nys used car return policy

New York State also has an automobile "lemon law

," a law that applies to car sales. However, while this law allows consumers to return a car purchase if the car has recurring problems that impact the driver's ability to use it, it does not allow car buyers to return the car simply because they regret the purchase.

Full Answer

Can you return a lemon law car in New York?

Lemon Law. New York State also has an automobile "lemon law," a law that applies to car sales. However, while this law allows consumers to return a car purchase if the car has recurring problems that impact the driver's ability to use it, it does not allow car buyers to return the car simply because they regret the purchase.

What constitutes a used car in New York?

Under the law, a used car is one which satisfies all the following five conditions: (1) It was purchased, leased or transferred after the earlier of (a) 18,000 miles of operation or (b) two years from the date of original delivery; and (2) It was purchased or leased from a New York dealer; and

What is a dealer’s return policy?

So keep in mind that a dealer’s return policy generally applies to used or pre-owned cars. Some dealers offer a return policy if you bring back the car within a certain number of days or miles.

Can I buy a salvage car in New York State?

Buying from a Dealer In New York State, every automotive dealer must register with the Department of Motor Vehicles (DMV). A registered dealer must obey certain state and federal laws that protect your purchase of a new or used car, truck, or other motor vehicle, including one sold as "salvage."

What are the parts that are covered by a warranty?

How to contact the attorney general for used car lemon?

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How long do you have to return a used car in NY?

There is no “cooling-off” period in New York for car purchases. Some dealers may tell you that you have three days to change your mind. This is not true. But in New York City, you have 48 hours to look over a contract before signing while the dealer holds the car.

Is there a 30 day warranty on used cars in NY?

Under the New York State Lemon Law, used car dealers must provide written warranties on used cars that cost more than $1,500 or that have less than 100,000 miles....Know about warranties.MileageWarranty80,000 - 100,00030 days or 1,000 miles2 more rows

Can you return a car to the dealership in New York?

If you've purchased a new or used car and you're having second thoughts about it, in most cases, you won't be able to return the car. The dealer who sold you the car is usually not legally obligated to take the car back and issue you a refund or exchange after you've signed the sales contract.

What are my rights on returning a used car?

Problems with cars bought from dealers (For a used car, “satisfactory quality” takes into account the car's age and mileage.) You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases. After 30 days, you lose the short-term right to reject the goods.

Is there a lemon law in New York for used cars?

Cars Covered by the Used Car Lemon Law Include any car that: 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.

What is the standard warranty on a used car?

Used car warranty A used-car warranty typically lasts for three, six or 12 months, with older cars often supplied with shorter policies. Cars sold by franchised dealers are often marketed under an 'approved used' scheme and are generally covered by a 12-month warranty.

Is there a cooling off period when buying a used car?

The cooling-off period begins when the contract is entered into and generally closes at 5pm on the next day that the dealer is open for business.

Can I back out of a car deal after signing?

The vast majority of car dealers have no written policies that allow you to rescind the purchase agreement you've signed. This means your only recourse is to plead your case. You can say that you have discovered you don't like the car or that it will stretch your budget and put you in dire financial straits.

Can you back out of a car loan after signing?

Can You Back Out of a Car Loan After Signing? If you're unhappy with the sale price of your new car, or think you got too little for your trade-in, chances are you won't be able to alter those terms after the deal has been signed. If you signed the sales contract, you own the car.

Can I hand a car back within 14 days?

In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order.

Can I get a refund on a faulty used car?

If you've bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car.

What to do if someone sells you a faulty car?

Contact the seller and explain the problem before you do anything else. You should contact the seller yourself – or have someone else do it for you – if you have bought a vehicle and: were misled into doing so, either by false advertising or something the seller has said. the vehicle is faulty or unsafe.

Does lemon law apply to private sales in NY?

Any person to whom a used car was transferred by the purchaser during the used car lemon law warranty period is covered. ARE PRIVATE SALES COVERED? No. If you bought your car from a private individual (rather than from a dealer) you are not protected by the Used Car Lemon Law.

What is NY lemon law?

