Excess Wear and Damage Law Program
New York’s Lease Excess Wear and Damage Law provides a legal remedy for consumers who lease a new or used motor vehicle and dispute excess wear and damage charges levied against them by the leasing company upon termination of the lease. The Lease Excess Wear and Damage Program enables a consumer/lessee to contest (1) whether damage to the leased vehicle exists, (2) whether such damage constitutes “excess” wear and damage above normal wear and damage, (3) the amount of the charges sought by the lessor for excess wear and damage, and (4) whether the lessor complied with lease-end notice and vehicle access requirements. If successful, the consumer is not required to pay for excess damage and will be entitled to a refund of the $75.00 arbitration filing fee.
Wheelchairs
A new wheelchair that was purchased or leased in New York State and which manifests a serious problem or defect that is not corrected after three or more repair attempts, or is out of service due to repair for at least 30 days within the first year of ownership, may be eligible for Lemon Law relief through the arbitration program. If successful, the consumer will be entitled to either a full refund of the purchase price of the wheelchair, or a comparable replacement wheelchair. The successful consumer will also be awarded a return of the $100.00 arbitration filing fee. (Forms can be found on the Attorney General's website under Family and General Consumer Issues)
How do I file a complaint?
To seek relief under either Lemon Law Arbitration Program, a consumer should contact your regional Attorney General's Office for a "Request for Arbitration Form” or on line at the Attorney General’s website at www.oag.state.ny.us.
For more detailed information regarding the Lemon Law Arbitration Program, including a guide for consumers (for both new and used car Lemon Law) or a copy of the New Car Bill of Rights, contact the Attorney General's Office at 1-800-771-7755. For hearing impaired consumers, call 1-800-788-9898 or go to their website at www.oag.state.ny.us.
Additional Resources:
Attorney General's Office - Forms and Applications (Motorcycle complaints use the New Car Manual and forms)
Find a local CDRC - Community Dispute Resolution Center
Related Law:
General Business Law, section 198-a
General Business Law , section 198-b
Title 13 NYCRR Chap. VIII Part 300
General Business Law, Article 32, Section 670
Personal Property Law Article 9-A