States

New York lemon law: when a new car is a lemon

What N.Y. Gen. Bus. Law § 198-a (new) and § 198-b (used) asks before a manufacturer must repurchase or replace a car, the steps on the way and the last day to act.

Does your car meet the New York lemon law tests?

Defect that could cause death or serious injury?
Written notice already sent to the manufacturer?
Your warranty (default 3 years or 36,000 miles)

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New York, November 5, 2026 read on the official state page

Not yet: one more repair attempt

Protection period2 years or 18,000 miles, whichever comes first: until January 5, 2028 or 18,000 miles. You are inside it.
Repair attempts, same defectNot met: needs 4, you have 3
Days out of serviceNot met: needs 30 calendar days, you have 12
NoticeReport each defect to the manufacturer or its dealer; a dealer must notify the manufacturer in writing within 7 days.
Dispute stepAttorney General’s Lemon Law Arbitration Program (requests to the Lemon Law Unit).

Tests as written in the law; a court or arbitrator decides. N.Y. Gen. Bus. Law § 198-a (new) and § 198-b (used) · New York Attorney General

The New York lemon law in detail

New York’s new car lemon law, section 198-a of the General Business Law, covers cars bought, leased or transferred within the first 18,000 miles or two years from delivery, whichever comes first. As the Attorney General’s fact sheet explains, the presumption applies when the same defect has been subject to repair four or more times, or when the car has been out of service for a cumulative 30 days or more, in that period. Each defect must be reported to the manufacturer or its dealer, and a dealer must notify the manufacturer in writing within seven days. The Attorney General runs a Lemon Law Arbitration Program, administered by an independent dispute resolution organization, which owners can use instead of the manufacturer’s program or a court. New York has a separate used car lemon law, section 198-b.

What notice does your state ask for?

New York

Written notice

Rule: Report each defect to the manufacturer or its dealer; a dealer must notify the manufacturer in writing within 7 days.
Law: N.Y. Gen. Bus. Law § 198-a (new) and § 198-b (used)
Build the notice letter →

State laws read by Radif Partners · Editorial policy · Method and sources

New York’s used car law

Section 198-b requires dealers to give a written warranty on used cars that cost at least a set amount, with a duration that depends on the mileage at sale, and it lets buyers claim a refund when the dealer cannot fix a covered defect after repeated attempts. It is one of the strongest used car laws in the country and is separate from the new car rules on this page.

The state program is the practical route for most owners: the Attorney General’s Lemon Law Unit receives the request and checks eligibility, then an arbitrator hears the case. The fact sheet linked below lists the fees and the forms.

The New York lemon law at a glance

Checked in early November 2026. Dates of any archived copy are given in the last row.
LawN.Y. Gen. Bus. Law § 198-a (new) and § 198-b (used)
Protection period2 years or 18,000 miles, whichever comes first
Repair attempts4 attempts on the same defect
Serious safety defectno separate test
Days out of service30 calendar days
Written noticeReport each defect to the manufacturer or its dealer; a dealer must notify the manufacturer in writing within 7 days.
Dispute stepState-run program. Attorney General’s Lemon Law Arbitration Program (requests to the Lemon Law Unit).
DeadlineNot set in the text we read
Use offset in a buybackNo formula in the text we read
Vehicles coveredNew cars bought, leased or transferred within 18,000 miles or 2 years of delivery.
Used carsNew York has a separate used-car lemon law (§ 198-b).
State pageNew York Attorney General
Level of readingread on the official state page

From written notice to a decision

Certified mail, return receipt requested.

Earliest decisionbetween Oct 16, 2026 and Nov 25, 2026

3Today
  1. 1. Done · milestone

    Written notice reaches the manufacturer

    Oct 16, 2026

    Report each defect to the manufacturer or its dealer; a dealer must notify the manufacturer in writing within 7 days.

    N.Y. Gen. Bus. Law § 198-a (new) and § 198-b (used)
  2. 2. Done · milestone

    Final repair attempt

    Oct 16, 2026

    No fixed number of days for this step in the New York text we read.

  3. 3. In progress · 0 day – 6 weeks

    Dispute program decides

    Oct 16, 2026 – Nov 25, 2026

    A program that follows 16 CFR Part 703 must decide within 40 days of receiving your dispute. Attorney General’s Lemon Law Arbitration Program (requests to the Lemon Law Unit).

    16 CFR 703.5(d)
  4. 4. Upcoming · milestone

    Accept, refuse or go further

    Oct 16, 2026 – Nov 25, 2026

    If you refuse the decision, the next step is the state program or a court.

New York: each bar is proportional to the time the text gives for the step; a step with no time in the law is a milestone.

Questions people ask

How many repair attempts make a car a lemon in New York?

The New York presumption starts at 4 attempts on the same defect, or 30 calendar days out of service in total, within 2 years or 18,000 miles, whichever comes first. Meeting a test creates a presumption, which the manufacturer can still contest before the program or the court. Count each visit with its repair order, and keep every order with its dates.

Does the New York lemon law cover used or leased cars?

New cars bought, leased or transferred within 18,000 miles or 2 years of delivery. Used cars: New York has a separate used-car lemon law (§ 198-b). A used car sold with the rest of the manufacturer’s warranty still carries that warranty, which federal law enforces even where the state lemon law stops. Leases are covered where the text names lessees.

Must I go through arbitration before suing under the New York lemon law?

Attorney General’s Lemon Law Arbitration Program (requests to the Lemon Law Unit). Under the federal rule, 16 CFR Part 703, a manufacturer program that a warranty requires you to use first must decide within 40 days, and its decision does not bind you if you go to court afterwards. The warranty booklet names any program the manufacturer offers.

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Laws and official pages behind this page

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Independent publisher of a state-by-state reference to new and used car lemon laws in the United States, with eligibility, deadline and refund calculators

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State lemon laws 2026, read in each state code and on state consumer pages, last checked on