New York · Lemon law · Updated Oct 2026
New York New Car Lemon Law (N.Y. Gen. Bus. Law § 198-a) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in New York, the notice you must send and what you can get back.
Within 18,000 miles or 2 years, your car is presumed a lemon if the same defect has been repaired 4 or more times and is still there, or the car has been out of service for repairs for a total of 30 or more calendar days. The defect must substantially impair the car's value. Separately, if the dealer refuses to start repairs within 7 days of your report, you can notify the manufacturer by certified mail; if it does not start repairs within 20 days, you are entitled to a refund or replacement. Motor homes have special notice rules.
Period: The first 18,000 miles or 2 years from original delivery, whichever comes first
Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. If you tell the dealer, the dealer must send written notice to the manufacturer within 7 days. A certified letter (return receipt requested) to the manufacturer is needed only if the dealer refuses to repair, or for motor homes when the manufacturer gave you written notice of the special motor home rules.
If the manufacturer has its own arbitration program, you must use an arbitration program before you can get a refund or replacement, but you may choose the state program instead of the manufacturer's. In the state program, the Attorney General reviews your request form, then NYSDRA asks for a $250 filing fee (returned if you win); the decision is binding on both sides, with a limited right to appeal to court.
At your choice: a comparable replacement vehicle, or a refund of the full purchase price (or lease price) and any trade-in allowance, plus fees and charges such as license and registration fees and similar government charges. The manufacturer may deduct only for miles over 12,000: (miles over 12,000) x purchase or lease price / 100,000, plus a reasonable allowance for damage beyond normal wear. Sales tax on the refunded amount is refundable from the NY Department of Taxation and Finance. A leased car's lease ends with no early-termination penalty.
Attorney fees: A court may award reasonable attorney's fees to a winning consumer, including in court proceedings about a state-program arbitration and to collect an award (§ 198-a(l)).
Deadline: File suit within 4 years of the original delivery of the vehicle to the consumer (N.Y. Gen. Bus. Law § 198-a(j)).
New York's Used Car Lemon Law (Gen. Bus. Law § 198-b) requires dealers (3 or more sales a year) to give a written warranty on used cars sold for $1,500 or more with no more than 100,000 miles: 90 days/4,000 miles (up to 36,000 miles), 60 days/3,000 miles (36,001-79,999 miles), or 30 days/1,000 miles (80,000-100,000 miles). The state arbitration program also handles used-car cases ($120 fee).
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. If you tell the dealer, the dealer must send written notice to the manufacturer within 7 days. A certified letter (return receipt requested) to the manufacturer is needed only if the dealer refuses to repair, or for motor homes when the manufacturer gave you written notice of the special motor home rules. Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Official page · Official lemon law guide
Within 18,000 miles or 2 years, your car is presumed a lemon if the same defect has been repaired 4 or more times and is still there, or the car has been out of service for repairs for a total of 30 or more calendar days. The defect must substantially impair the car's value. Separately, if the dealer refuses to start repairs within 7 days of your report, you can notify the manufacturer by certified mail; if it does not start repairs within 20 days, you are entitled to a refund or replacement. Motor homes have special notice rules.
The first 18,000 miles or 2 years from original delivery, whichever comes first
Report the defect to the manufacturer, its agent or the dealer within 18,000 miles or 2 years. If you tell the dealer, the dealer must send written notice to the manufacturer within 7 days. A certified letter (return receipt requested) to the manufacturer is needed only if the dealer refuses to repair, or for motor homes when the manufacturer gave you written notice of the special motor home rules.
If the manufacturer has its own arbitration program, you must use an arbitration program before you can get a refund or replacement, but you may choose the state program instead of the manufacturer's. In the state program, the Attorney General reviews your request form, then NYSDRA asks for a $250 filing fee (returned if you win); the decision is binding on both sides, with a limited right to appeal to court.
At your choice: a comparable replacement vehicle, or a refund of the full purchase price (or lease price) and any trade-in allowance, plus fees and charges such as license and registration fees and similar government charges. The manufacturer may deduct only for miles over 12,000: (miles over 12,000) x purchase or lease price / 100,000, plus a reasonable allowance for damage beyond normal wear. Sales tax on the refunded amount is refundable from the NY Department of Taxation and Finance. A leased car's lease ends with no early-termination penalty.
File suit within 4 years of the original delivery of the vehicle to the consumer (N.Y. Gen. Bus. Law § 198-a(j)).
New York's Used Car Lemon Law (Gen. Bus. Law § 198-b) requires dealers (3 or more sales a year) to give a written warranty on used cars sold for $1,500 or more with no more than 100,000 miles: 90 days/4,000 miles (up to 36,000 miles), 60 days/3,000 miles (36,001-79,999 miles), or 30 days/1,000 miles (80,000-100,000 miles). The state arbitration program also handles used-car cases ($120 fee).
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.