Are Used Vehicles Covered by New York Lemon Law?
New York has TWO statutes covering used vehicles: § 198-a (within original warranty) and § 198-b (separate Used Car Lemon Law with mileage-tiered dealer warranty).
Yes — New York’s used-vehicle protection is among the most comprehensive in the country. Two statutes apply:
Two parallel coverage paths
Path 1: New Car Lemon Law (§ 198-a)
Applies when:
- The original manufacturer’s warranty is still active, AND
- The vehicle is within 24 months of original delivery (and under 18,000 miles).
Full New Car Lemon Law remedies — refund or replacement, § 198-a(l) attorney fees, § 349 damages — apply.
Path 2: Used Car Lemon Law (§ 198-b)
Provides dealer-issued statutory warranties tiered by mileage:
| Mileage at sale | Warranty period |
|---|---|
| Less than 36,001 miles | 90 days or 4,000 miles |
| 36,001 to 79,999 miles | 60 days or 3,000 miles |
| 80,000 to 100,000 miles | 30 days or 1,000 miles |
| Over 100,000 miles | No statutory warranty |
The dealer must provide written warranty terms at sale.
See our detailed used vehicles article.
Comprehensive coverage
This dual coverage is unique to New York — no other major lemon-law state provides comparable used-vehicle protections.
What’s covered under § 198-b
- Engine
- Transmission
- Drive axle
- Brakes
- Steering
- Suspension
- Electrical system
- Fuel system
- Cooling system
- Air conditioning
What’s NOT covered
- Maintenance items (oil, filters).
- Wear items (tires, brake pads).
- Cosmetic items.
- Damage from accidents, modifications, misuse.
CPO vehicles
NY doesn’t have a CPO-specific statute. CPO vehicles get:
- § 198-a if within original warranty AND the 2-year / 18,000-mile window.
- § 198-b dealer-issued mileage-tiered warranty.
- Manufacturer’s CPO warranty under Magnuson-Moss.
- § 349 misrepresentation claims for inadequate CPO inspection.
”As-is” sales and § 198-b
Dealers cannot disclaim the § 198-b statutory warranty for used vehicles within the mileage tiers. For vehicles over 100,000 miles, dealers can sell as-is, but § 349 still applies to misrepresentation.
What you should do
- Determine your mileage tier at sale.
- Confirm the dealer-issued statutory warranty period.
- Pull all repair orders.
- Get a free case review — both § 198-a and § 198-b cases settle reliably.
Related
Do I Need a Lawyer for a New York Lemon Law Claim?
New York AG arbitration can be self-represented. But for cases involving § 349 exposure, attorney representation under § 198-a(l) fee-shifting typically produces materially better outcomes.
Read → ArticleHow Long Do I Have to File a New York Lemon Law Claim?
New York's four-statute framework provides different deadlines: § 198-a's 2-year / 18,000-mile window, § 198-b's dealer-issued period, § 349's 3-year limit, and Magnuson-Moss's 4-year period.
Read → ArticleHow Much Does a New York Lemon Law Case Cost?
NY AG arbitration is $250. Court action filing fees ~$400. With attorney representation, attorney fees are paid by the manufacturer through § 198-a(l) and § 349.
Read → ArticleThe Manufacturer Denied My Claim in New York — What Now?
A manufacturer's denial doesn't end your NY Lemon Law options. § 198-a, § 349, and Magnuson-Moss provide independent paths to recovery.
Read → ArticleWhen Is a Car a 'Lemon' in New York?
New York Lemon Law defines a lemon as a vehicle with a substantial defect that the manufacturer can't repair after a reasonable number of attempts.
Read → ArticleDoes It Matter Which Repair Shop I Use in New York?
For NY Lemon Law purposes, only authorized manufacturer dealer repairs count toward § 198-a(d) thresholds.
Read →Think you've got a lemon?
Compare your situation to your state's requirements — and connect with a vetted lemon-law attorney for a free case review.