NYS Lemon Law FAQ
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NYS Lemon Law FAQ
WHAT SHOULD CONSUMERS DO IF THEY BECOME AWARE OF A PROBLEM WITH THEIR CAR?
The consumer should immediately report any defect or "condition" either directly to the manufacturer or to its authorized dealer. A "condition" is a general problem, such as a difficulty in starting, repeated stalling, or a malfunctioning transmission, that can result from a defect of one or more parts. If the consumer reports the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days. Under the law, notice to the dealer is considered notice to the manufacturer. Unless otherwise advised by their lawyer, consumers should continue to make their monthly payments if the car is financed or leased. Failure to do so may result in a repossession which may adversely affect a consumer's lemon law rights.
WHAT SHOULD A CONSUMER DO IF THE DEALER REFUSES TO MAKE REPAIRS?
If the dealer refuses to make repairs within seven days of receiving notice from the consumer, the consumer should immediately notify the manufacturer in writing, by certified mail, return receipt requested, of the car's problem and that the dealer has refused to make repairs. A sample notice to the manufacturer may be found in this book.
WHAT MUST THE MANUFACTURER DO UPON RECEIPT OF THE CONSUMER'S NOTICE OF THE DEALER'S REFUSAL TO MAKE REPAIRS?
The manufacturer or its authorized dealer must commence repairs within 20 days from receipt of the consumer's notice of the dealer's refusal to make repairs.
WHAT ARE A CONSUMER'S RIGHTS IF THE MANUFACTURER DOES NOT MEET ITS DUTY TO REPAIR?
If the problem is not repaired after a reasonable number of attempts, or the manufacturer or the dealer refuses to commence repairs within 20 days from the manufacturer's receipt of the "refusal to repair" notice from the consumer, and if the problem substantially impairs the value of the car to the consumer, the manufac- turer, at the consumer's option, must either refund the full purchase or lease price, or offer a comparable replacement car.
DOES THE LAW SPECIFY THE NUMBER OF REQUIRED REPAIR ATTEMPTS?
It is presumed that there have been a reasonable number of attempts to repair a problem if, during the first 18,000 miles of operation or two years from the original delivery date, whichever comes first, either: (1) the same problem has been subject to repair four or more times and the problem continues to exist; or (2) the car is out of service by reason of repair of one or more problems for a cumulative total of 30 or more calendar days and the problem continues to exist.
The consumer should immediately report any defect or "condition" either directly to the manufacturer or to its authorized dealer. A "condition" is a general problem, such as a difficulty in starting, repeated stalling, or a malfunctioning transmission, that can result from a defect of one or more parts. If the consumer reports the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days. Under the law, notice to the dealer is considered notice to the manufacturer. Unless otherwise advised by their lawyer, consumers should continue to make their monthly payments if the car is financed or leased. Failure to do so may result in a repossession which may adversely affect a consumer's lemon law rights.
WHAT SHOULD A CONSUMER DO IF THE DEALER REFUSES TO MAKE REPAIRS?
If the dealer refuses to make repairs within seven days of receiving notice from the consumer, the consumer should immediately notify the manufacturer in writing, by certified mail, return receipt requested, of the car's problem and that the dealer has refused to make repairs. A sample notice to the manufacturer may be found in this book.
WHAT MUST THE MANUFACTURER DO UPON RECEIPT OF THE CONSUMER'S NOTICE OF THE DEALER'S REFUSAL TO MAKE REPAIRS?
The manufacturer or its authorized dealer must commence repairs within 20 days from receipt of the consumer's notice of the dealer's refusal to make repairs.
WHAT ARE A CONSUMER'S RIGHTS IF THE MANUFACTURER DOES NOT MEET ITS DUTY TO REPAIR?
If the problem is not repaired after a reasonable number of attempts, or the manufacturer or the dealer refuses to commence repairs within 20 days from the manufacturer's receipt of the "refusal to repair" notice from the consumer, and if the problem substantially impairs the value of the car to the consumer, the manufac- turer, at the consumer's option, must either refund the full purchase or lease price, or offer a comparable replacement car.
DOES THE LAW SPECIFY THE NUMBER OF REQUIRED REPAIR ATTEMPTS?
It is presumed that there have been a reasonable number of attempts to repair a problem if, during the first 18,000 miles of operation or two years from the original delivery date, whichever comes first, either: (1) the same problem has been subject to repair four or more times and the problem continues to exist; or (2) the car is out of service by reason of repair of one or more problems for a cumulative total of 30 or more calendar days and the problem continues to exist.
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John A
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May 19, 2004 03:10 AM