The New York State New Car Lemon Law provides a legal remedy for consumers who are buyers or lessees of new cars and certain "used" cars that turn out to be "lemons." If a car does not conform to the terms of its written warranty and the manufacturer or its authorized agent is unable to repair the car after a ...

Can you drive a car in NY without registration?

Every vehicle that is driven within the state of New York must have a valid registration. Motorists who drive a vehicle which is not registered can face fines, which get larger the longer the vehicle has been unregistered.

How long can a dealership hold your car for repair New York?

about 30 daysAccording to tortdeform.com, a dealership can hold your car for about 30 days. After this, you are potentially entitled to: A lemon law case, which you can further understand with research. Financial compensation for the time that has been wasted.

Used Car Lemon Law Fact Sheet | New York State Attorney General

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).

Used Car Lemon Law Questions and Answers

HOW LONG IS THE LEMON LAW WARRANTY PROTECTION? Miles at time of Purchase. Duration of or Lease Warranty (the earlier of: 18,001 to 36,000. 90 days or 4,000 miles

When NY Lemon Law Limits Have Expired or Don't Apply - New York Lemon ...

For illustrative purposes, I direct the reader’s attention to the New York Small Claims case of Alex Diaz v.Your Favorite Auto RPR decided by Judge Reginald Boddie on May 29, 2012 in the Civil Court of the City of New York, Kings County, Small Claims Part Under Index Number 4404/2011, which provided as follows:. Claimant commenced this small claims action against defendant to recover $3,000 ...

New York Lemon Laws | DMV.ORG

Filing a Lemon Law Claim in New York. Once you've determined that your vehicle meets the criteria of a lemon, you will want to obtain a Request for Arbitration form.The NY Attorney General provides forms for new and used cars.

What are the parts that are covered by a warranty?

Warranty Requirements: Auto dealers are required by law to provide you a written warranty to covers the following parts: Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel. Transmission: he transmission case, internal parts, and the torque converter.

How to contact the attorney general for used car lemon?

Individuals with questions about their rights under the Used Car Lemon Law are encouraged to contact the Attorney General's consumer help line at (800) 771-7755 or go to usedcarlemon.pdf .

How long does a car need to be out of service to be repaired?

You may still be entitled to relief under the law, provided all other statutory requirements are met, if a defect continued to exist at the end of the third repair attempt, or if the car was out-of-service for a total of at least 15 days, notwithstanding that the defect was subsequently repaired.

What is lemon law warranty?

The lemon law warranty sets only minimum obligations for dealers. The dealer may offer to sell you an extended service contract which provides protection beyond the lemon law warranty. The price of such extended service contract may be negotiated with the dealer.

Why is a lemon law warranty called a lemon law warranty?

The warranty may be referred to at times as a lemon law warranty because it is required by the "lemon law" and must be honored by the dealer. This warranty must specify that while it is in effect the dealer or his agent will repair, free of charge, any part covered by the warranty.

What is the purpose of a car?

A car is primarily used for personal purposes when its principal use is for personal, family or household purposes. Such purposes include, for example, using the car for household errands or to drive to and from work. A car may be used for mixed personal and business use provided that the personal use is predominant (more than 50% of its usage).

Can a dealer sell a used car as is?

If the dealer is unable to repair the car after a reasonable number of attempts, you are entitled to a full refund of the purchase price. No used car covered by this law can be sold by a dealer " as is.". (A copy of the law may be found at the back of this book.)

Can you claim lemon law on a used car?

No. If you bought your car from a private individual (rather than from a dealer) you are not protected by the Used Car Lemon Law. You should consult a lawyer for advice as to other possible remedies. If the purchase price was $3,000 or less, you may wish to pursue your claim in Small Claims Court.

Can you deduct mileage on a car purchase?

An adjustment may also be made for any modification to the car which either increases or decreases its market value. There is no deduction for mileage.

What happens if a dealer fails to repair a car?

If the dealer fails to repair theproblem after a reasonable period of time,and if the problem substantially impairs thevalue of the used car to you, the dealer mustaccept the return of the car and make arefund.

How long does it take for a DMV to revoke a dealer's license?

