Buffalo NY Lemon Law Attorney
A lemon is usually a car or other product that continues to function defectively no matter how many times it is repaired. The defect has to impair the product’s use, safety or value. Lemon laws are laws that regulate the conduct of the seller to protect buyers when they buy lemons. The laws allow the buyer to be able to get a refund and possibly other awards if the product they bought is declared a lemon. When most people think of lemons, they think of used cars. Therefore the information provided below applies generally to used cars, although the lemon laws can apply to other goods as well.
Lemon laws generally try to hold the manufacturer to the warranty provided with the sale of goods. A warranty is a manufacturer’s or dealer’s promise to pay for repairs and replacements made to the product, at their cost, during the period of time the warranty covers. There are generally two kinds of warranties: implied and express. An implied warranty is a promise that the product purchased can be used for a specific purpose. An express warranty is a promise in writing that the product will work for a specific purpose.
New York law provides protection for used goods, such as cars. The law also provides protection for buyers of new cars, as well as for other products, such as wheelchairs. In order for the New York used car lemon law to apply, your car had to have been bought or leased:
· after either 18,000 miles or two years from the time the car was originally bought – whichever comes first;
· from a New York based dealer;
· for less than 1,500 miles;
· at less than 100,000 miles; and
· to be used for personal purposes.
If covered by the law, you can receive a refund if your car has been unsuccessfully repaired 3 or more times for the same problem. Additionally, if you can’t use your car for 15 days due to the car being repaired, you can also receive a refund of your purchase price and lease payments. You can find out more about your rights under the New York used car lemon law here.
Warranties Based on Mileage
The New York used car lemon law also provides protection for buyers based on the mileage of the used car purchased. Consult the table below for guidelines on the kind of warranty you should receive depending on the mileage of your car.