STATE OF NEW YORKOFFICE OF THE ATTORNEY GENERALNEW YORK'SUSED CAR LEMON LAW:A GUIDE FOR CONSUMERSLetitia JamesAttorney General
New York's Used Car Lemon Law:A Guide for ConsumersCONTENTSLemon Law for Used CarsQuestions and Answers !3Using the New York StateArbitration Program !18The Used Car Lemon Law -General Business Law §198-b !21Arbitration Program Regulations !30Offices of the Attorney General !38
Used Car Lemon LawQuestions and Answers1.The Used Car Lemon Law providesa legal remedy for buyers or lessees of usedcars that turn out to be lemons. The lawrequires dealers to give you a writtenwarranty. Under this warranty, a dealermust repair, free of charge, any defects incovered parts or, at the dealer’s option,reimburse you for the reasonable costs ofsuch repairs. If the dealer is unable to repairthe car after a reasonable number ofattempts, you are entitled to a full refund ofthe purchase price. No used car covered bythis law can be sold by a dealer "as is." (Acopy of the law may be found at the back ofthis book.)2.WHICH USED CARS ARECOVERED BY THE LEMONLAW?Under the law, a used car is onewhich satisfies all the following fiveconditions:(1)(2)less at the time of purchase or lease;andWHAT IS THE PURPOSE OFTHE USED CAR LEMON LAW?It was purchased, leased ortransferred after the earlier of (a)18,000 miles of operation or (b) twoyears from the date of originaldelivery; andIt was purchased or leased from aNew York dealer; and(3)It had a purchase price or lease valueof at least 1,500; and(4)It had been driven 100,000 miles or(5)It is primarily used for personalpurposes.3.ARE MOTORCYCLES, MOTORHOMES AND OFF-ROADVEHICLES COVERED?Effective September 1, 2004, usedmotorcycles are covered vehicles. Motorhomes, off-road vehicles, and "classic" carsregistered under section 401 of the vehicleand traffic law, are not covered.4.WHAT DOES THE PHRASE"PRIMARILY USED FORPERSONAL PURPOSES"MEAN?A car is primarily used for personalpurposes when its principal use is forpersonal, family or household purposes.Such purposes include, for example, usingthe car for household errands or to drive toand from work. A car may be used formixed personal and business use providedthat the personal use is predominant (morethan 50% of its usage).5.WHO ELSE IS PROTECTED BYTHE USED CAR LEMON LAW?Any person to whom a used car wastransferred by the purchaser during the usedcar lemon law warranty period is covered.3
6.ARE PRIVATE SALESCOVERED?No. If you bought your car from aprivate individual (rather than from adealer) you are not protected by the UsedCar Lemon Law. You should consult alawyer for advice as to other possibleremedies. If the purchase price was 5,000or less, you may wish to pursue your claimin Small Claims Courts, except in Town andVillage Courts where the limit is 3,000,exclusive of interest and court costs.7.ARE CARS OWNED ORLEASED BY BUSINESSESCOVERED?Yes, provided the car is primarilyused for personal, family or householdpurposes.8.WHICH USED CAR DEALERSARE INCLUDED?Under the Used Car Lemon Law, adealer is any person or business which sellsor leases a used car after selling or leasingthree or more used cars in the previoustwelve month period.Banks or otherfinancial institutions, except in the case of alease, are not included. Others excludedare: a business selling a used car to its ownemployee; a regulated public utility whichsells at public auction cars used in theordinary course of its operations; a lessorselling a leased car to the lessee, a memberof the lessee's family or the lessee'semployee; and the state and localgovernment or any of their agencies.49.ARE CARS PURCHASED ATAUTO AUCTIONS COVERED?Yes. If you buy a used car at a retailauto auction, the auction company must bea used car dealer registered with theDepartment of Motor Vehicles and it mustprovide you with your lemon law rights.10.WHAT DOES THE LAWREQUIRE THE DEALER TODO?A dealer who sells or leases you aused car is required to give you a writtenwarranty, the terms of which are specifiedin the law. The warranty may be referred toat times as a lemon law warranty because itis required by the “lemon law” and must behonored by the dealer. This warranty mustspecify that while it is in effect the dealer orhis agent will repair, free of charge, any partcovered by the warranty. The dealer mayelect to reimburse you for the reasonablecost of repairing any covered part.11.WHEN MUST THE LEMONLAW WARRANTY BE GIVEN?The dealer must give you a copy ofthe lemon law warranty at or before the timeyou sign the sales contract or lease.12.HOW IS THE LEMON LAWWARRANTY GIVEN?The lemon law warranty may beincluded in the sales contract or lease or ona separate sheet of paper. If it is part of thesales contract or lease, it must be separatedfrom the other contract provisions andheaded by a conspicuous title.
