New York, NY asked in Civil Litigation and Lemon Law for New York

Q: New York car dealer refusing to repair car transmission despite having dealer warranty. Can Lemon Law apply? Refund?

Purchased used Fiat from Audi of Huntington in Long Island, New York. Came with a 90-days warranty. Transmission and suspension issues were conveyed to the dealer manager a week after purchase. These issues impair the value of the vehicle and are serious mechanical problems. Manager agreed to take in vehicle for repairs more then a month after conveying problem. The manager contacted me after saying the vehicles has been repaired and is ready (was in service for 13 days). Within the 1st minute of inspecting the vehicle, on their premises, I show the dealer manager that the transmission problem is still there (grinding when engaging reverse/ difficulty selecting gear). The manager ACKNOWLEDGED that there is a problem when hearing the grinding and seeing first hand. I told the manager the problem has not been fixed you must fix the problem. The manager's response was "I did everything I could" and "I am not responsible to fix your vehicle". Does Lemon Law apply? How can I get my refund?

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3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Yes the Lemon Law applies. They are required to fix the car. Document your request. Copy Audi headquarters.

1 user found this answer helpful

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in New York

A: See: https://ag.ny.gov/consumer-frauds/used-car-lemon-law-fact-sheet

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Barry Eran Janay
Barry Eran Janay
Answered
  • New York, NY
  • Licensed in New York

A: NY Lemon law would apply depending on the mileage on the car.

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