Wheelchair Lemon Law
What is the Wheelchair Lemon Law?
The Wheelchair Lemon Law provides a legal remedy for consumers who are buyers or lessees of new wheelchairs that turnout to be lemons. If the wheelchair does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the wheelchair after a reasonable number of attempts during the first year, you may entitled to relief.
What are the specific requirements to qualify for Wheelchair Lemon Law?
To qualify, all of the following must be true:
- You bought, leased, or received the wheelchair from a manufacturer that issues the warranty effective in New York State for the wheelchair.
- The wheelchair was purchased, leased or transferred in New York State.
Your wheelchair’s manufacturer must first try a certain number of times to fix the wheelchair for any defect covered by the lemon-law warranty, free of charge.
You may be able to get a refund or replacement for the wheelchair if either of the following is true:
- The problem is still there after the manufacturer tries to fix it three or more times.
- You cannot use your wheelchair for a total of 30 days or more while the manufacturer is fixing it.
Are used wheelchairs covered under the Wheelchair Lemon Law?
No, the Wheelchair Lemon Law applies to new wheelchairs only.
Can I still file a claim if my wheelchair was fixed?
If you have met all the other legal requirements, you may still be entitled to relief under the law, if either of the following is true:
- A defect remained even after the third repair attempt.
- Because of the defect, you were unable to use the wheelchair for a total of 30 days or more, even if the defect was subsequently repaired.
What happens if you win your case?
List of Services
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Repurchase / RefundList Item 1
If you win your case, you may be entitled to a full repurchase / refund. Your wheelchair would be repurchased by the manufacturer and you would recieve a full refund.
The refund should include the full purchase price plus any expenses paid by the consumer in connection with the repair, including shipping charges and the cost of obtaining an alternative wheelchair or other device to ease mobility, less a reasonable amount for use.*
*The deduction for use is calculated by multiplying the full purchase price of the wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is equal to the number of days that the wheelchair was driven before the consumer first reported the problem to the dealer or manufacturer.
For example, if a defective wheelchair which cost $6000 was used for 100 days before the consumer reported the defect to the manufacturer or its authorized dealer, the deduction for use would be $328.77 (6,000multiplied by 100 divided by 1,825) or, in this example, about $3.29/day.
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Replacement
If you win your case, you may be entitled to a replacement wheelchair. Your current wheelchair would be replaced by the manufacturer and you would recieve a different wheelchair of comparable make and model.
Financing vs. Leasing a Wheelchair
List of Services
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FinancingList Item 1
The refund you will receive from the manufacturer is the same, whether the wheelchair was financed or paid for in cash at time of purchase. However, if the wheelchair is financed, the refund is divided between you and the lender (the bank or finance company). The lender will calculate how much you still owe and apply its part of the refund to that amount. The balance of the refund then goes to you.
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Leasing
If the wheelchair is leased, the refund due from the manufacturer is divided between the consumer/lessee and the leasing company (the company to which the consumer makes lease 6 payments) according to a formula provided by the law. The amount to be refunded to the consumer/lessee is the total of the lessee’s payments plus any expenses paid by the consumer in connection with the repair including the cost of obtaining an alternative wheelchair or other device to ease mobility, less a reasonable amount for use.
For example: You leased a new wheelchair under a three-year lease, with a $1,500 downpayment, and pay a monthly lease payment of $300. After you make 12 monthly payments, you are granted a refund under the lemon law:
Deposit $1,500
Monthly payments (12 x $300) $3,600
Total refund $5,100
The refund will be $5,100, less the deduction for use.
The leasing company’s portion of the refund is the balance of the lease price, as that term is defined by the law.*
*Your lease agreement will be terminated if you win your case. However, you should continue to make any monthly lease payments as required under the lease agreement until the lease is paid off by the manufacturer to avoid late charges and/or negative credit reporting.
Ready to File or Still Have Questions?
To file a claim, click on the below file button to be redirected to the claim form. If you have any additional 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.