If you’ve purchased a car—new or used—and it’s spending more time in the repair shop than on the road, you may be protected under New York’s powerful Lemon Law statutes. At Kasell Law Firm, we represent car buyers who’ve been taken for a ride by dealers or manufacturers that sell defective vehicles and fail to fix them in a timely manner.
Fortunately, New York law recognizes that consumers shouldn’t have to prove the obvious. That’s where the presumption built into the Lemon Law becomes a powerful tool.
What Is the Lemon Law Presumption?
Both New York’s New Car and Used Car Lemon Laws require the seller to repair defects “within a reasonable period of time.” But what is “reasonable”?
The law answers that question with a legal presumption:
• Used Car Lemon Law: If your used vehicle is out of service for 15 or more cumulative days during the Lemon Law warranty period due to repairs, it is presumed that the dealer had a reasonable opportunity to fix it and failed.
• New Car Lemon Law: If your new vehicle is out of service for 30 or more cumulative days during the manufacturer’s warranty period, it is presumed that the manufacturer had a reasonable opportunity to repair the car and failed.
This shifts the burden of proof. Once you, the consumer, show that the car has been out of service long enough, the dealer or manufacturer—not you—must prove that one of the limited legal defenses applies.
Two Defenses—And They’re Hard to Prove
After the presumption kicks in, the burden shifts to the dealer or manufacturer to prove one of only two defenses:
1. The defect does not substantially impair the vehicle’s value to you, the consumer; or
2. The problem was caused by abuse, neglect, or unauthorized modifications on your part.
These defenses are narrowly construed—and in our experience, often difficult for the dealer or manufacturer to prove.
Why This Matters for You
Many car buyers walk away from defective vehicle claims because they believe they have to “prove” the car is a lemon. But under New York law, once your car has been out of service for the threshold number of days, the law is on your side.
At Kasell Law Firm, we know how to use this presumption to your advantage. Whether you bought a used car from a local dealer or a new vehicle from a franchised manufacturer, we’ll help you enforce your rights and pursue the remedies you deserve—whether that’s a refund, replacement, or damages.
Think Your Car Might Be a Lemon?
Call us today for a free consultation. Let a top-rated lemon law attorney in New York review your case. You may be entitled to compensation under the law—and the burden is on them to prove otherwise.
