If you’ve purchased a new or used car in New York and it’s giving you constant problems, you may be protected under New York’s lemon laws. Whether you’re dealing with a defective new vehicle or have questions about a used car warranty fraud case, a lemon law attorney in New York can help. This guide explains the differences between General Business Law (GBL) § 198-a and § 198-b, and what to look for before buying a car.
New Car Lemon Law (GBL § 198-a)
The New Car Lemon Law applies to new vehicles purchased or registered in New York. If your new car has a defect that substantially impairs its use, value, or safety, and the manufacturer cannot repair it after a reasonable number of attempts, you may be entitled to a refund or replacement.
Used Car Lemon Law (GBL § 198-b)
The Used Car Lemon Law protects consumers who buy used vehicles from licensed dealers in New York. It provides specific warranty durations based on the mileage at the time of purchase, covering essential components like the engine and transmission.
New York’s two important lemon laws protect consumers who purchase defective vehicles: General Business Law (GBL) § 198-a (New Car Lemon Law) and GBL § 198-b (Used Car Lemon Law). Although both laws aim to protect buyers, they differ in terms of who they apply to, how long the warranties last, and how long you have to bring a claim. Here’s a side-by-side comparison to help you understand the key differences.
| Feature | GBL § 198-a (New Cars) | GBL § 198-b (Used Cars) |
| Vehicle Type | New | Used |
| Who Must Comply | Manufacturer | Dealer |
| Warranty Period | 2 years or 18,000 miles (whichever comes first) | 30–90 days or 1,000–4,000 miles, depending on mileage at sale |
| Time to Bring a Claim | 4 years from delivery date | Shorter of 6 years or the warranty coverage period |
| Remedy for Defect | Refund or replacement vehicle | Refund or replacement vehicle |
| Presumption of Failure to Repair in a reasonable time | 4 or more attempts, or 30+ cumulative days out of service | 3 or more attempts, or 15+ cumulative days out of service |
| Covered Systems | Any defect that substantially impairs use, value, or safety | Specific list: engine, transmission, radiator, etc. |
Tips for Car Buyers in New York
To avoid falling victim to used car warranty fraud or other deceptive practices, New York consumers should take the following precautions:
– Review all warranty documents before purchase
– Keep detailed repair records
– Check the vehicle’s history report
– Never buy a used car sold “as-is” from a dealer
– Get a pre-purchase inspection by a qualified mechanic
– Act quickly—lemon law claims are time-sensitive
If you think you’ve been sold a lemon, don’t wait. Contact a trusted lemon law attorney in New York to explore your legal rights. At Kasell Law Firm, we help consumers fight back against auto fraud and recover the compensation they deserve.
Visit our website or call us for a free consultation. Whether you’re dealing with a manufacturer defect or used car warranty fraud, you don’t have to handle it alone.