13.WHAT IF THE DEALER DOESNOT GIVE THE LEMON LAWWARRANTY?If a dealer fails to give you thewritten lemon law warranty, the dealer isnevertheless considered to have given thewarranty and you are entitled to all theprotections under the law.14.HOW LONG IS THE LEMONLAW WARRANTYPROTECTION?Miles at time ofPurchase or Lease18,001 to 36,00036,001 to 79,99980,000 to 100,00015.Duration ofWarranty (theearlier of:90 days or 4,000miles60 days or 3,000miles30 days or 1,000milesBrakes -- Master cylinder, vacuum assistbooster, wheel cylinders, hydraulic linesand fittings and disc brake calipers.Steering -- The steering gear housing and allinternal parts, power steering pump, valvebody, piston and rack.Radiator, Alternator, Generator, Starter,Ignition System (excluding battery).16.CAN A DEALER LIMITCOVERAGE OF THE LEMONLAW WARRANTY?Yes. The law permits a dealer to addlanguage to the lemon law warranty toexclude coverage for the following:(a)For a failure of a covered part causedby a lack of customary maintenance.(b)For a failure of a covered part causedby collision, abuse, negligence, theft,vandalism, fire or other casualty anddamage from the environment (windstorm,lightning, road hazards, etc.).WHAT PARTS ARE COVERED?Covered parts must include at least:Engine --All lubricated parts, water pump,fuel pump, manifolds, engine block,cylinder head, rotary engine housings andflywheel.Transmission -- The transmission case,internal parts, and the torque converter.Drive Axle -- Front and rear axle housingsand internal parts, axle shafts, propellershafts and universal joints.(c)If the odometer has been stopped oraltered such that the car's actual mileagecannot be readily determined, or if anycovered part has been altered such that acovered part was thereby caused to fail.(d)For maintenance services for theparts used in connection with such servicessuch as seals, gaskets, oil and grease unlessrequired in connection with the repair of acovered part.(e)For a motor tune-up.(f)For a failure resulting from racing or5
other competition.(g)For a failure caused by towing atrailer or another vehicle unless the used caris equipped for this as recommended by themanufacturer.(h)If the used car is used to carrypassengers for hire.law warranty setsobligations for dealers.If the used car is rented to someone(j)For repair of valves and/or rings tocorrect low compression and/or oilconsumption which are considered normalwear.(k)To the extent otherwise permitted bylaw, for property damage arising orallegedly arising out of the failure of acovered part.CAN YOUR RIGHTS UNDERTHE USED CAR LEMON LAWBE WAIVED?No. Any contract clause whichseeks to waive your rights under the UsedCar Lemon Law is void.20.CAN A DEALER GIVEADDITIONAL WARRANTYPROTECTION?Yes. A dealer may agree, as part ofthe sale or lease, to give you more warrantyprotection than the law requires. The lemon6SHOULD YOU CONTINUE TOMAKE YOUR PAYMENTSWHILE YOU ARE PURSUINGYOUR RIGHTS UNDER THELEMON LAW?Yes. Unless otherwise advised byyour lawyer, if the car is financed or leased,you should continue to make your monthlypayments. Failure to do so may result in arepossession which may lead to your beingunable to return the car to qualify for arefund under the law.21.18.WHAT SHOULD YOU DO IFYOU BECOME AWARE OF APROBLEM WITH YOUR USEDCAR?You should immediately report anymalfunction or defect of a covered part tothe dealer and request the necessary repairs.As long as you have notified the dealer of aproblem within the lemon law warrantyperiod, the warranty remains in effect.(l)To the extent otherwise permitted bylaw, for loss of the use of the used car, lossof time, inconvenience, commercial loss orconsequential damages.17.minimumThe dealer may offer to sell you anextended service contract which providesprotection beyond the lemon law warranty.The price of such extended service contractmay be negotiated with the dealer.19.(i)else.onlyDO REPAIR DAYS EXTENDTHE WARRANTY PERIOD?Yes. The lemon law warranty periodis extended for each day that the car is in theshop for repairs.
