Saturday, October 17, 2009

New York Lemon Law

What is New York Lemon Law?

If you buy, lease or transfer a car or motor home, new or used, and it develops serious defects that cannot be fixed by the manufacturer you can get even with the dealer or manufacturer under a law called New York Lemon Law regardless of the warranty clause or waiver signed by you. What defects qualify for redress?

New York Lemon Law takes up and determines all major defects i.e. engine trouble, transmission problem, wobbles, stalling, starting trouble, leaks, rattles etc, except the normal wear tear. What the law requires? · That your car should be registered with New York State and covered with warranty. · That serious defects must have developed within first 18,000 miles or two years from the date of original delivery, which ever is earlier. · That even after four or more repaires for the same defects the problem has not been solved completely. · That it remained at the workshop for a period of 30 cumulative calendar days. · That driving such a car is fraught with danger to your life. · That the car was for personal use. · That due to the defects the value of the has diminished. · That you have not made any alterations in the car. · That you have performed your contractual obligations. · That the dealer or the manufacturer refused to carry out repairs.

How to initiate an action? Within 4 years of original purchase, you must fill up a Request for Arbitration form available at the Attorney Generals Regional office enclosing all documents, relevant bills, correspondence, job work records etc. If the request is tenable, you would be required to deposit the request fees. You can go directly to court but arbitration is cheaper and convenient. You can also opt for mediation with dealers/manufacturers under the rules framed by Federal Trade Commission.

You may go for an oral hearing in presence of your mechanic or seek justice on the basis of the document disclosed. Verdict, which is appealable, is out within 10 days of the final hearing. It is best to appoint a qualified Attorney to pursue your case as from time to time new notifications are issued by the government in the matter. Lawyers' fees are payable by the Dealer/Manufacturers and consultations are free. Available Remedies In case you win, New York Lemon Law entitles you to the price of the car plus all payments made by you including Government fees and levies minus the deductions allowed by the judge depending upon the demerits of your case.

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