How many repair attempts qualify for lemon law in New York?

New York generally requires 4 repair attempts for the same defect (or fewer for serious safety defects), or the vehicle being out of service for 30 or more cumulative days.

How long does New York lemon law coverage last?

New York lemon law covers vehicles within 2 years or 18,000 miles from the date of original delivery, whichever comes first.

Does New York lemon law apply to private party car sales?

Lemon laws in nearly all states apply only to sales from dealers or manufacturers — not private party (person-to-person) sales. Private party sales are generally buyer beware. Your only recourse for a private sale is fraud (if the seller concealed a known defect) or any express warranty the seller made in writing.

What remedy does New York lemon law provide?

A successful lemon law claim typically results in either a full refund of the purchase price (minus a reasonable mileage offset for your use of the vehicle) or a replacement vehicle of the same make and model. The manufacturer must also cover incidental costs like towing, rental cars, and in many states your attorney fees.

Can I still sell a lemon car with a bill of sale?

Yes, but you must disclose the vehicle's lemon status. In most states, selling a repurchased lemon requires a "Lemon Law Buyback" title brand. A bill of sale should include a disclosure stating the vehicle was returned under lemon law. Concealing this is fraud.

New York Lemon Law Guide

Buyer rights, coverage thresholds, and how to file a claim in New York.

2 yr

Coverage Period

18,000

Miles

Repair Attempts

Days Out of Service

What New York Lemon Law Covers

New cars, new motorcycles (effective September 1, 2004), new motorhomes, new wheelchairs, and new self-propelled farm equipment covered by NY General Business Law (GBL) § 198-a. Vehicle must have been purchased, leased, or transferred to the consumer within the first 18,000 miles or 2 years from the date of original delivery (whichever comes first) and must be used primarily for personal, family, or household purposes. It must have been bought, leased, or transferred in New York state, or currently be registered there. Off-road vehicles (snowmobiles, ATVs) are excluded. Motorhomes are covered except for defects in residential systems (plumbing, flooring, roof, furnace, generator, non-automotive electrical, side-entrance doors, exterior compartments, non-windshield windows); motorhomes require a special two-attempt or 21-day written notice to the manufacturer before additional repair attempts count toward the lemon-law threshold. Business-owned vehicles qualify if used primarily for personal purposes more than half the time.. The law protects buyers when a vehicle has a substantial defect that the manufacturer cannot repair after a reasonable number of attempts.

Used Car Coverage in New York

Yes. New York GBL § 198-b (the Used Car Lemon Law) provides a separate statutory warranty for used cars purchased from a dealer with fewer than 100,000 miles on them, at a price of at least $1,500, where the car is at least two years old and used primarily for personal purposes. Private sales are excluded. Warranty duration is tiered by mileage at purchase: 90 days or 4,000 miles (18,001–36,000 miles at purchase); 60 days or 3,000 miles (36,001–79,999 miles); 30 days or 1,000 miles (80,000–100,000 miles). Only named mechanical components are covered — engine (lubricated parts, water pump, fuel pump, manifolds, block, cylinder head, rotary-engine housings, flywheel), transmission (case, internal parts, torque converter), drive axle (housings, internal parts, axle shafts, propeller shafts, universal joints), brakes (master cylinder, vacuum booster, wheel cylinders, hydraulic lines, disc calipers), steering (gear housing, internal parts, power steering pump, valve body, piston, rack), and other parts (radiator, alternator, generator, starter, ignition system excluding battery). Tires, battery, and body panels are not covered. The dealer must attempt to repair a covered defect at least three times, or the car must be out of service for at least 15 days, before a refund is owed. Used motorcycles are also covered under § 198-b effective September 1, 2004; motor homes, off-road vehicles, and vehicles registered as 'classic' under NY Vehicle and Traffic Law § 401 are not.

Qualifying Criteria

To qualify under New York lemon law, a vehicle must meet at least one of the following thresholds within the coverage window:

Criterion	New York Threshold
Same defect repair attempts	4 attempts
Out-of-service days (cumulative)	30 days
Coverage window — time	2 years from original delivery
Coverage window — mileage	18,000 miles

State note: 1. New York has both a new-car lemon law (GBL § 198-a) and a separate used-car lemon law (GBL § 198-b), placing it among a small number of states with statutory used-car protection. 2. Refund mileage deduction formula (new car): (odometer miles − 12,000) × purchase price ÷ 100,000. No deduction for the first 12,000 miles of use. 3. Once a vehicle is judicially or arbitrally confirmed as a lemon, any lease terminates immediately without early-termination penalty. 4. State and local sales tax paid on the vehicle is refunded separately — the consumer files Form AU-11 with the NY Department of Taxation and Finance within 3 years of receiving the manufacturer's refund. 5. Resale of a previously returned lemon requires a conspicuous written disclosure statement to the new buyer and a notation on the certificate of title. 6. Motorhomes require a special prior-notice step: after two failed repair attempts or 21 days out of service, the consumer must notify the manufacturer by certified mail, return receipt requested; only repair attempts and downtime occurring after proper notice count toward the three-attempt / 30-day threshold for motorhomes. 7. The 30-day out-of-service trigger is confirmed as calendar days by the GBL § 198-a statute text embedded in the NY AG New Car Lemon Law guide, which reads 'a cumulative total of thirty or more calendar days.' The 15-day used-car trigger (GBL § 198-b) is stated as 'days' in OAG materials without the calendar qualifier; the statute text for § 198-b was inaccessible (nysenate.gov returned HTTP 403). 8. Safety-defect lower repair-attempt threshold: no reduced attempt count for safety defects was mentioned in any accessible source; existence of such a provision could not be confirmed or ruled out because the full § 198-b statute text was not readable.

