In the state of New York only certain motor vehicles can qualify for
lemon standards. These include motor vehicles that have been leased,
transferred, registered, or purchased in the state of New York.
Motorcycles and off-road vehicles are excluded from lemon eligibility.
Some states only allow motor vehicles to be eligible while still under
the manufacturer's express warranty. New York also allows motor
vehicles that have fewer than eighteen thousand miles and only two
years since their date of purchase, whichever event occurs first. All
defects are required to either alter the market value of the vehicle or
impede the safety of the passengers.
Qualification
The mileage of a vehicle may also dictate whether or not a motor
vehicle qualifies as a lemon. Prior to qualifying all motor vehicles
must have their mileage deduction formula calculated. This is the miles
that are over the twelve thousand-mile mark divided by one hundred
thousand miles.
Despite other beliefs the manufacturer's express warranty plays a main
role in whether or not a vehicle will qualify as a lemon. A request is
required to be sent to the manufacturer, agent, or dealer stating the
defect and include the number of repair attempts. Within seven days of
being received the manufacturer, agent, or dealer is required by law to
amend the nonconformity to the motor vehicle. The consumer will not be
charged for this service. All repairs, however, are required to take
place prior to the two-year expiration date since the purchasing of the
motor vehicle.
If the manufacturer, agent, or dealer declines to attempt a repair on
the defect within the outlined seven days, the consumer may then
forward the mail via certified mail. The dealer, agent, or manufacturer
then has twenty days from the second referral to repair the motor
vehicle. Within these twenty days if the manufacturer, agent, or dealer
has not begun repair on the defect, the consumer may then demand a
replacement vehicle or refund.
Refund
When a refund is required the manufacturer, agent, or dealer is
required to refund the entire original price of the motor vehicle as
well as any addition fees, including licensing fees, registration fees,
taxes, and government fees. The mileage deduction formula may eliminate
a portion of the fees refunded or if there are more damages than normal
wearing would include.
Replacement
If the manufacturer, dealer, or agent complies with a repair request
but is unable to repair the defect to the standard factory status, the
manufacturer, dealer, or agent is required to replace the motor
vehicle. The motor vehicle must meet all the subsections of the New
York Lemon Law before a replacement will be administered.
While attempting the repair, if the motor vehicle is damaged beyond
market value, a replacement is required. A replacement vehicle will be
of the same make and model as the lemon vehicle or a motor vehicle of
the same market value. If the consumer does not desire a replacement
vehicle, the manufacturer, agent, or dealer is required to offer refund
for the vehicle. All refunds of fees are required, including
government, licensing, and registration fees.