Little Falls, NY asked in Civil Litigation, Products Liability and Lemon Law for New York

Q: I bought a car from a dealership 3 months and they sold it to me with a ton of problems. Can they buy it back?

I want them to buy my car back because it's been in the garage more than I've had it and this time the garage can't figure out what is wrong with it they've tried everything they can and I don't want to keep paying for a car I can't even drive.

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

A: Is it a new or used car? Was there a warranty with the car? 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, www.AEesq.com. 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
  • Products Liability Lawyer
  • New York, NY
  • Licensed in New York

A: Check your Lemon Law (details copy and pasted below, taken from here: https://ag.ny.gov/consumer-frauds/used-car-lemon-law-fact-sheet):

Used Car Lemon Law Fact Sheet

The Used Car Lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.

Cars Covered by the Used Car Lemon Law Include any car that:

was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND

was purchased or leased from a New York dealer; AND

had a purchase price or lease value of at least $1,500; AND

has been driven less than 100,000 miles at the time of purchase/lease; AND

is used primarily for personal purposes.

Statutory Warranty Length:

Miles of Operation Duration of Warranty (the earlier of)

18,001-36,000 miles 90 days or 4,000 miles

36,001-79,999 miles 60 days or 3,000 miles

80,000-100,000 miles 30 days or 1,000 miles

Warranty Requirements:

Auto dealers are required by law to provide you a written warranty to covers the following parts:

Engine:

lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.

Transmission:

the transmission case, internal parts, and the torque converter.

Drive Axle:

the front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints.

Brakes:

master cylinder, vacuum assist booster wheel cylinders, hydraulic lines and fittings and disc brake calipers.

Steering:

the steering gear housing and all internal parts, power steering pump, valve body, piston and rack

Other Parts:

Radiator, Alternator, Generator, Starter, and Ignition System (excluding battery)

A Dealer's Duty to Repair: A reasonable chance for an auto dealer to repair a problem for a used car is considered to be:

three or more repair attempts and the problem continues to exist; OR

the car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).

Exceptions When an Auto Dealer May Not Be Required to Provide a Refund:

the problem does not substantially impair the value of the car to the consumer; OR

the problem is a result of abuse, neglect or unauthorized alteration of the car.

What consumers should do if they become aware of a problem with the car:

immediately report any malfunction or defect of a covered part to the dealer and request the necessary repairs. If the consumer has notified the dealer of a problem within the warranty period, the dealer must make the repair even if the warranty has subsequently expired.

keep careful records of all complaints and copies of all work orders, repair bills and correspondence.

Individuals with questions about their rights under the Used Car Lemon Law are encouraged to contact the Attorney General's consumer help line at (800) 771-7755 or go to usedcarlemon.pdf.

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