NEW YORK STATE LEMON LAW GUIDE
The New York lemon law allows a consumer to
obtain a repurchase of a defective vehicle. Here is an overview of the
requirements of the New York lemon law:
keywords, New York lemon law, used car fraud, New York lemon law guide, lemon, deceptive practice, New York lemon law guide.
Requirements
1. Number of Repairs The New York lemon law requires (1) the same nonconformity, or condition has been subject to
repair four or more times by the manufacturer or its dealers within the first
18,000 miles of operation
or two years following delivery. These issues arise.
A. Can you bring a claim beyond the mileage limits of the statute.
The lemon law speaks of a presumption; can you file a claim beyond the statutory
limits but not use the presumption. You can file a claim on other grounds
- breach of warranty- without meeting the mileage limits.
B. What is
the Same Problem Four repairs of
the same problems is required. Clever manufacturer will argue that a
condition involves two or three different problems so that the same problems was
not repaired four times.
2. Seriousness The problem must
substantially impair the use, value, or safety of the vehicle.
3 Damages Permitted The statute speaks of a repurchase. The statute is not clear about whether attorney's fees are recoverable in an attorney general arbitration. It appears that that other damages are not allowed such as loss of time from work, punitive damages, or mental injury. A consumer may choose to file a claim under other laws to assert those types of claims.
4. Mileage Offset An offset for miles over 12,000 is provided in the lemon law. The formula is purchase price x mileage over 12,000 divided by 100,000. Note that in a settlement, consumers may agree to a different formula to resolve the matter.
5. Presumption While the statute talks of a presumption, frequently that means little and the consumer has the burden of proof to show the necessary number of repairs and the seriousness of the problem.
6. Forum Many consumers utilize the attorney general arbitration forum. A consumer may also file a claim in court.
Typical Manufacturer Defenses Under the New York Lemon Law
Consumers do not win every case and skillful manufacturers may succeed with various defenses. Manufacturers representatives may handle lemon law defenses on an ongoing basis perhaps dealing with 40 to 50 cases per year, and an experienced representative familiar with the workings and specifications of the vehicle may be quite skillful in minimizing a problem and defeating a claim. Here are some typical defense.
1. Not the Same problem Manufacturer sometimes present technical arguments suggesting there are two or more conditions present on a series of repairs, rather than the same problem occurring 4 times.
2. The Problem has been Corrected There has been ongoing discussion about whether a claim can be presented if the problem was corrected. Manufacturer sometimes argue the problem has been or occasionally can be corrected.
3. The car is working within specifications. Lemon laws are subjective processes, the claim must be objectively shown. Manufacturers sometimes present detailed specifications, usually unknown to consumers, and explain how the car is working within those, even those a problem is claimed. Frequently the specifications do not encompass the specific problem.
4. Owner abuse or modification As soon as it is learned that the owner put in a radio, did an oil change or changed the vehicle in any way, a manufacturer may attribute subsequent problems to that.
keywords New York lemon law, claim, law New York State lemon law, claims, defect, problem, New York state lemon law.
Law Offices of Howard A. Gutman,
1259 Route 46, Parsippany, New Jersey 07054
(973) 257-9400, E-mail Howian@aol.com
Fax (973)257-9128
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838
keywords New York lemon law, claim, law New York State lemon law, claims.
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.
NEW YORK LEMON LAW LINKS
New York State
(New York state
lemon law statutes)
lemon law information
New York lemon law guide
New York Used
Car Disclosure Law
failure
to disclose prior lemon law history
New York State consumer
protection laws
New York lemon
law statute
ODOMETER ROLLBACKS AND FRAUD
Odometer fraud,
(odometer rollback information, used car lemon
law issues)
Federal odometer statute
Consumer fraud
list of dealers
Information on Vehicle Problems
Consumer Report list of problem
cars
Consumer
Reports least reliable
list of problematic vehicles
Chrysler
Chrysler Suspension problem
Ford
Ford Focus
stalling
Ford Focus
Ford Taurus Sable
Land Rover
problems
Ford F250 F350 oil
leaks
Lincoln Navigator
New Jersey lemon law Ford Frontier
General Motors
Pontiac coolant
Chevrolet
Equinox problems
Hummer Problems
Kia
Kia brake
decisions (lemon law decisions involving Kia Sephia vehicles)
Kia brake problems
Kia Sorrento problems
Nissan
Nissan brake class action
Nissan Quest lemon
Nissan Titan brake
defects
Nissan Armada brake
problems
Nissan Tire
Feathering problem defect and lemon
New Jersey lemon law decision Nissan Maxima
Mazda
Mazda defects
Mercedes Benz
Mercedes
Benz settlement procedures
Toyota
Toyota Avalon Transmission problems
Toyota Avalon
Problems
Volkswagen
Volkswagen
Touareg brake problems,
Volkswagen Touareg
electrical problems
Volkswagen Touareg
Volkswagen Touareg
transmission problems
Volkswagen Touareg
Hesitation problem
Volkswagen Passat
Volkswagen Passat engine failure
Volkswagen oil consumption
Volkswagen Ignition Coil
Problems
Other Manufacturers
Subaru Baja
Daewoo claims
Isuzu problems
Recreational Vehicles (RV)
Volvo Stalling problems and
recall
Automobile recalls
LEMON LAW DECISIONS
2002 Land Rover lemon law decisions
2003 Land-Rover
lemon law decisions
LEMON LAW AND BOATS
Boats and the lemon
law
Boat repair regulations
LEGAL ISSUES
testimony
on diminished value
sale of
vehicle before trial.
CONSTRUCTION AND WARRANTY CLAIMS
Construction defects
condominium defects in new construction
FRANCHISE CLAIMS
Franchise disclosure and fraud
uniform
franchise offering circular
OTHER TYPES OF FRAUD
New Jersey consumer fraud act regulations
other frauds
computer law Sears auto
fraud
OTHER CLAIMS
Wheelchair lemon law
written opinion under Wheelchair lemon law
New Jersey leasing statute
consumer law
computer virus law
New
Jersey punitive damages statute
OTHER SITES
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QUALIFICATIONS AND EXPERIENCE OF
THIS LAW OFFICE
Howard A. Gutman has successfully handled over 200 lemon law and automobile breach of warranty cases. He is the author of the leading article on the lemon law published in the New Jersey Law Journal. He also wrote the Year 2000 Legal Handbook, a book dealing with computer warranties, and is considered a leading authority on all types of warranties.
Prior to establishing his practice, Mr. Gutman was employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
230 Route 206 (near Routes 80 and 46)
Mount Olive, New Jersey 07836
Directions to our office
(973) 598-1980,
E-mail Howian@aol.com
Fax (973)209-4091
New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838 (please call our NJ
office for initial consultations)
FREE INITIAL CONSULTATION
We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.
WHAT WE OFFER THAT OTHERS DON'T
keywords, New York lemon law, used car fraud, New York lemon law guide, lemon, deceptive practice, New York lemon law guide.