1. New York Lemon Law Used Car: the Initial Purchase and Emerging Problems
The journey for many consumers begins with the excitement of a vehicle purchase backed by a statutory dealer warranty.
However, persistent mechanical failures can quickly turn this experience into a financial and emotional burden, highlighting the importance of the New York lemon law for a used car.
A Seemingly Secure Purchase under Warranty
Mr. Jacobs purchased a certified pre-owned Chevrolet sedan from a dealership in upstate New York.
With just under 30,000 miles at the time of sale, the vehicle qualified for the 90-day or 4,000-mile statutory warranty under New York General Business Law § 198-b.
Under the Used Car Lemon Law, warranty coverage depends on the vehicle’s mileage at the time of sale.
Vehicles with higher mileage may receive shorter warranty periods, such as 60 days/3,000 miles or 30 days/1,000 miles, depending on the statutory tier.
Mr. Jacobs believed this coverage would protect him from significant mechanical issues.
Unfortunately, serious defects soon emerged, bringing the matter within the protections of the New York lemon law for a used car.
2. New York Lemon Law Used Car: Escalating Defects and Repair Failures
Shortly after the purchase, the vehicle began exhibiting serious engine problems.
Within the first month, Mr. Jacobs experienced a sudden engine stall while driving, creating a substantial safety concern.
He returned the vehicle to the dealership for repairs under the statutory warranty.
Despite repair efforts, the engine stalled again several weeks later.
Over the next two months, the vehicle was returned to the dealership three times for the same engine defect and was out of service for more than fifteen cumulative days during the warranty period.
Under GBL § 198-b, a consumer may establish a lemon law claim if the dealer is unable to repair a covered defect after a reasonable number of attempts, or if the vehicle is out of service for fifteen or more days during the statutory warranty period. These facts supported a claim under the New York lemon law for a used car.
Building a Case for a Refund
Frustrated with the unresolved defect, Mr. Jacobs carefully documented each repair visit and the total days the vehicle was unavailable.
The dealership had multiple opportunities to repair the same substantial engine defect within the applicable statutory warranty period.
This documentation was critical in demonstrating that the dealer failed to correct the defect after a reasonable number of attempts, satisfying the requirements of the New York lemon law for a used car.
3. New York Lemon Law Used Car: Achieving a Favorable Resolution
The ultimate goal of a Used Car Lemon Law claim is to secure a statutory remedy, which may include a comparable replacement vehicle or a refund.
A formal demand was made to the dealership under New York General Business Law § 198-b, outlining the repair history and invoking the consumer’s statutory rights.
After reviewing the documented repair history and the time the vehicle remained out of service during the warranty period, the dealership agreed to resolve the matter.
Securing a Refund under the Statute
The matter concluded with a repurchase of the vehicle.
Pursuant to GBL § 198-b, the refund included the purchase price, applicable taxes, and certain fees, subject to the statutory allowance for use as required by law.
This resolution demonstrates how a properly documented claim under the New York lemon law for a used car can provide meaningful relief when a dealership fails to repair a covered defect within the statutory warranty period.
If you have purchased a used vehicle in New York that has required repeated repairs for the same covered defect or has been out of service for fifteen or more days during the statutory warranty period, you may have rights under the New York lemon law for a used car.
The attorneys at SJKP can help evaluate whether your situation meets the statutory criteria and guide you through the claim process.
Contact SJKP for a consultation to determine if your vehicle qualifies for relief under New York General Business Law § 198-b.
27 Feb, 2026
