Lemon Law Arbitration Program
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 the program?
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 is the AG's Lemon Law program different from other programs?
The most important difference between the New York State Attorney General 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.
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 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.
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.