22.WHAT ARE YOUR RIGHTS IFTHE DEALER DOES NOTREPAIR THE CAR?If the dealer fails to repair theproblem after a reasonable period of time,and if the problem substantially impairs thevalue of the used car to you, the dealer mustaccept the return of the car and make arefund.23.DOES THE LAW SPECIFYWHAT CONSTITUTES A"REASONABLE PERIOD OFTIME" TO REPAIR THE CAR?Yes. It is presumed that the dealerhas had a reasonable opportunity to repair aproblem if, during the lemon law warrantyperiod, either: (a) the same problem hasbeen subject to repair three or more timesand the problem continues to exist at theend of the third repair attempt; or (b) the carwas out of service by reason of repair ormalfunction for a cumulative total of 15 ormore days for one or more problems.You, or the dealer, may rebut thispresumption by demonstrating that fewer, ormore, than three repair attempts or 15 daysout-of-service due to repairs, is reasonableunder the circumstances.24.HOW DO YOU CALCULATETHE 15 DAYS?When calculating the 15-day total,the days during which repairs could not becompleted due to the unavailability ofnecessary parts are not included. However,the dealer is required to exercise duediligence in attempting to get the necessaryparts and there is an absolute 45-day limit.25.CAN YOU STILL OBTAIN AREFUND OR A REPLACEMENTCAR IF THE DEFECT HASBEEN REPAIRED?Yes. You may still be entitled torelief under the law, provided all otherstatutory requirements are met, if a defectcontinued to exist at the end of the thirdrepair attempt, or if the car was out-ofservice for a total of at least 15 days,notwithstanding that the defect wassubsequently repaired.For example, your transmission wasdefective and the problem continued to existafter 15 days out-of-service due to repairsbut was finally repaired on the 18th day inthe repair shop. Nevertheless, since it wasnot repaired by the end of the 15th day, youhave met the presumption that the dealerhad a reasonable opportunity to correct thedefect and you may be entitled to relief.25.WHAT CONSTITUTES ASUBSTANTIAL IMPAIRMENTOF VALUE?It will depend on the facts in eachcase. In general, your complaint must beabout a serious problem. For example, adefect in the engine which makes the carinoperable is clearly substantial. Somecourts have found that the cumulative effectof numerous lesser defects may add up to asubstantial impairment of value.7
26.HOW CAN YOU PROVE YOUOWN A LEMON?You must be able to establish thenecessary repair attempts or days out-ofservice due to repairs. Therefore, it is veryimportant to keep careful records of allcomplaints, copies of all work orders, repairbills, correspondence, and telephone andemail communications. To help documentthe duration the car is out of service, it isadvisable to notify the dealer of any problemin writing.A dealer is required by Department ofMotor Vehicles (DMV) regulations toprovide a legible and accurate written workorder, upon your request, each time anyrepair work is performed on a car, includingwarranty work. You may contact the DMVin Albany at 518-474-8943 if you have aproblem in obtaining your repair orders.27.WHAT IS TO BE INCLUDED INTHE REFUND TO THECONSUMER?The refund must include the fullpurchase price. The dealer may deduct areasonable amount for any damage beyondnormal wear or use. An adjustment mayalso be made for any modification to the carwhich either increases or decreases itsmarket value. There is no deduction formileage. Other expenses or charges, suchas finance charges, rental and storagecharges, loss of use or loss of time, are notincluded.828.DOES A SUCCESSFULCONSUMER RECOVER SALESTAX?Yes. State and local sales taxes arerefunded directly by the New York StateCommissioner of Taxation and Finance whowill determine the appropriate amount to berefunded. You must complete and submitan "Application for Refund of State andLocal Sales Tax" (Form AU-11) to the NewYork State Department of Taxation andFinance, Central Office Audit Bureau Sales Tax, State Campus, Albany, NY12227. (This form may be obtained fromthe Commissioner of Taxation andFinance.)29.IF A TRADE-IN WASINVOLVED, HOW IS THEREFUND DETERMINED?The dealer need not include in therefund the value of the trade-in car as listedin the sales contract. The dealer can chooseeither to return any car traded-in by you atthe time of the sale or lease of the used car(together with a refund of whatever moneysyou paid), or, to include in your refund thewholesale value of the car when it wastraded-in. The wholesale value must bedetermined by referring to the "NADA UsedCar Guide".However, the New York StateDepartment of Motor Vehicles is authorizedto approve the use of an alternativeguidebook. An adjustment in the listedvalue may be taken for mileage,improvements or major defects that existedat the time of the trade-in.
