Consumer Protection · Lemon Law
Lemon Law in New York
How many repair attempts and days out of service before New York presumes your vehicle is a lemon — and whether used cars are covered.
presumption trigger (same defect)
Do I meet the New York lemon presumption?
Enter your repairs and downtime. This checks the presumption — it is not a legal verdict.
This checklist is educational, not a legal verdict. Every state writes these numbers as a rebuttable presumption: hitting them shifts the burden to the manufacturer, and the manufacturer can still rebut it. Keep every repair order, send any required written notice, and consult a lawyer about your specific facts. This is legal information, not legal advice.
How the presumption works in New York
The prongs that shift the burden to the manufacturer.
New York has no smaller safety count for cars; the used-car law (§198-b) is the real differentiator — a dealer must give a mileage-tiered written warranty on qualifying used vehicles.
Every state — New York included — writes these thresholds as a rebuttable presumption. Reaching them shifts the burden onto the manufacturer to prove your vehicle is not a lemon; it does not mean you automatically win. You may also qualify with fewer attempts if a "reasonable number" of repairs is shown some other way, and the manufacturer can rebut the presumption. This is legal information, not legal advice.
Used cars & leased vehicles
Which of the three coverage categories New York falls in.
| Odometer at sale | Minimum dealer warranty |
|---|---|
| More than 18,000 up to 36,000 miles | 90 days or 4,000 miles |
| More than 36,000 and under 80,000 miles | 60 days or 3,000 miles |
| 80,000 up to 100,000 miles | 30 days or 1,000 miles |
| Over 100,000 miles | Not covered |
The full picture, with the source
Every figure, and where it comes from.
| Same-defect attempts | 4 |
| Serious-safety attempts | No separate safety count |
| Days out of service | 30 calendar days |
| Coverage window | 2 years or 18,000 miles from delivery (whichever comes first) |
| Used cars | Used-car lemon law |
| Leased vehicles | Covered |
| Statute | N.Y. Gen. Bus. Law §198-a (new vehicles) |
What New York car buyers get wrong
New York is one of only three states — with New Jersey and Massachusetts — that has a real used-car lemon law, and that is what sets it apart. For new cars, General Business Law §198-a presumes a lemon after 4 repair attempts on the same defect or 30 days out of service within 2 years or 18,000 miles; those numbers shift the burden to the manufacturer rather than deciding the case. But the used-car statute, §198-b, is the one worth knowing: it forces dealers to give a written warranty on qualifying used vehicles, with the coverage period stepping down as mileage rises — 90 days or 4,000 miles under 36,000 miles, tapering to 30 days or 1,000 miles near 100,000 miles, and no coverage above 100,000 miles at sale. A used car qualifies after 3 repair attempts or 15 days out of service, and 45 days out of service forces a refund.
Common questions
How many repair attempts is a lemon in New York?
For a new car, New York presumes a lemon after 4 attempts on the same defect or 30 days out of service, within 2 years or 18,000 miles. That is a rebuttable presumption that shifts the burden to the manufacturer.
Does New York have a used-car lemon law?
Yes. GBL §198-b is a genuine used-car lemon law. It requires dealers to give a mileage-tiered written warranty, qualifies after 3 repair attempts or 15 days out of service, and forces a refund at 45 days out of service. Cars over 100,000 miles at sale are not covered.
How long does the New York used-car warranty last?
It steps down by mileage: 90 days or 4,000 miles for cars over 18,000 up to 36,000 miles; 60 days or 3,000 miles up to 80,000 miles; and 30 days or 1,000 miles from 80,000 to 100,000 miles.
Are leased vehicles covered under New York’s lemon law?
Yes. The lemon law protects lessees, and a refund is apportioned between the lessee and lessor. Used leased vehicles can also fall under §198-b.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.