Is an Emission Control Defect Covered by New York Lemon Law
My question involves a consumer law issue in the State of: New York
My daughter-in-law recently (August) purchased a 2012 used car with 69000 miles. Almost immediately, a check engine light came on. It indicates a leak in the emission control system. The dealer has tried twice to fix the problem to no avail. The light comes back on within a couple days. If this light is on or has been reset within a few days the car will not pass the NYS inspection process. Can you tell me if this defect in the emission control system qualifies as a "Lemon Law" defect? The car meets all other requirements for Lemon Law qualification. Thanks
Re: Emission Control Defect Covered by Nys Lemon Law
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cswanson69
Thanks, but I'm confused. The car was purchased AFTER it had 18K miles and much AFTER 2 years from its original delivery date. Thanks.
New York does have a used car Lemon Law.
Cars Covered by the Used Car Lemon Law Include any car that:
was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND
was purchased or leased from a New York dealer; AND
had a purchase price or lease value of at least $1,500; AND
has been driven less than 100,000 miles at the time of purchase/lease; AND
is used primarily for personal purposes.
Statutory Warranty Length:
Miles of Operation Duration of Warranty (the earlier of)
18,001-36,000 miles 90 days or 4,000 miles
36,001-79,999 miles 60 days or 3,000 miles
80,000-100,000 miles 30 days or 1,000 miles
Based on the year and milage the dealer is required to provide a 60 day or 3000 mile warranty.
The law requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.
A Dealer's Duty to Repair: A reasonable chance for an auto dealer to repair a problem for a used car is considered to be:
three or more repair attempts and the problem continues to exist; OR
the car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).
The dealer has AT LEAST one more attempt to fix the car.
Re: Emission Control Defect Covered by Nys Lemon Law
Now that we have cleared that up.....back to my original question: does anyone know if a defect in the emission control system qualifies as a "Lemon Law" defect? It is not listed in the NYS document but the list is prefaced with "covered parts must include at least". Thanks for everyone's input.
Re: Emission Control Defect Covered by Nys Lemon Law
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Quoting
cswanson69
Now that we have cleared that up.....back to my original question: does anyone know if a defect in the emission control system qualifies as a "Lemon Law" defect? It is not listed in the NYS document but the list is prefaced with "covered parts must include at least". Thanks for everyone's input.
Not explicitly. You need to review that warranty paperwork that the dealer should have included with the other purchase documents.
The written warranty shall require the dealer or his agent to repair or, at the election of the dealer, reimburse the consumer for the reasonable cost of repairing the failure of a covered part. Covered parts shall at least include the following items:
Engine. All lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.
Transmission. The transmission case, internal parts, and the torque converter.
Drive axle. Front and rear drive axle housings and internal parts, axle shafts, propeller shafts and universal joints.
Brakes. Master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings and disc brake calipers.
Radiator.
Steering. The steering gear housing and all internal parts, power steering pump, valve body, piston and rack.
Alternator, generator, starter, ignition system excluding the battery.
Re: Emission Control Defect Covered by Nys Lemon Law
Quote:
Quoting
cswanson69
Now that we have cleared that up.....back to my original question: does anyone know if a defect in the emission control system qualifies as a "Lemon Law" defect? It is not listed in the NYS document but the list is prefaced with "covered parts must include at least". Thanks for everyone's input.
It doesn't matter. The car doesn't qualify to be covered under the lemon law.
Re: Emission Control Defect Covered by Nys Lemon Law
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PayrolGuy
It doesn't matter. The car doesn't qualify to be covered under the lemon law.
PayrolGuy,
Stop saying this. You are misinterpreting the NY state USED CAR lemon law.
It does qualify. Those exclusions prevent the NEW car lemon from applying.
https://ag.ny.gov/sites/default/file...ill_rights.pdf
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(2) If your used car has 18,000 miles or less, you may be protected by the New Car Lemon Law.
(3) • If your used car has more than 18,000 miles and up to and including 36,000 miles, a warranty
must be provided for at least 90 days or 4,000 miles, whichever comes first.
• If your used car has more than 36,000 miles but less than 80,000 miles, a warranty must be
provided for at least 60 days or 3,000 miles, whichever comes first.
• If your used car has 80,000 miles or more but no more than 100,000 miles, a warranty must
be provided for least 30 days or 1,000 miles, whichever comes first. Cars with over 100,000
miles are not covered.
(4) If your engine, transmission, drive axle, brakes, radiator, steering, alternator, generator,
starter, or ignition system (excluding the battery) are defective, the dealer or his agent must
repair or, if he so chooses, reimburse you for the reasonable cost of repair.
(5) If the same problem cannot be repaired after three or more attempts, you are entitled to return
the car and receive a refund of your purchase price or of all payments made under your lease
contract, and of sales tax and fees, minus a reasonable allowance for any damage not
attributable to normal usage or wear, and, in the case of a lease contract, a cancellation of all
further payments you are otherwise required to make under the lease contract.
The emission control system is not called out specfically. You'd need to refer to the warranty given by the dealer and see if it has additional protections.
Re: Emission Control Defect Covered by Nys Lemon Law
I misread the head line on the original link I posted. My bad