30.MUST DEALERS NOTIFY YOUHOW TRADE-IN VALUES ARECALCULATED?Yes. Dealers must inform you, bymeans of a written notice, of the method ofcalculating the value of any trade-in carwhich is not returned to you. The noticemust be given at or before the time you signthe sales contract or lease. The notice maybe on the sales contract or lease or on aseparate sheet of paper. If it is on the salescontract or lease, it must be separated fromthe other contract provisions and headed bya conspicuous title.31.IF THE CAR IS FINANCED,HOW IS THE REFUNDDIVIDED?The refund by the dealer is the samewhether the car was financed or not.However, when the car is financed, insteadof the entire refund going to you, the refundis usually divided between you and thelender (the bank or finance company).Generally, the lender will calculate howmuch is still owed by you and apply therefund to that amount. The balance of therefund will then go to you.If, however, the amount you owe thelender is more than the refund from thedealer, the dealer must notify you in writing,by registered or certified mail, that you have30 days to pay the additional amount owedto the lender. The notice must also containa conspicuous warning that the failure topay the additional amount to the lenderwithin 30 days will terminate the dealer'sobligation to provide a refund.32.IF THE CAR WAS LEASED,HOW IS THE REFUNDCALCULATED?When the car is leased, the refunddue you consists of all payments madeunder the lease.33.IF THE CAR IS LEASED, DOESA DETERMINATION THATTHE CAR IS A LEMONTERMINATE THE LEASE?Yes. Once a determination has beenmade under the lemon law, either by a courtor an arbitrator, that a car is a lemon, thelease is terminated. As a result, no earlytermination penalties under the lease may becollected.34.CAN THE DEALER PROVIDEYOU WITH A REPLACEMENTCAR INSTEAD OF A REFUND?Yes, provided you are willing toaccept a replacement instead of a fullrefund. The decision to offer a replacementcar rests with the dealer and the decision toaccept or decline such an offer rests withyou. If the dealer offers a replacement carand you agree, you must negotiate betweenyourselves any adjustments in price.35.ARE THERE ANY EXCEPTIONSTO THE DEALER'S DUTY TOMAKE A REFUND OR OFFER AREPLACEMENT CAR?Yes. The dealer does not have tomake a refund (or provide a replacementcar) if: (a) the problem does notsubstantially impair the value of the car tothe consumer, or (b) the problem is the9
result of abuse, neglect or unreasonablealteration of the car.36.HOW CAN YOUR RIGHTSUNDER THE LEMON LAW BEENFORCED?You have the choice of eitherparticipating in an arbitration program orsuing the dealer directly in court. Anyaction or arbitration under the lemon lawmust be commenced within four years ofthe date of original delivery to you.37.IF YOU WIN IN COURT, CANYOU ALSO RECOVERATTORNEY'S FEES?Yes. The law authorizes the court toaward reasonable attorney's fees if you aresuccessful.38.WHAT IS AN ARBITRATIONPROCEEDING?An arbitration proceeding is muchless complicated, time consuming andexpensive than going to court.Thearbitration hearing is informal and strictrules of evidence do not apply. Arbitrators,rather than judges, listen to each side,review the evidence and render a decision.39.WHAT ARBITRATIONPROGRAMS ARE AVAILABLETO YOU IN NEW YORK?You may participate in the NewYork State Used Car Lemon LawArbitration Program (the "New YorkProgram"), provided by the Used CarLemon Law. The New York Program isadministered by the New York State10Dispute Resolution Association("NYSDRA") under regulations issued bythe Attorney General. (A copy of theregulations may be found in the back of thisbooklet.) Decisions under the New YorkProgram are binding on both parties.You may also choose to participatein any arbitration program established bythe auto dealer. Decisions under dealerprograms are not binding on you.Therefore, if you have gone through thedealer's program and are not satisfied withthe outcome, you may still apply forarbitration under the New York Program.However, any prior arbitration award maybe considered at any subsequent arbitrationhearing or court proceeding.If a dealer has established anarbitration procedure which complies withfederal regulations and New York’s UsedCar Lemon Law, the dealer may refuse toprovide a refund until you first participate insuch procedure or in the state-run arbitrationprogram.40.HOW DO YOU PARTICIPATEIN THE NEW YORKPROGRAM?You must first complete a "Requestfor Arbitration" form, which may beobtained from the Attorney General’swebsite, www.oag.state.ny. us, or from anyof the Attorney General's regional offices.(A list of the Attorney General's regionaloffices may be found at the end of thisbooklet). The completed form must bereturned to the Attorney General's Used CarLemon Law Arbitration Unit, New YorkState Attorney General’s Office, 28Liberty Street, New York, NY 10005.
