Engine Defects in New York Lemon Law Cases
Engine defects — stalling, misfires, excessive oil consumption, head-gasket failures — qualify for New York Lemon Law refund under § 198-a.
Engine defects routinely satisfy New York’s substantial-impairment test under § 198-a(a)(2). Engines that stall, misfire, consume oil excessively, or fail catastrophically clearly impair use, value, and safety.
Common engine defect categories
Intermittent stalling
Engine cuts out, sometimes at highway speeds. Safety-critical → strong § 349 exposure.
Misfires
Rough idle, hesitation under load, check-engine lights.
Excessive oil consumption
Common in Subaru FB-series, Honda 1.5L turbo, BMW N20. See Subaru article and Honda article.
Manufacturers often require “oil consumption tests” with multiple measurement visits — each counts as a repair attempt.
Head-gasket failures
Common in Subaru EJ-series and Hyundai/Kia engines.
Theta II engine failures (Hyundai/Kia)
Hyundai/Kia 2.0L and 2.4L engines (2011-2019) — extensive NY cases. See Hyundai and Kia.
Timing-chain stretch / failure
BMW N20, Audi 2.0T, Ford EcoBoost, certain Honda V6.
Diagnostic challenges
Engine defects can be hard to reproduce. Strategies:
- Record video.
- Note specific conditions.
- Request multi-day diagnostic holds.
- Get diagnostic codes.
§ 349 willfulness exposure
Engine cases frequently involve manufacturer TSBs and recalls. Documented manufacturer knowledge supports § 349 damages and attorney fees in civil court.
What you should do
- Pull every repair order.
- Document oil-consumption test results.
- Save TSBs the dealer mentioned.
- Check NHTSA recalls for your VIN.
- Send § 198-a(d) notice.
- Choose path — AG arbitration or court action.
- Get a free case review.
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Read →Think you've got a lemon?
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