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Generated 4:01:00 on Oct 22, 2019
Is my car a case for lemon law? What cars qualify for lemon law?
Question: I've had so many problems with my new car. Can I return it according to the Lemon Law?
Answer: In the state of New York, the law covers both new and used cars, including demonstrators, which satisfy all of the following four conditions:
- 1. The car was covered by the manufacturer's new car warranty at the time of original delivery
- 2. The car was purchased, leased or transferred within the earlier of the first 18,000 miles or two years from the date of original delivery
- 3. The car either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State
- 4. The car is primarily used for personal purposes.
Note: the car may be owned by a business, but if it is primarily used for personal/ family purposes, it is protected by the New York State Lemon Law. Driving to/ from work is a personal use. Business use has to be less than 50%.
The be eligble the car has to be either purchased in New York State or registered in New York State. It has to have been in the shop 4 times or cumulatively 30 calendar days and the problem has to be still there after these 4 attempts/ 30 days.
If you bought your car with dealer financing, you have to continue to make your payments while you try to return the vehicle until the case is settled. If you stop making your payments you may face a repossession and then be unable to qualify for return / refund covered by the Lemon Law.
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