41.HOW DOES THE NEW YORKPROGRAM OPERATE?The Attorney General's office willreview the “Request for Arbitration” formto determine whether your claim is eligibleunder the Used Car Lemon Law to be heardby an arbitrator. If accepted, the form willbe forwarded to the Administrator forprocessing. The Administrator will then askyou to pay the required filing fee. Uponreceiving the filing fee, the Administratorwill appoint an arbitrator and schedule ahearing to be held within 35 days.If rejected, the form will be returnedto you together with an explanation for therejection.A complete step-by-step descriptionof the New York Program may be foundlater in this booklet.42.WHO ARE THEARBITRATORS?The arbitrators are volunteers whohave been trained in the Used Car LemonLaw and in arbitration procedures by theAttorney General's Office and theAdministrator.43.ARE YOU ENTITLED TO ANORAL, IN PERSON, HEARING?Yes. You have an absolute right toan oral hearing. At an oral hearing, bothyou and the dealer's representative will havethe opportunity to present your side of thecase in person before an arbitrator.You may also elect to have a hearingon documents only by indicating thispreference on the "Request for Arbitration"form . In a "documents only" hearing, bothsides must present their positions in writing.If you request a "documents only" hearing,the dealer may object, in which case an oralhearing will be scheduled.44.CAN YOU REQUEST ANADJOURNMENT OF AHEARING?Yes. Either party may apply to thearbitrator, through the Administrator, for areasonable adjournment of the hearing date.Upon the finding of good cause, thearbitrator will reschedule the hearing.45.MAY A STENOGRAPHICRECORD OR TAPERECORDING BE MADE OFTHE HEARING?Both parties to the arbitration mayarrange, on their own, for a stenographicrecord or a tape recording of the hearing attheir own expense even if the other partyobjects. If a stenographer or tape recorderwill be used, reasonable prior notice,through the Administrator, must be given tothe other party.46.DO YOU NEED AN ATTORNEYFOR THE ARBITRATIONHEARING?No. The New York Program isdesigned to be accessible to you without theneed for an attorney. Both parties may usean attorney (some dealers are represented byan attorney) or any other person to assistyou if you so choose. However, the lawdoes not provide for recovery of attorneysfees for representation in an arbitrationproceeding.11
47.HOW SHOULD YOU PREPAREFOR THE HEARING?You should keep a copy of your"Request for Arbitration" form to use as aguide in preparing for the hearing. Theform contains much of the informationneeded at the hearing. In addition, you areadvised to:(a) Gather documents: Bring to thehearing records of everything pertaining tothe purchase and the problem, including acopy of the purchase contract (invoice), allcorrespondence, work orders, and warranty.necessary documents or other information.Either party may also request the arbitratorto subpoena documents or witnesses toappear at the hearing.For example, you may request thatthe dealer furnish a copy of missing workorders and the dealer may request that youproduce a copy of relevant tax informationto determine whether you took a deductionon your taxes for business use.A sample letter requestingdocuments may be found later in thisbooklet.49.(b) Organize records: Keep recordsin chronological order. This will serve as aguide in presenting the history of theproblem.MAY THE ARBITRATORDIRECT THAT THE CAR BEMADE AVAILABLE AT THEHEARING?(c) Prepare an outline: This will helpyou to present and remember relevantinformation.Yes. The arbitrator may direct youto make the car available, if possible, at thehearing. The arbitrator has the discretion toexamine or ride in the car in the presence ofboth parties.(d) Prepare questions to ask thedealer: This will assure that no importantquestion is omitted.50.(e) Arrange for witnesses:Thepresence of witnesses, especially carmechanics, or their sworn statements, ishelpful to document the problem.48.WHAT IF YOU DO NOT HAVEALL THE DOCUMENTS?Upon payment of the filing fee andanytime prior to the hearing, you or thedealer may make a written request to thearbitrator, through the Administrator, todirect the other party to provide any12HOW SHOULD YOU PRESENTYOUR CASE AT THEHEARING?At the hearing, you should presentyour case in a clear, organized and concisemanner. Consumers are advised to:(a)State the specific nature ofthe problem.(b)the dealer.State any conversations with(c)Describe and document eachrepair attempt.
