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New York Lemon Law Questions & Answers
1 Answer | Asked in Consumer Law, Lemon Law and Arbitration / Mediation Law for New York on
Q: Can I file both a Lemon Law complaint and a Vehicle Safety Complaint in the state of NY?

I purchased a used vehicle from a dealer in early 2023. Immediately it started to present numerous mechanical issues, and in fact was not in my possession for five months as it was shuffled between three separate repair shops. I filed a Lemon Law Complaint through the NYS Attorney General in July... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The key words I notice are "settled out of court" which means there was some sort of payment to you (as you did not have your vehicle replaced by the manufacturer as you may have been entitled) in exchange for some sort of release. The terms of that release are the crux of you civil... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Lemon Law for New York on
Q: What can we do about a baby hedgehog purchased from a dealer in CT, which died five days later? Necropsy showed abnormal

Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?

Benjamin Z. Katz
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answered on Feb 1, 2021

You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.

3 Answers | Asked in Lemon Law for New York on
Q: I've been scammed on facebook market what should I do?

A person sold me a terrible car claiming it drives good and was a good a to b car, on the way home the car started overheating and stopped and smoked in the middle of the highway, I called and texted him and he blocked me, later that night I went on facebook and seen that he knew the car engine was... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 22, 2020

I would need to know more detail about the car and your agreement when you bought the car. You cannot get the guy arrested based on the facts you present. The woman you spoke to at the house doesn’t dictate whether you can sue. You don’t need to wait a year. Again, I would need more details... View More

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1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
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answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: Car repossessed. Possible lemon law issue.

My Wife had our car at a mechanic shop. The seller of the car tried to take the car from their property. The mechanic shop said stay off their property. The seller went back late at night and took the car. We stopped paying for the car because we found out that the car couldn’t pass inspection.... View More

Jonathan David Warner
Jonathan David Warner
answered on Jul 16, 2020

Part of a Lemon Law claim is owning the car, which means continuing to pay for it. If you seek to file a Lemon Law claim, you'll need to catch up on your car payments before you can get it back.

You might want to contact an attorney who focuses on Lemon Law to help you sort this issue...
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1 Answer | Asked in Arbitration / Mediation Law, Contracts, Consumer Law and Lemon Law for New York on
Q: Dell sold me a 5k defective laptop and downgraded its hardware, can I get around their mandatory arbitration agreement?

Dell knows they sold me a 5k lemon that never worked because both graphics cards were never recognized, and it was missing a blu ray burner that I paid for and I have the documentation, e-mails, phone calls and tracking numbers to prove it. Dell know that instead of repairing my computer in June... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

IMPO, the arbitration clause in the contract is valid regardless of how bad the laptop was when Dell sold it to you--or how many terrible things Dell has done since--or how much proof you have against Dell.

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New York on
Q: I was recently given an auto loan for more than what was discussed and agreed.

The agreement was that "as long as I payoff the car loan within the first few months of the financed loan, the payoff price would be $7000" but if the loan wasn't paid within that time period the loan would be $11,500 (as it is right now). I signed the agreement after being told... View More

Michael David Siegel
Michael David Siegel
answered on Feb 16, 2019

Not against the bank, but maybe against the dealer depending on the evidence you have on the tape.

2 Answers | Asked in Civil Litigation, Products Liability and Lemon Law for New York on
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.

Ali Shahrestani,
Ali Shahrestani,
answered on May 6, 2017

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/... View More

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1 Answer | Asked in Products Liability and Lemon Law for New York on
Q: I purchased a used car form a used dealership how do I go about getting my money back?

I recently purchased a used car from a used car dealership for $11,400 and the transmission went 2 weeks later and at the time of purchase there was 125000 miles on it . There is a warranty on it but they aren't trying to pay for the expenses because they are trying to say I exceeded the 1000... View More

Barry E. Janay
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answered on Apr 18, 2017

You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.

It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some...
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3 Answers | Asked in Civil Litigation and Lemon Law for New York on
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... View More

Michael David Siegel
Michael David Siegel
answered on Feb 16, 2017

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

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1 Answer | Asked in Contracts and Lemon Law for New York on
Q: I bought from toyta dealership it was certified preowened and I went to trade it in and was told it was in a accident

the dealer said it was never in an accident and the car fax says different the car was 23000 and is now worth 8000 so I owe 18000 on a car that's not worth that what do I do please help

Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

The problem is if it was in an accident and wasn't totaled, generally that is, to carfax a depreciation. Did the dealer give you the carfax report? You may have a claim under state law. If you are trading it in at the dealer that sold it then they should give you the value with no markdown as... View More

1 Answer | Asked in Lemon Law for New York on
Q: Hi. what should i do if lawyer is not responding to my calls?

Hi. I had a car that was deemed a lemon. My lawyer charged me 500 dollars out of pocket and also received payment from chrysler. while my car was in the shop i paid out of pocket for 3 rental cars. I had an open case with chrysler. when they sad the car was finally fixed which turns out it... View More

Paula J. Mcgill
Paula J. Mcgill
answered on Jul 14, 2016

You can always write him, lay out what happened and advise him, if he cannot explain everything that happened and why he has not returned your calls, you will file a complaint against him with the NY Court. I cannot provide a direct link for you to click. However, I have provided a link you can... View More

Q: Will I loose my car if I go to court?

Me and my friend both a car together. I put $10,000 money down but we are both on the loan. I am the co-buyer and he is the primary buyer. The title, Registration and Insurance is under my name. Car was just purchased. He said he will call the bank and have them resend the title and registration to... View More

Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

This isn't a car accidents question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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