Lemon Law Arbitration
The New York State Lemon Law statute provides a legal remedy for buyers or lessees of new and used cars that turn out to be lemons.
Lemon: one (as an automobile) that is unsatisfactory or defective.
-Merriam Webster
The New York State Dispute Resolution Association (NYSDRA) administers the Lemon Law Arbitration Program through a contract with the NYS Attorney General’s Office. NYSDRA turns these cases over to local dispute resolution centers (such as Common Ground), who then provide an independent, efficient and fair forum to settle disputes for consumers whose new or used motor vehicles turn out to be “lemons.”
Lemon Law Arbitration involves buyers or lessees meeting with a representative from the car manufacturer or dealership and presenting their case to a specially trained Lemon Law Arbitrator. The Arbitrator will review the evidence from both sides and make a decision as to whether or not the buyer or lessee is entitled to a refund or replacement vehicle.
New/Leased Cars, Motor Homes & Motorcycles
A new vehicle that was purchased, leased or registered in New York State for personal use and which shows a serious problem or defect that is not corrected after four or more repair attempts, or is out of service due to repair for at least 30 days, within the first 18,000 miles or two years (whichever comes first), may be eligible for the Lemon Law Arbitration Program.
If successful, the consumer will be entitled to either a full refund of the purchase price (less an allowance for mileage over 12,000 miles), or a comparable replacement vehicle. The consumer will also be awarded a return of the arbitration filing fee for an arbitrator’s award in his or her favor.
Used Cars & Motorcycles
A vehicle purchased or leased from a New York State dealer (one who sold or offered to sell three or more cars within the previous twelve-month period) for personal use with more than 18,000 miles is also subject to Lemon Law coverage depending on the mileage at the time of purchase (as follows):
Miles at Purchase
18,000 – 36,000
36,001 – 79,999
80,000 – 100,000
Duration of Warranty
90 days or 4,000 miles
60 days or 3,000 miles
30 days or 1,000 miles
If a part covered by the law is the subject of a serious defect that remains uncorrected after three or more repair attempts or the vehicle is out of service for at least 15 days within the applicable statutory period, the consumer may be eligible for Lemon Law relief through the arbitration program. If successful, the consumer will be entitled to a refund of the purchase price as well as the return of the arbitration filing fee.
Lease Excess Wear & Damage Law Program
New York’s Lease Excess Wear and Damage Law provides a legal remedy for consumers who lease a new or used motor vehicle and dispute excess wear and damage charges levied against them by the leasing company upon termination of the lease.
The Lease Excess Wear and Damage Program enables a consumer/lessee to contest (1) whether damage to the leased vehicle exists, (2) whether such damage constitutes “excess” wear and damage above normal wear and damage, (3) the amount of the charges sought by the lessor for excess wear and damage, and (4) whether the lessor complied with lease-end notice and vehicle access requirements.
If successful, the consumer is not required to pay for excess damage and will be entitled to a refund of the arbitration filing fee.
Wheelchairs
A new wheelchair that was purchased or leased in New York State and which manifests a serious problem or defect that is not corrected after three or more repair attempts, or is out of service due to repair for at least 30 days within the first year of ownership, may be eligible for Lemon Law relief through the arbitration program.
If successful, the consumer will be entitled to either a full refund of the purchase price of the wheelchair, or a comparable replacement wheelchair. The successful consumer will also be awarded a return of the arbitration filing fee.
Filing a Complaint
Visit the Attorney General Lemon Law Page or call the Attorney General’s Office at 1.800.788.9898.
Get Started Now
If you are interested in booking a lemon law arbitration, please contact us directly through the booking request form or by telephone or email.
Tel: (518) 943-0523
info@commongroundinc.org