(d)Describe and document anynew developments which may haveoccurred since the "Request for Arbitration"form was submitted.include the return of the filing fee. Also, ifyou settle the case any time before a decisionis rendered, you should seek to recover thefiling fee.(e)Offer proof of each point,especially those the dealer may dispute.54.(f)Present any witness that canprovide relevant information.(g)State the relief requested.(h)At the end of the presentation,briefly summarize the facts discussed.51.WHAT HAPPENS IF EITHERPARTY FAILS TO APPEAR ATTHE HEARING?Unless the hearing has been properlyrescheduled, if either the dealer or you failto appear at an oral hearing, the arbitratorwill nevertheless conduct the hearing andissue a decision based upon the evidencepresented and any documents contained inthe file.52.WHEN CAN YOU EXPECT ADECISION?You may expect a decision,generally, within 10 days of the hearing.Sometimes, however, the arbitrator requeststhat additional documents or information besubmitted, in which case the decision maybe delayed.53.WHEN MUST A DEALERCOMPLY WITH ANARBITRATOR'S DECISION?Within thirty days from the date younotify the dealer of your acceptance of thearbitrator’s decision. In most cases, thedealer should contact you within this periodto arrange for the return of the car inexchange for either a refund or areplacement car.Failure of the dealer to complywithin this time period entitles you torecover an additional 25 for each businessday of noncompliance, up to 500. If thedealer does not voluntarily pay anyapplicable penalty, you may sue to recoverthis penalty in Small Claims Court.However, this deadline and penalty are notapplicable where you have requested aparticular replacement car or otherwisemade compliance impossible.55.HOW IS A RETURN OF THECAR IMPLEMENTED?The common procedure is to haveboth parties -- you and the dealer -- meet atan agreed time and place to execute thenecessary papers to exchange the car for arefund or replacement.CAN YOU RECOVER THEFILING FEE?Yes. If you are successful, thearbitrator's decision in your favor must13
58.56.WHAT HAPPENS IF THEDEALER DOES NOT COMPLYWITH THE ARBITRATOR'SAWARD?If the dealer does not comply, youcan enforce the arbitrator's decision throughthe courts by bringing an action to confirmthe award. This action must be commencedwithin one year of receipt of the decision.You should consult a private attorney if youwish to pursue this remedy. If you are successful, the Court will convert thearbitrator's award into a court judgment andmay award you reasonable attorney's fees.The court may also award reasonableattorney's fees incurred to enforce thecollection of the award.57.WHAT OTHER REMEDIESARE THERE IF THE DEALERFAILS TO HONOR THEAWARD?You may complain to the Departmentof Motor Vehicles. If the DMV determinesthat the dealer deliberately failed to pay theaward which was not stayed or appealed,within 60 days, it may revoke, suspend orrefuse to renew a dealer's registration. TheAdministrator now sends out a notice to theparties with each award issued in favor of theconsumer that advises the parties of thisremedy.The Bureau of Consumer and FacilityServices of the New York State Departmentof Motor Vehicles, P.O. Box 2700-EmpireState Plaza, Albany, NY 12220-0700, isauthorized to take appropriate enforcementaction.14UNDER WHAT CIRCUMSTANCES CAN ANARBITRATOR'S DECISION BEMODIFIED?The grounds for modification are verylimited. Generally, awards may be modifiedonly to correct a miscalculation or a technicalmistake in the award. For example, amodification may be requested where thefiling fee was omitted from the refund.59.WHEN MUST A REQUEST FORMODIFICATION BE MADE?Either party may seek a modificationby the arbitrator of the award by writtenapplication to the Administrator within 20days of receiving the award. The other partywill be given the opportunity to object to themodification. The arbitrator must rule on allsuch requests within 30 days after the requestis received. To modify an award after 20days, an application to a court may benecessary.60.CAN AN ARBITRATOR'SDECISION BE CHALLENGED?Either party may commence a lawsuitto challenge an arbitrator's award within 90days of receipt of the award. However, thegrounds for such challenges are limited bylaw. Generally, the courts will uphold anarbitrator's award if it is supported byevidence and is grounded in reason.Reasonable attorneys fees may be awardedby the court if you are successful inchallenging or defending an arbitrationaward.
