CONSUMER TIPS
USED CAR BUYING
ANDREW M. CUOMO
ATTORNEY GENERAL
THE STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL
THE CAPITOL
ALBANY, NY 12224
Dear New Yorker:
Shopping for a used car is considered by many to be a daunting experience.
Consumers need to take extra precautions when considering this purchase. The
best way to avoid a poor choice is to arm yourself with information - something
the following tips should help you do.
Also, state law protects consumers, who even after taking precautions before
purchasing, still find themselves with cars that simply can’t be fixed, commonly
know as “lemons”.
New York State’s Used Car Lemon Law provides a statutory warranty for
consumers purchasing or leasing used vehicles. Further, the State’s Used Car
Lemon Law can be more responsive to consumer complaints.
In addition, this law contains one of the nation’s preeminent arbitration programs
in the event the consumer cannot resolve his or her complaint directly with the
dealer. This Arbitration Program has proven to be a major success for consumers
that has generated awards and settlements amounting to over $7.7 million in it’s
eleven years of operation.
I hope that the following tips and lemon law information prove useful to you.
Sincerely,
Andrew M. Cuomo
BUYING A USED CAR
Check the dealership’s track record with the consumer protection
agencies and the Better Business Bureau in the area where it is located.
Have a vehicle checked by a trusted mechanic before buying it.
It’s a trade-off: Keep in mind that, although buying a car from a private
individual rather than a dealer may offer a lower price, such a sale is not
covered by the Used Car Lemon Law.
Find out as much about the vehicle’s history as possible. Check one of
the on-line services, such as CarFax.com, to ascertain whether a car has
been declared salvage by an insurance company, or has been labeled a
lemon, or to see if there is an inconsistency in the odometer reading.
Do not assume you can obtain a refund on a deposit.
Keep in mind that there is NO statutory right to cancel the purchase of
a vehicle in New York State, unless you are buying on credit card and it is
denied.
Comparison shop other dealers and review other sources of price
information on used vehicles, including the National Automobile Dealers
Association (www.nadaguides.com) and the Kelley Blue Book
(www.kbb.com).
Shop around for financing. Dealers and lenders offer a wide variety of
financing options, including interest rates, payment methods and length of
the loan.
To protect against odometer tampering: (1) be sure to check the title
carefully for inconsistencies, erasures and numbers that appear to have
been written over; (2) be very wary of titles that say “NOT THE
ACTUAL MILEAGE” - explanations about a previously unconnected or
damaged odometer may not be true; (3) look for signs of tampering -
loose dashboard, broken speedometer, digits on the left side that don’t line
up - but remember, lack of physical signs does not take the place of
checking on the vehicle’s title history.
Call my office at (800) 771-7755 if you have questions about used car
buying or believe you are aware of a vehicle with a tampered odometer.
THE USED CAR LEMON LAW
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.” The law
requires dealers to give consumers a written warranty. Under this
warranty, dealers must repair, free of charge, any defects 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. No used car covered by
this law can be sold by a dealer “as is.”
Specifically, used cars purchased, leased or transferred for $1,500 or more
are provided with the following statutory warranty:
18,000-36,000 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*
*whichever comes first
A consumer should immediately report any malfunction or defect of a
covered part to the dealer and request the necessary repairs.
Covered parts must include at least: engine; transmission; drive axle;
brakes; steering; radiator; alternator; generator; starter; and the ignition
system (excluding battery).
Refunds: You are entitled to a refund of your purchase price or
reimbursement of lease payments if:
• the same problem cannot be repaired after three or more attempts; or
• your car is out of service for a total of 15 days or more during the
warranty period and the problem continues to exist.
A dealer may refuse to refund your purchase price, or the payments made
under your lease contract, if the problem does not substantially impair the
value of your car, or if the problem is caused by abuse, neglect, or
unreasonable modification.
Arbitration: If the dealer does not repair the defect and refuses to issue a
refund, you may seek arbitration through the New York State Used Car
Lemon Law Arbitration Program offered by the Attorney General’s office
or you may enforce your lemon law rights through a lawsuit. If you
prevail in a lawsuit you are entitled to recover your reasonable attorneys’
fees.
Consumers who need assistance in enforcing their lemon law rights are
encouraged to call the Attorney General’s consumer help line at (800)
771-7755.
REGIONAL OFFICES OF THE ATTORNEY GENERAL
Albany New York City Utica
State Capitol 120 Broadway -3rd Floor 207 Genesee St., Room 508
Albany, NY 12224-0341 New York, NY 10271-0332 Utica, NY 13501-2812
(518) 474-7330 (212) 416-8345 (315) 793-2225
Binghamton Plattsburgh Watertown
44 Hawley Street, 17th Floor 43 Durkee St 317 Washington Street
Binghamton, NY 13901-4433 Plattsburgh, NY 12901-2958 Watertown, NY 13601-3744
(607) 721-8771 (518) 561-0118 (315) 785-2444
Brooklyn Poughkeepsie Westchester
55 Hanson Place Suite 1080 235 Main Street, 3rd Floor 101 E. Post Road
Brooklyn, NY 11217-1523 Poughkeepsie, NY 12601-3144 White Plains, NY 10601-5008
(718) 722-3949 (845) 485-3920 (914) 422-8755
Buffalo Rochester
Statler Towers 144 Exchange Boulevard
107 Delaware Avenue Rochester, NY 14615-2176 Consumer Complaint
Buffalo, NY 14202-3473 (585) 546-7430 telephone number:
(716) 847-7184 1-800-771-7755
Suffolk
Harlem 300 Motor Parkway For the Hearing Impaired:
163 West 125th Street Hauppauge, NY 11788-5127 1-800-788-9898
New York, NY 10027-8201 (631) 231-2400
(212) 961-4475
Syracuse
Nassau 615 Erie Boulevard West
200 Old Country Road Suite 102
Suite 460 Syracuse, NY 13204-2465
Mineola, NY 11501-4241 (315) 448-4800
(516) 248-3300