If the DMV determines that the dealer deliberately failed to pay the award which was not stayed or appealed, within 60 days , it may revoke, suspend or refuse to renew a dealer's registration. The Administrator now sends out a notice to the parties with each award issued in favor of the consumer that advises the parties of this remedy.

What is a lemon law warranty?

dealer who sells or leases you aused car is required to give you a writtenwarranty, the terms of which are specifiedin the law . The warranty may be referred toat times as a lemon law warranty because itis required by the “lemon law” and must behonored by the dealer. This warranty mustspecify that while it is in effect the dealer orhis agent will repair, free of charge, any partcovered by the warranty. The dealer mayelect to reimburse you for the reasonablecost of repairing any covered part.

What is the New York Lemon Law?

They set forth the procedures for the operation ofan alternative arbitration mechanism (the "Programs") as required by GBL §198-a(k) and GBL §198-b(f)(3).

Can you claim lemon law on used cars?

No. If you bought your car from aprivate individual (rather than from adealer) you are not protected by the UsedCar Lemon Law. You should consult alawyer for advice as to other possibleremedies. If the purchase price was $5,000or less, you may wish to pursue your claimin Small Claims Courts, except in Town andVillage Courts where the limit is $3,000,exclusive of interest and court costs.

Can you get a refund for sales tax in New York?

Yes. State and local sales taxes arerefunded directly by the New York State Commissioner of Taxation and Finance who will determine the appropriate amount to be refunded. You must complete and submit an "Application for Refund of State and Local Sales Tax" (Form AU-11) to the New York State Department of Taxation and Finance, Central Office Audit Bureau -Sales Tax, State Campus, Albany, NY 12227. (This form may be obtained fromthe Commissioner of Taxation andFinance.)

Can a lemonlaw dealer give you a warranty?

Yes. A dealer may agree, as part ofthe sale or lease, to give you more warrantyprotection than the law requires. The lemonlaw warranty sets obligations for dealers. only minimum

What is the law for buying a car in New York?

Buying from a Dealer. In New York State, every automotive dealer must register with the Department of Motor Vehicles (DMV). A registered dealer must obey certain state and federal laws that protect your purchase of a new or used car, truck, or other motor vehicle, including one sold as "salvage.". New vehicles are also protected by manufacturer's ...

What is the proof of ownership for a new car in New York?

For a new vehicle purchased from a New York State registered dealer - the proof of ownership is a Manufacturer's Certificate of Origin (MCO) and the dealer's "Certificate of Sale" (MV-50).

How long does a dealer have to inspect a vehicle before selling it?

A dealer also must: have the vehicle inspected before selling it to a retail customer, even if the vehicle is new. The inspection must be done within 30 days of the date of sale and before you take delivery. The dealer may charge you the inspection fee.

What is rebuilt salvage?

A vehicle with this label has been rebuilt after being wrecked, destroyed or damaged in excess of 75 percent of its retail value at the time of loss, or originally had entered New York State under a branded out-of-state title. Previous branding includes Salvage, Rebuilt Salvage, Salvage Restored, Junk, Parts Only, Water Damage, or other description. The Rebuilt Salvage branding will remain on the title for as long as the vehicle exists, no matter how many improvements are made to the vehicle.

Where do you put a branding notice on a New York title?

standards, or reconstructed, a branding notice must be printed in capital letters on the front of the New York State title certificate. A dealer must inform a customer, in writing, if a branded vehicle is being shown or sold to a retail customer.

Do you need to have an odometer on a 2011 car?

For vehicles manufactured in or before model year 2010 or a motor vehicle manufactured in or after the 2011 model year that is older than 20 model years, odometer disclosure is not required. The damage disclosure statement on the back of the title certificate must be completed regardless of the vehicle’s age.

When to turn in license plates?

Always turn in your plates before you cancel liability insurance or before the insurance lapses. If you do not, your registration will be suspended, and your driver license could be suspended as well.

How long does it take to cancel a car purchase?

The Federal Trade Commission’s “cooling-off” rule — established in the 1970s — allows consumers 3 days to cancel a transaction. This rule often gets tossed around if a consumer wants to return a car just purchased.

