Lemon Law Ny Private Sales

Both the lemon aid law general laws chapter 90 section 7n and the lemon law also known as the used vehicle warranty law apply to the private sale of used cars. The used car lemon law be waived.

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Private party car sales are usually excluded from lemon law coverage and no 16 year old vehicle is going to eligible for lemon law coverage.

Lemon law ny private sales. If it is part of the sales contract or lease it must be separated from the other contract provisions and headed by a conspicuous title. The lemon law warranty may be included in the sales contract or lease or on a separate sheet of paper. 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.

In a sale between two individuals neither of whom is a car dealer in most states the only obligation on the seller is to answer your questions honestly and not hide anything that they realize you would want to know about. State law implied warranties. Any contract clause which seeks to waive your rights under the used car lemon law is void.

But buying a car in a private sale can be risky business because the law is very different from a car dealer sale. The law requires dealers to give consumers a written warranty. There is a big difference between an actual lemon and a 16 year old used jeep.

A lemon law is a state law that governs car sales designed to protect consumers who buy a car that has recurring problems known colloquially as a lemon lemon laws differ considerably between states so talk to a lawyer in your area if you need legal advice about your state s lemon laws and their applicability to car purchases from private sellers. If you have a written contract the seller must live up to the promises stated in the contract. The used car lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons.

A dealer may agree as part of the sale or lease to give you more warranty protection than the law requires. Before submitting this form please complete all questions as accurately as possible especially date and mileage questions. The lemon law warranty sets only minimum.

Filing a lemon law claim in new york. Lemon laws protect the buyers of new cars from serious recurring defects during the first 1 2 years of ownership. Private sales usually are not covered by the implied warranties of state law.

Under this warranty dealers must repair free of charge any defect in covered parts. After reviewing the guide please complete the appropriate lemon law request for arbitration form and send it to the attorney general s lemon law unit located at 28 liberty street new york ny 10005. Can a dealer give additional warranty protection.

That means a private sale probably will be on an as is basis unless your purchase agreement with the seller specifically states otherwise.

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