When Is a Car a 'Lemon' in New York?

The short answer: a vehicle becomes a “lemon” under the New York Lemon Law when the manufacturer has had a reasonable number of attempts to repair a substantial defect and has failed to do so — within the 2-year / 18,000-mile window from original delivery.

The legal test

Under GBL § 198-a, a vehicle qualifies for refund or replacement when:

• The manufacturer or its authorized dealer is unable to repair the vehicle’s nonconformity within a reasonable number of attempts.
• The defect substantially impairs the use, value, or safety.
• The buyer purchased or leased the vehicle for personal, family, or household use.
• The dispute is brought within 2 years or 18,000 miles from original delivery.

What counts as a “substantial” defect

The substantial-impairment test is satisfied when the defect affects use, value, or safety. Any one prong is enough.

Common qualifying defects:

• Transmission failures.
• Engine problems.
• Brake issues.
• Electrical and software defects.
• EV-specific issues.

What counts as a “reasonable number of attempts”

GBL § 198-a(d) creates a presumption when:

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

For each test, the consumer must give the manufacturer written notice and an opportunity to cure.

The 2-year / 18,000-mile window

This is critical. The window ends at the earlier of:

• 2 years from original delivery, OR
• 18,000 miles on the odometer.

If past either threshold, the § 198-a Lemon Law is closed (though § 349 and Magnuson-Moss remain available in civil court).

How do I know if my car qualifies?

The clearest indicators:

• You’ve taken it in for repair four or more times for the same defect, and it persists.
• The vehicle has been out of service for 30+ days during the warranty period.
• The manufacturer has been offering goodwill payments.
• You’re within the 2-year / 18,000-mile window.

Get a free case review for a definitive answer.

What about used vehicles?

New York has a separate Used Car Lemon Law (§ 198-b) for dealer-sold used vehicles with mileage-tiered statutory warranties. See used vehicles article.

What if you’re past the window?

§ 349 (3-year limit) and Magnuson-Moss (4-year limit) may still apply.

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For NY Lemon Law purposes, only authorized manufacturer dealer repairs count toward § 198-a(d) thresholds.

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