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 State Capitol Albany, NY 12224-0341 (518) 474-7330 Binghamton 44 Hawley Street, 17th Floor Binghamton, NY 13901-4433 (607) 721-8771 Brooklyn 55 Hanson Place Suite 1080 Brooklyn, NY 11217-1523 (718) 722-3949 Buffalo Statler Towers 107 Delaware Avenue Buffalo, NY 14202-3473 (716) 847-7184 Harlem 163 West 125th Street New York, NY 10027-8201 (212) 961-4475 Nassau 200 Old Country Road Suite 460 Mineola, NY 11501-4241 (516) 248-3300 New York City 120 Broadway -3rd Floor New York, NY 10271-0332 (212) 416-8345 Plattsburgh 43 Durkee St Plattsburgh, NY 12901-2958 (518) 561-0118 Poughkeepsie 235 Main Street, 3rd Floor Poughkeepsie, NY 12601-3144 (845) 485-3920 Rochester 144 Exchange Boulevard Rochester, NY 14615-2176 (585) 546-7430 Suffolk 300 Motor Parkway Hauppauge, NY 11788-5127 (631) 231-2400 Syracuse 615 Erie Boulevard West Suite 102 Syracuse, NY 13204-2465 (315) 448-4800 Utica 207 Genesee St., Room 508 Utica, NY 13501-2812 (315) 793-2225 Watertown 317 Washington Street Watertown, NY 13601-3744 (315) 785-2444 Westchester 101 E. Post Road White Plains, NY 10601-5008 (914) 422-8755
Consumer Complaint telephone number: 1-800-771-7755 For the Hearing Impaired: 1-800-788-9898