New York Lemon Law

New York’s lemon law is closer to California’s lawsuit-driven model than to Florida’s or Texas’s administrative frameworks. The New Car Lemon Law (New York General Business Law § 198-a) is enforced either through state court litigation or through the New York Attorney General’s voluntary arbitration program — at the consumer’s choice. Critically, GBL § 198-a(l) provides statutory attorney-fee shifting in court actions, making New York one of the few states (alongside California) with fee-shifting built directly into the lemon law itself.

New York also has a separate Used Car Lemon Law at GBL § 198-b, which provides distinct protections for buyers of used vehicles from dealers — a feature most other states don’t have.

This page is the hub for our New York coverage. Use the topic guides for deeper reading:

• The Law — New Car Lemon Law (§ 198-a), Used Car Lemon Law (§ 198-b), GBL § 349 (Consumer Protection Act), Magnuson-Moss, and statute of limitations.
• The Process — How a New York lemon-law case moves through written notice, the AG’s arbitration program, court action, mediation, and settlement.
• Remedies — Refund, replacement, cash-and-keep, GBL § 349 damages, and statutory attorney-fee recovery under § 198-a(l).
• Qualifying Defects — Transmission, engine, brake, electrical, EV, and other defect categories.
• Vehicle Types — Used vehicles, leases, EVs, motorcycles, RVs, and commercial vehicles.
• Manufacturers — Common case patterns by brand in the New York market.
• FAQ — Common questions about New York lemon-law claims.

Who’s protected

New York’s New Car Lemon Law covers:

• New motor vehicles sold or leased in New York for personal, family, or household use.
• Demonstrators sold under new-vehicle warranties.
• Used vehicles within the original warranty period — through GBL § 198-a’s “lessee or transferee” provisions.

The separate Used Car Lemon Law (§ 198-b) covers dealer-sold used vehicles with mileage- and age-based dealer warranties (typically 30/60/90 days based on the vehicle’s mileage at sale).

The 2-year / 18,000-mile window

New York’s eligibility for the New Car Lemon Law is gated by 2 years from delivery OR 18,000 miles, whichever comes first. Within this window, the consumer can pursue refund or replacement.

For used vehicles under § 198-b, the warranty period is dealer-issued and runs 30-90 days from purchase based on mileage tier.

The “reasonable number of attempts” test

GBL § 198-a creates a presumption when, within the 2-year / 18,000-mile window:

• Four or more repair attempts for the same nonconformity; OR
• 30 or more cumulative days out of service for repair.

For each test, the consumer must give the manufacturer written notice by certified mail and a final opportunity to repair. See our repair-attempt presumption article.

What you can recover

A successful New York Lemon Law case typically produces:

• Refund — purchase price, taxes, fees, financing charges, minus reasonable use deduction.
• Replacement — comparable new vehicle.
• Attorney fees under GBL § 198-a(l) — statutory recovery for the prevailing consumer.
• Costs of the action.

In parallel civil-court actions under GBL § 349 (Consumer Protection Act) and Magnuson-Moss, additional damages and fees are available.

The Attorney General arbitration program

New York is one of the few states with a state-administered Lemon Law arbitration program run by the New York Attorney General’s office. The program is voluntary for the consumer — you can choose arbitration or proceed directly to court. The program is faster and cheaper than litigation but more limited in remedies (no attorney fees through arbitration).

See our AG arbitration article for the framework.

What to do next

If you think you might have a New York lemon:

1. Document everything. Keep every repair order. See our evidence guide.
2. Stay within the 2-year / 18,000-mile window. Don’t let the statute run out.
3. Send written notice by certified mail to the manufacturer per GBL § 198-a(d). See how to file a claim.
4. Decide between AG arbitration or court action — see our process articles.
5. Get a free case review from a New York lemon-law attorney before accepting any settlement.

Explore New York lemon law

Topic

The Law: New York Lemon Law and Consumer Protection

The statutes behind a New York lemon-law claim — GBL § 198-a (New Car), § 198-b (Used Car), § 349 (Consumer Protection Act), Magnuson-Moss, and timing rules.

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The New York Lemon Law Process

Step-by-step: how a New York lemon-law case moves from documented repair attempts through written notice, the AG arbitration program or court action, and settlement.

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New York Lemon Law Remedies

What you can recover under New York's lemon-law framework — refund, replacement, cash-and-keep settlements, GBL § 349 damages, and statutory attorney-fee recovery under § 198-a(l).

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Qualifying Defects Under New York Lemon Law

What kinds of vehicle defects qualify for a New York Lemon Law refund — the substantial-impairment test under GBL § 198-a and common defect categories.

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Vehicle Types Covered by New York Lemon Law

How New York's Lemon Law applies to used cars, leases, EVs, motorcycles, RVs, and commercial vehicles. New York has a separate Used Car Lemon Law § 198-b — unique among major states.

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New York Lemon Law Cases by Manufacturer

How the New York Lemon Law and GBL § 349 apply to specific manufacturers — characteristic defect patterns, TSB histories, and settlement dynamics.

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New York Lemon Law — Frequently Asked Questions

Quick answers to the most-asked questions about New York's Lemon Law: when is a car a lemon, do you need a lawyer, how much does it cost, what about used cars, and more.

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