New York lemon law: how to file (2026)
New York's lemon law is General Business Law § 198-a. It covers new motor vehicles purchased, leased, or transferred in New York for personal, family, or household use. Within 18,000 miles or 2 years of original delivery, the tests are 4+ repairs of the same defect, or 30+ days out of service. Claims go to court or AG-screened state arbitration.
The complete, plain-English walkthrough — built from the New York Attorney General's Lemon Law program publications and General Business Law §198-a, not law-firm marketing. Last reviewed: October 2026.
⚡ Start here — three free tools
New York lemon law quiz (3 minutes): compare your facts to the two tests below.
Deadline calculator: your estimated days left to file.
Buyback calculator: the usage-offset math for New York.
What vehicles are covered
New York's lemon law (General Business Law §198-a) covers new motor vehicles purchased, leased, or transferred in New York and used primarily for personal, family, or household purposes — including demonstrators and motorcycles. A vehicle bought, leased, or transferred within the first 18,000 miles or 2 years of original delivery, or presently registered in New York, can be covered, as long as it came with the manufacturer's express warranty at original delivery.
Not covered: off-road vehicles (e.g., snowmobiles) and vehicles used mostly for business. Motor homes are covered for their automotive (driving) components — with special notice rules; living-facility components (flooring, plumbing, roof A/C, furnace, generator, non-automotive electrical, etc.) are excluded. Used vehicles fall under a separate statute (GBL §198-b) with its own tests, a separate arbitration fee (confirm the current amount with the NY AG or NYSDRA), and a separate form — see our dedicated New York used car lemon law page for those rules.
The two presumption tests (no safety shortcut)
A "reasonable number of attempts" is presumed if, within the first 18,000 miles or 2 years of original delivery (whichever first), any one of these happened:
1. Four-times test
The same defect persists after 4 or more repair attempts. Different defects don't combine — it must be the same nonconformity. Keep the dates, repair-order numbers and reported problems together in the free repair log.
2. 30-day test
The vehicle was out of service for repair a cumulative 30+ calendar days and the defect still exists. Days need not be consecutive.
No safety shortcut: unlike some states, New York has no reduced-attempt test for safety defects — the same 4-times / 30-day thresholds apply.
If the dealer refuses to repair within 7 days of your notice: send written notice by certified mail, return receipt requested to the manufacturer, who then has 20 days from receipt to commence repairs.
The 4-year filing deadline
Court actions under the New York lemon law must be commenced within 4 years of original delivery (GBL §198-a(j)).
New York lemon law deadline calculator →
Arbitration timing is unconfirmed. The arbitration-program timing details could not be verified from primary sources — confirm them with the NY AG's Lemon Law Unit before relying on any arbitration deadline. Do not treat the 4-year court deadline as an arbitration deadline.
Deadlines: calculate the court date without assuming arbitration timing
General Business Law §198-a(j) gives a four-year period from original delivery for court actions. The site does not treat that court date as a verified arbitration deadline. The defect-reporting and presumption window of two years / 18,000 miles is also separate. Keep the court clock, early reporting records, and arbitration-program instructions in distinct parts of your timeline.
Compute it from your records
- Find the original delivery date, not the latest repair visit, manufacturer reply, or date you decided to request a refund. Use transaction records and check that the repair history refers to the same vehicle and original delivery.
- Add four calendar years to original delivery for the unadjusted statutory court-date estimate. This is the date the calculator summarizes. It does not establish that a case qualifies or decide the legal consequences of any unusual delivery or procedural facts.
- Separately record delivery plus two years and the relevant 18,000-mile milestone. Compare them for the summarized early reporting and presumption window. Keep evidence of when you reported the problem; a recent letter does not establish an earlier report.
- If you plan to use state arbitration, confirm timing with the NY AG’s Lemon Law Unit. The existing guide leaves arbitration timing unconfirmed. Follow the accepted-request and fee instructions; the guide explains that NYSDRA’s receipt of the requested fee is the arbitration filing date. Do not assume an intake email is the final filing event.
If the date appears missed
If the court estimate appears passed, consult a licensed New York attorney promptly. That may affect whether the court remedy remains available, but this site cannot decide exceptions or other legal options. If the reporting window has closed, review when the defect was actually reported rather than treating today’s mileage alone as an answer. For arbitration, ask the AG about its timing before relying on any date.
Keep a copy of the inputs and calculation, and revisit them if you obtain better records. An estimate is useful for organizing questions; the state agency or a licensed attorney must confirm uncertain timing. Do not treat missing information as extra time.
Primary sources: General Business Law §198-a · NY AG lemon law program
Read more on the New York lemon law statute of limitations.