How long does a car have to be in lemon law?

The car buyer must discover the defect within 18 months of delivery or 18,000 miles of use. The lemon law covers all new, used, and leased cars still covered by the manufacturer’s vehicle warranty.
. Suppose a vehicle gets deemed irreparable after good-faith attempts to fix its flaws.

What is the role of depreciation in car sales?

But the immediate car depreciation plays a vital role in consumer protection laws surrounding auto sales. The valuation of a car depends on whether it is considered new or used. The MSRP of a new vehicle at a dealership depends on manufacturer and dealer markups and other factors that influence a new car’s price.

How much does the sales tax rule apply to?

The rule applies to purchases of more than $25 and specific kinds of sales tactics like the ones made in your home by pushy door-to-door salesmen. It also applies to sales conducted at a place other than the retailers’ usual place of business or permanent retail location.

How many miles can you depreciate a car?

If your car has fewer than 200 miles , you might be able to recover some of the depreciated value. Upgrade your options. If you have no other options, try upgrading the model you purchased with optional aftermarket features, like an improved sound system or improved performance features to make it more enjoyable.

What to do if you don't want a car?

Sell the car. If you absolutely don’t want the vehicle, you might be able to sell the car in a “like-new” condition. The IRS generally defines a new car as one that is not registered for personal use with a state Department of Motor Vehicles.

Can I refinance my car loan?

Refinance. When you purchase your car with a bank loan, you might have the option to refinance your loan to lower the rate. While you still need to keep the vehicle you may not want, you may be able to reduce the payments you are required to make or shorten or extend the term of the loan you are required to repay.

How long can you cancel a sales contract in New York?

Under the Federal Trade Commission's cooling-off rule, consumers in New York can cancel a sales contract in some situations up to three days after entering into the agreement . The rule allows anyone who agreed to purchase goods of $25 or more via door-to-door sale at home, or a nonhome sale made somewhere other than the seller's place of business ...

What is buyer remorse law?

Buyer's remorse laws are sometimes known as "cooling off" laws, as they allow consumers a certain amount of time after agreeing to a sale to reconsider it . There is no general cooling off law in New York, but there are numerous laws that provide cooling off periods based on the kind of product sold. For example, if you enter into a health or fitness club agreement, you have 15 days to cancel it, while if you enter into a home improvement contract, you have three days to cancel it.

Does New York have a lemon law?

Lemon Law. New York State also has an automobile "lemon law," a law that applies to car sales. However, while this law allows consumers to return a car purchase if the car has recurring problems that impact the driver's ability to use it, it does not allow car buyers to return the car simply because they regret the purchase.

Where to file a complaint against a car dealership?

Your state attorney general's office is another place to look for information on how to file a complaint against a car dealership. The National Association of Attorneys General lists the state attorneys general and their offices' websites. From there you can find information on laws and the complaint process.

What to do if you don't like a car?

You can say that you have discovered you don't like the car or that it will stretch your budget and put you in dire financial straits. If you have buyer's remorse, you can call the salesperson first as a courtesy, but be prepared to contact someone higher up in dealership management, such as the sales manager, general manager or owner.

Does the cooling off rule apply to cars?

It explicitly doesn't apply to automobiles. If you signed the sales contract, you own the car. And the law is on the side of the seller.

Is a car a lemon?

It takes time and repeated visits to the service bay to legally establish that a car is a lemon in order to have a vehicle considered under the Lemon Law. Make sure you brush up on the lemon laws in your state to help determine if this is the proper course of action. But sometimes a buyer quickly decides the car is defective and wants to exchange it for a different one or cancel the deal.

What are the parts that are covered by a warranty?

Warranty Requirements: Auto dealers are required by law to provide you a written warranty to covers the following parts: Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel. Transmission: he transmission case, internal parts, and the torque converter.

How to contact the attorney general for used car lemon?

Individuals with questions about their rights under the Used Car Lemon Law are encouraged to contact the Attorney General's consumer help line at (800) 771-7755 or go to usedcarlemon.pdf .