Lemon Law Arbitration Program
For existing cases:
For CDRC staff & arbitrators:
What is the Lemon Law?
In New York State, the New Car, Used Car, Wheelchair, and Farm Equipment Lemon Laws provide a legal remedy for buyers or lessees of new and used cars that turn out to be lemons. If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts, you may be entitled to a full refund.
Unlike other available lemon law mediation programs, the NYSDRA-administered, Lemon Law Arbitration program is the only program that is managed under, and carries the force of, the New York State Attorney General’s Office.
What is NYSDRA's role in program administration?
NYSDRA has been the program administrator since November of 1996. NYSDRA administers the Lemon Law program on behalf of the New York State Attorney General's Office. NYSDRA is a neutral 3rd party in the program and assigns a local Community Dispute Resolution Center (CDRC) to each Lemon Law case.
How the Attorney General's program differs from other programs?
The most important difference between the New York State Attorney General's Lemon Law Arbitration program is that decisions rendered under the Attorney General’s Lemon Law Arbitration program are legally binding and enforceable. Decisions secured under other programs are not legally binding.
How much does it cost to file a claim?
The filing fee changes based on the type of case you are filing. The filing fees are listed below:
New Car / Motor Home - $250
Used Car - $120
Farm Equipment - $120
Wheelchair - $100
Wear & Tear - $75
What does the Lemon Law Cover?
List of Services
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New Cars & MotorhomesList Item 1
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.
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Used CarsList Item 2
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 but less than 100,000 miles is also subject to Lemon Law coverage depending on the mileage at the time of purchase:
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
The consumer will also be awarded a return of the $120.00 arbitration filing fee for an arbitrator’s award in his or her favor.
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MotorcyclesList Item 4
A new or used motorcycle that was purchased/leased OR registered in New York State is covered by the Lemon Law.
Depending on whether the motorcycle was purchased new or used will determine if the motorcycle will qualify under the new or used car Lemon Law.
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.
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WheelchairsList Item 3
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 consumer will also be awarded a return of the $100.00 arbitration filing fee for an arbitrator’s award in his or her favor.
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Farm Equipment
The New York Farm Equipment Lemon Law provides a legal remedy for New York residents who buy or lease new farm equipment that turns out to be defective, or in other words, a lemon.
If your farm equipment fails to conform to the terms of its written warranty, and the supplier or authorized dealer is unable to repair the equipment after a reasonable number of attempts, you may be entitled to a full refund or comparable replacement equipment.
The consumer will also be awarded a return of the $120.00 arbitration filing fee for an arbitrator’s award in his or her favor.
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Lease Wear & Tear
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.
The consumer will not be required to pay the excess damages and will also be awarded a return of the $75.00 arbitration filing fee for an arbitrator’s award in his or her favor.
How Does the Arbitration Process Work?
List of Services
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1. Consumer Completes Request for Arbitration FormList Item 1
The claim begins when the Request for Arbitration Form is filed. Once the form is filed, the Attorney General's Office will review the form for completeness and accuracy to verify that the vehicle meets the minimum requirements under the Law. If your case is not accepted into the program for whatever reason, the Attorney General's Office will respond to your request confirming the reason for denial. You may need to fix errors on the form and resubmit the form again.
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2. Case Acceptance & Filing Fee RequestList Item 2
Once the Attorney General's Office accepts the case into the arbitration program, the case is forwarded to NYSDRA for processing. NYSDRA will then reach out to you to collect the filing fee payment. The fee can be paid via the NYSDRA website or via personal check. You will have 60 calendar days to pay the filing fee. If the filing fee is not paid within that timeframe, your case will be marked closed and you will need to file a new Request for Arbitration form.
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3. Filing Fee Payment & Case ProcessingList Item 3
Once you pay the required filing fee, NYSDRA will forward your case to one of the Community Dispute Resolution Centers (CDRCs) in New York State. The center which handles your case will be based on the location chosen on the Request for Arbitration Form.
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4. Supporting Documents Submission
Once the filing fee is paid, you are free to provide any supporting documents for your claim. The documents should include a copy of your financing / lease agreement, repair orders, and any additional documents that you would like to include. The documents can be sent to the Lemon Law Program Manager as well as to the CDRC. The CDRC will hold onto your documents and forward them to the arbitrator prior to the hearing.
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5. Arbitration HearingList Item 4
Once the CDRC receives your case, they will schedule an arbitration hearing with an arbitrator assigned by that CDRC. The arbitrator will take testimony from both sides and will render an award based on the testimony and evidence provided from both parties. The hearing is typically scheduled approximately 45 calendar days after the filing fee is paid.
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6. Rendering of the Decision
In most cases, the arbitrator will render an award within 5 calendar days after the hearing and will forward the award to NYSDRA. The Lemon Law Program Manager will send the award to both parties, typically via email.
Ready to File for Arbitration?
Still Have Questions?
You may reach out to NYSDRA's Lemon Law program manager directly at lemonlaw@nysdra.org. You may also complete the Contact Us form via the below button. When completing the form, please be sure to select Lemon Law as your area of interest. We also encourage you to review the below program FAQ which answers additional questions about the Lemon Law program and case management process.