Reporting within the window
Report the nonconformity to the manufacturer or an authorized dealer within the 2-year / 18,000-mile window. Reporting to the dealer counts as notice to the manufacturer — the dealer must forward it to the manufacturer by certified mail, return receipt requested, within 7 days. Keep proof you reported in time.
How to file: the AG, the form, the $250 fee
The state arbitration program is optional — you can choose it instead of going to court. Check one rule first: if your manufacturer has its own informal dispute program, GBL §198-a(g) says the refund/replacement rules don't apply to a consumer who hasn't first resorted to it. Whether using the state program instead satisfies that rule is unconfirmed — ask the AG's Lemon Law Unit or an attorney before you skip the manufacturer's program.
New York's program is run by the NY Attorney General's Lemon Law Unit, which screens every request for eligibility and forwards accepted ones to NYSDRA (New York State Dispute Resolution Association):
- Form: the official Request for Arbitration (CFB007, rev. 03/2025).
- Where to send: email to [email protected], or mail to the Office of the NY State Attorney General, Lemon Law Unit, 28 Liberty Street, 15th Floor, New York, NY 10005 (Attn: LEMON LAW ARBITRATION UNIT).
- Fee: $250 to NYSDRA — but only after the AG accepts your request. Do NOT send it until NYSDRA asks. Receipt of the fee is the filing date.
- Hearing timing: a hearing is scheduled no later than 35 days after the filing date.
What happens after you file
- AG screening — the Lemon Law Unit checks your request for eligibility.
- Fee — NYSDRA requests the $250 filing fee; receipt of the fee is the filing date.
- Hearing — a hearing before a volunteer arbitrator at one of 50+ locations, typically 1–2 hours. You present first; there are no formal rules of evidence.
- Decision — within 5 days of the hearing and no more than 40 days from the filing date. The decision is binding on both parties, with only a limited right to appeal to court. If you win, the award must include return of your filing fee.
Remedies: refund, replacement, sales tax
- Refund: full purchase price, plus trade-in allowance and license/registration/government fees — minus the statutory mileage deduction: (miles over 12,000 × purchase price ÷ 100,000), and a reasonable allowance for damage beyond normal wear and tear.
- Replacement: a comparable motor vehicle.
- Sales tax: refunded separately by the state — file Form AU-11 with the Commissioner of Taxation and Finance within 3 years of the manufacturer's refund.
- Attorney's fees: a court may award reasonable fees to a prevailing consumer (discretionary) — but none are recoverable in the arbitration itself.
When to talk to a lawyer instead
LemonLawPath is for straightforward, DIY-able cases. Talk to a licensed lemon law attorney if any of these apply:
- Your defect is a serious safety hazard (remember: no safety shortcut in NY, and death/serious-injury cases are high-stakes);
- Your vehicle is used (GBL §198-b has its own tests, its own arbitration form, and a separate fee (confirm the current amount with the NY AG or NYSDRA));
- The manufacturer denied your claim or disputes the defect;
- Your filing deadline has passed or is under 30 days away;
- You're unsure about the binding nature of the arbitration decision;
- Anything about your case feels ambiguous.
Common questions
What are the New York lemon law tests?
Under GBL §198-a, a reasonable number of attempts is presumed if, within the first 18,000 miles or 2 years from original delivery, the same defect was repaired 4 or more times and still exists, or the vehicle was out of service 30 or more cumulative calendar days. New York has no reduced attempt count for safety defects.
What is the New York lemon law deadline?
Court actions must be commenced within 4 years of original delivery (GBL §198-a(j)). Confirm arbitration timing with the Attorney General's Lemon Law Unit before relying on it.
How much does New York lemon law arbitration cost?
The new-car program fee is $250, paid to NYSDRA only after the Attorney General accepts your request. Don't send it until NYSDRA asks. If you win, the award must include return of the fee.
Is New York lemon law arbitration binding?
The state program is optional, but if you use it the decision is binding on both parties, with only a limited right to appeal to court.
Does the New York lemon law cover used cars?
Used cars fall under a separate law, GBL §198-b, with its own tests, its own arbitration form, and a separate fee (confirm the current amount with the NY AG or NYSDRA).
Ready? Build your packet.
Personalized arbitration request draft, repair-history organizer, evidence checklist, notice letter, and filing instructions — $29 one-time, less than the $250 arbitration filing fee.
Preview the New York DIY packet → Compare your New York repair history
See a finished example first: sample New York packet (PDF) · sample New York packet (Word) — all five documents with fictional data, produced by the same builder.
Sources: NYSenate.gov — GBL §198-a · NY AG — Lemon Law program