61.WHAT ROLE WILL THEATTORNEY GENERAL'SOFFICE OR THEADMINISTRATOR PLAY IF ANAWARD IS CHALLENGED INCOURT?Neither the Attorney General's Officenor the Administrator is authorized torepresent an individual consumer in such achallenge; this is the responsibility of yourown attorney. The role of the Administratorends when the arbitrator's award is sent to theparties.62.63.You must be given a written, conspicuous disclosure statement by the dealerreading:IMPORTANT: THIS VEHICLEWAS RETURNED TO THEMANUFACTURER ORDEALER BECAUSE IT DIDNOT CONFORM TO ITSWARRANTY AND THEDEFECT OR CONDITIONWAS NOT FIXED WITHIN AREASONABLE TIME ASPROVIDED BY NEW YORKLAW.DOES THE LEMON LAWLIMIT ANY OF THE OTHERLEGAL REMEDIES ALREADYAVAILABLE TO YOU?No. The Used Car Lemon Law addsto your arsenal of existing legal remedies.These legal remedies can be explained byyour attorney.The most important of these remediesis the warranty of serviceability (Vehicle andTraffic Law, section 417). This warrantycannot be waived by the buyer. No car can besold by a dealer to you "as is." The warrantyof serviceability requires the dealer to certifyto you that the car is in condition and repairto render, under normal use, satisfactory andadequate service at the time of delivery.HOW ARE YOU PROTECTEDWHEN BUYING A USED CARPREVIOUSLY REPURCHASEDUNDER THE LEMON LAW?This disclosure must also be printedon the car's certificate of title by the NewYork State Department of Motor Vehicles.64.WHERE CAN YOU GET HELPOR FURTHER INFORMATIONREGARDING THE LEMONLAW?A consumer may contact any of theoffices of Attorney General Andrew M.Cuomo listed at the end of this booklet orconsult a lawyer for further information.Inaddition, specified safety equipmentmust be in good working order. If the dealerfails to honor this duty, complain to theDepartment of Motor Vehicles, Division ofVehicle Safety Services, Empire State Plaza,Albany, NY 12228.15
SAMPLE REQUEST FOR DOCUMENTSYour NameAddressCity, State, ZipNew York State Dispute Resolution Association[Fill in Specific Dispute Center's address]Attention: Arbitrator [fill in name]Re:Lemon Law Arbitration #Request for DocumentsDear Arbitrator:Pursuant to section 300.9 of the New York Lemon Law Arbitration Regulations, I amrequesting that you direct the dealer to obtain and forward to the Case Administra
New York's Used Car Lemon Law: A Guide for Consumers CONTENTS Lemon Law for Used Cars Questions and Answers ! 3 Using the New York State Arbitration Program ! 18 The Used Car Lemon Law --General Business Law §198-b ! 21 Arbitration Program Regulations ! 30 Offices of the Attorney General ! 38File Size: 302KBPage Count: 37Explore furtherUsed Car Lemon Law Fact Sheet New York State Attorney .ag.ny.govNew Car Lemon Law Fact Sheet New York State Attorney Generalag.ny.govUsed Car Lemon Law Bill of Rights - Attorney General of .ag.ny.govNew York Lemon Laws DMV.ORGwww.dmv.orgLemon Law New York State Attorney Generalag.ny.govRecommended to you b