The Lemon Law May Not Protect You
If you’re shopping for a hybrid or electric vehicle (EV) in New York, there’s something you need to know: the state’s Lemon Law hasn’t kept up with the times—and it could cost you thousands.
Most consumers believe the Lemon Law protects them if their used car breaks down shortly after purchase. And that’s true—to a point.
🔍 What Does New York’s Used Car Lemon Law Actually Cover?
Under General Business Law §198-b, if you buy a used car from a licensed dealer and it has less than 100,000 miles, the dealer is legally required to give you a limited warranty. The duration depends on the mileage:
- Under 36,000 miles → 90 days or 4,000 miles
- 36,000 to 79,999 miles → 60 days or 3,000 miles
- 80,000 to 100,000 miles → 30 days or 1,000 miles
That warranty must cover the following systems:
- Engine
- Transmission
- Drive Axles
- Brakes
- Radiator
- Steering
- Electrical system (starter, alternator, ignition—but not the battery)
🚫 But Here’s the Problem for EV and Hybrid Buyers
The law was written with gas-powered cars in mind—and hasn’t been updated to reflect the way electric and hybrid vehicles are built.
Let’s break it down:
- EVs don’t have a traditional transmission. Instead, they use gear reduction units to manage power from the electric motor. That’s not listed in the law—and dealers may argue it’s not covered.
- The battery—an EV’s most expensive component—is excluded from warranty coverage. EV battery replacements typically cost between $5,000 and $15,000, and hybrids aren’t far behind.
In short, the most expensive and essential parts of an electric or hybrid vehicle may be left completely unprotected by the law that’s supposed to safeguard consumers.
🏛️ Why Hasn’t the Law Changed?
The answer is simple but frustrating: The law hasn’t caught up with the technology.
While more New Yorkers are buying EVs and hybrids than ever before, the Lemon Law hasn’t been revised in decades. Industry lobbyists—particularly car dealers—have little incentive to expand their warranty obligations, and the legislative process moves slowly.
So even as the auto market evolves, consumer protection is stuck in the gasoline age.
✅ What Can You Do?
If you’re considering buying a used electric or hybrid vehicle in New York:
- Get clarity on what’s covered. Ask the dealer specifically whether EV components like the battery and gear unit are included in the warranty—and get it in writing.
- Consider a third-party extended warranty, but read the terms carefully.
- Keep detailed records. If something breaks down shortly after purchase, documentation will be crucial.
- Consult an attorney who focuses on Lemon Law or auto fraud if the dealer refuses to cover major repairs.
⚠️ Bottom Line
New York’s used car Lemon Law offers solid protections—if you’re buying a gas-powered vehicle. But for buyers of hybrids and EVs, the law is outdated and incomplete.
Until the law is modernized to reflect the electric future, consumers need to be extra cautious, ask the right questions, and know where to turn if something goes wrong.
🧑💼 Need Help With a Used EV Problem?
If your dealer won’t honor a repair—or you’re not sure if your vehicle qualifies for Lemon Law protection—talk to a consumer attorney who understands the modern car market. You may have more rights than the dealer is letting on.
