US-New York

What rights do I have under New York's Lemon Law for a defective new car?

4 attempts
Repair attempts allowed
30 days
Out-of-service time
2 years
Warranty period
18,000 mi
Mileage limit
The Short Answer

If your new car in New York has a substantial defect covered by the manufacturer’s warranty that cannot be fixed after a reasonable number of attempts, you may be entitled to a replacement vehicle or full refund under the Lemon Law.

What the Law Says

New York’s Lemon Law (General Business Law Article 21-B) protects consumers who buy or lease new motor vehicles with serious defects that the manufacturer or its authorized dealers cannot fix after a reasonable number of attempts.

The law applies to new cars, trucks, motorcycles, and vans purchased or leased in New York and covered by the manufacturer’s express warranty. It does not cover used vehicles unless they are still under the original new-vehicle warranty.

A 'substantial defect' is one that significantly impairs the vehicle’s use, value, or safety — such as brake failure, steering problems, or repeated engine stalling. Cosmetic or minor issues generally do not qualify.

To qualify, the defect must occur during the warranty period (2 years or 18,000 miles, whichever comes first), and the consumer must report it to the manufacturer or dealer within that time. The manufacturer then gets a 'reasonable opportunity' to repair it — defined by law as either 4 or more repair attempts for the same problem, or 30 or more cumulative business days out of service for repairs.

Statutory Text

A 'lemon' means a motor vehicle which has a nonconformity that substantially impairs the use, value or safety of the motor vehicle and which cannot be corrected after a reasonable number of attempts.

N.Y. Gen. Bus. Law § 198-b(2)(e) — Definitions
Statutory Text

A reasonable number of attempts shall be deemed to have been undertaken if… the same nonconformity has been subject to repair four or more times… or the motor vehicle is out of service by reason of repair for a cumulative total of thirty or more business days.

N.Y. Gen. Bus. Law § 198-b(2)(f) — Reasonable number of attempts
Statutory Text

The warranty period shall be for a period of two years or eighteen thousand miles, whichever occurs first, measured from the date of original delivery to the consumer.

N.Y. Gen. Bus. Law § 198-b(2)(c) — Warranty period

What to Do

1

Keep detailed records: dates of repairs, descriptions of defects, names of service advisors, and copies of all work orders and invoices.

2

Notify the manufacturer in writing (certified mail) that the vehicle is a lemon and demand a replacement or refund — do this before the warranty expires or within 30 days after it ends.

3

If the manufacturer refuses, file a claim with the New York State Attorney General’s Lemon Law Arbitration Program — free and required before suing.

4

If arbitration fails or you reject the decision, you may sue in court within 4 years of the original delivery date.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.