Arbitration and Dispute Resolution

New York does not require arbitration before filing a lawsuit, but it can be faster and cheaper.

Arbitration is optional, not a prerequisite to suing. The Office of the New York State Attorney General (OAG) administers a state lemon law arbitration program for both new and used vehicles. After OAG determines eligibility, arbitration is conducted by the New York State Dispute Resolution Association (NYSDRA) through local Community Dispute Resolution Centers (CDRCs) in all 62 counties, as part of the NY Unified Court System's Alternative Dispute Resolution program. Filing fee is $250 for new cars and $120 for used cars. Hearings are typically in-person; documents-only hearings are available only if the manufacturer agrees. The arbitrator must render a decision within five days of the hearing (or 40 days if additional documents are needed). The arbitration decision is binding on both parties, subject to a limited right to seek court review within 90 days of receiving the decision (CPLR § 7511). If the consumer accepts the decision, the manufacturer or dealer must comply within 30 days; noncompliance triggers a daily penalty of $25–$500. Consumers may also bypass arbitration and sue directly in court. Contact: nyag.lemonlaw@ag.ny.gov or 1-800-771-7755.

How to File a Lemon Law Claim in New York

1
Document every repair attempt
Keep all repair orders with dates, mileage, and defect descriptions. You need written proof the same issue was reported and repaired multiple times.
2
Track out-of-service days
Record every day the vehicle was at the dealer for repairs. A cumulative total of 30 or more days can independently qualify the vehicle.
3
Send written notice to the manufacturer
Mail a certified letter to the manufacturer (not the dealer) describing the unresolved defect and requesting a final repair opportunity.
4
Use the dispute resolution program
Arbitration is optional, not a prerequisite to suing. The Office of the New York State Attorney General (OAG) administers a state lemon law arbitration program for both new and used vehicles. After OAG determines eligibility, arbitration is conducted by the New York State Dispute Resolution Association (NYSDRA) through local Community Dispute Resolution Centers (CDRCs) in all 62 counties, as part of the NY Unified Court System's Alternative Dispute Resolution program. Filing fee is $250 for new cars and $120 for used cars. Hearings are typically in-person; documents-only hearings are available only if the manufacturer agrees. The arbitrator must render a decision within five days of the hearing (or 40 days if additional documents are needed). The arbitration decision is binding on both parties, subject to a limited right to seek court review within 90 days of receiving the decision (CPLR § 7511). If the consumer accepts the decision, the manufacturer or dealer must comply within 30 days; noncompliance triggers a daily penalty of $25–$500. Consumers may also bypass arbitration and sue directly in court. Contact: nyag.lemonlaw@ag.ny.gov or 1-800-771-7755.
5
File with the state agency or court
Contact the Office of the New York State Attorney General — Lemon Law Unit or file in New York civil court. Bring all repair orders, purchase documents, and correspondence.
6
Collect your remedy
A successful claim results in a full refund or replacement vehicle. The manufacturer pays attorney fees in most states.

Lemon Law and Bill of Sale

If your vehicle was repurchased under lemon law, the title will carry a "Lemon Law Buyback" brand in most states. When selling this vehicle, you must disclose the lemon history on the bill of sale and title. Hiding this information is fraud.

Buyers seeing a "Lemon Law Buyback" brand on a title should expect a significant price reduction and obtain a full mechanical inspection before purchasing.

New York Lemon Law — FAQ

Does New York lemon law cover used cars?: Yes. New York GBL § 198-b (the Used Car Lemon Law) provides a separate statutory warranty for used cars purchased from a dealer with fewer than 100,000 miles on them, at a price of at least $1,500, where the car is at least two years old and used primarily for personal purposes. Private sales are excluded. Warranty duration is tiered by mileage at purchase: 90 days or 4,000 miles (18,001–36,000 miles at purchase); 60 days or 3,000 miles (36,001–79,999 miles); 30 days or 1,000 miles (80,000–100,000 miles). Only named mechanical components are covered — engine (lubricated parts, water pump, fuel pump, manifolds, block, cylinder head, rotary-engine housings, flywheel), transmission (case, internal parts, torque converter), drive axle (housings, internal parts, axle shafts, propeller shafts, universal joints), brakes (master cylinder, vacuum booster, wheel cylinders, hydraulic lines, disc calipers), steering (gear housing, internal parts, power steering pump, valve body, piston, rack), and other parts (radiator, alternator, generator, starter, ignition system excluding battery). Tires, battery, and body panels are not covered. The dealer must attempt to repair a covered defect at least three times, or the car must be out of service for at least 15 days, before a refund is owed. Used motorcycles are also covered under § 198-b effective September 1, 2004; motor homes, off-road vehicles, and vehicles registered as 'classic' under NY Vehicle and Traffic Law § 401 are not.
How many repair attempts qualify in New York?: 4 repair attempts for the same defect, or the vehicle being out of service for 30+ cumulative days within the coverage period.
Does private party sale trigger lemon law?: No. Lemon laws in virtually all states apply only to purchases from dealers or manufacturers. Private party sales are buyer beware.
What remedy can I get?: A full refund (purchase price minus mileage offset) or a replacement vehicle. The manufacturer must also cover incidental costs and attorney fees in most states.

Official Resource

Office of the New York State Attorney General — Lemon Law Unit →

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