Regardless of what precautions a buyer takes, every once in a while, somebody is going to end up buying a busted auto. Such things happen to be among the unavoidable, unpleasant little details of life. However, such things are also the reason several states, New York among them, have lemon laws. Protecting consumers is the core purpose of the used car New York lemon laws and a smart consumer would do well to know those laws before making a purchase. While the used car New York lemon laws can be complicated and confusing for those who aren't trained attorneys, there are some aspects of the law that are easy to understand and should be known by all consumers.
First off, the used car New York lemon law requires that a seller, be it a dealership or website, provide the buyer with a basic warranty, on paper, for the auto. While the mandated coverage periods of the warranties vary with the mileage on the vehicle being sold, most consumers do feel some degree of security knowing that there is, at least, some sort of protection for their purchase. The law also requires dealers to cover repair costs for a vehicle if it is still falls within the coverage period stipulated by the law. The lemon law also forces dealers to repair parts outside the coverage period, provided the buyer informed the seller of the defect before the warranty runs out.
In relation to the repair-related clauses of the law, the used car New York lemon law also states that once an automobile has been repaired or parts of the machine replaced, three times, the dealership is obliged to accept the machine, should the buyer decide to send the auto back for a refund. Such a return, however, is disqualified if the vehicle was damaged by the buyer or through regular use and not by flaw or damage present before the machine was sold. Thus, the law forces dealers to take responsibility and make sure that every car that their lot has sold is in good condition and is not likely to break down within a span of a few days.
The used car New York lemon law also makes it impossible to deny the warranty. Dealers are mandated by the law to uphold their end of the bargain, regardless of whether or not the buyer has been made explicitly aware of the limited guarantee. On a side note, dealers are also required to divulge the existence of the limited guarantee to the buyer once the purchase is complete. According to the clauses in the law, any attempt made by a buyer to waive the warranty will not be recognized. Such clauses were put into place for the specific purpose of protecting unwary consumers from the dealership's tactic of convincing buyers to waive the right to have the dealer repair any damage that was caused or ignored while the vehicle was not with the buyer.
As with similar laws in other areas, the used car New York lemon law was designed to protect consumers from being ripped off by unscrupulous resellers. While NYC has a reputation for having a large population of people more than willing to unlawfully take another person's money, used car New York lemon laws provide at least some level of comfort to used car buyers.
Used Car Lemon Law
Lemon law was created to protect consumers from faulty and defective automobiles. Used car lemon law refers to legal support to consumers from buying used cars that turn out to be lemons. According the used car lemon law, the dealer needs to provide a written warranty. The written warranty as per used car lemon law ensures that the dealer shall repair, free of charge, any defects in covered parts or, at the dealer's option, provide reimbursement for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, then according to the used car lemon law consumer is entitled to a full refund of the purchase price.
Several norms govern the enactment of the used car lemon law. Different states have different used car lemon law. Some states in United States do not enforce used car lemon law. Various norms for used car lemon law are that the vehicle should have been purchased, leased or transferred after eighteen thousand miles of operation or two years from the date of original delivery, whichever occurs earlier.
The vehicle under used car lemon law should also have been leased from the same state where the law is enforced. The purchase price of the vehicle under used car lemon law should have been purchased or leased at least at a price of $1500. The vehicle should be primarily for personal use and should have been driven 100,000 miles or less at the time of purchase or lease.
According the used car lemon law it should be primarily for personal use or for the use of family or household purpose. Used car lemon law is not applicable to cars purchased from individuals or independent sellers.
Under the used car lemon law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve month period. Banks or other financial institutions, except in the case of a lease, are not included. Similarly, a car purchased from a retail auto auction is also covered. In such a case the auction company should be registered with the Department of Motor Vehicles. During any sales by an auction company or the dealer, the seller must provide the lemon law warranty at the time or before the sale. In cases where a dealer fails to give you the written lemon law warranty, the dealer is nevertheless considered to have given the warranty and you are entitled to all the protections under the law.
The used car lemon law sets only the minimum obligation for the dealers. However, a dealer may choose to provide additional warranty or may limit the coverage of the vehicle under warranty. The exclusion may include service or repair asked for due to consumer negligence, vandalism negligence, collision, abuse or theft, etc. Exclusion can also be for motor tune-up or repairs asked if the odometer has been tampered. There can be other several exclusions depending upon the dealers warranty provided.
Different states have different contact points or toll free numbers where the consumer can obtain free information about used car lemon law. One needs to check out the contact numbers for a particular state where the used car lemon law needs to be enforced.
Both Harvey Ong & Earl Powers are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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