Buying a used car can be a smart financial move, but it also comes with potential risks. One common concern for used car buyers is whether a dealership will be obligated to fix problems that arise after the purchase. If you’ve bought a used car and are wondering, “will a dealership repair a used car?”, the answer, in many cases, is yes, especially if you are in New York. New York State’s lemon law for used cars provides significant protection for consumers, ensuring that dealerships stand behind the vehicles they sell. This law mandates that dealers provide a written warranty for used cars, which requires them to repair certain defects at no cost to you. Let’s delve into the specifics of this law and what it means for you as a used car owner.
Used Car Lemon Laws and Warranty Basics
New York’s used car lemon law doesn’t apply to every used vehicle. There are specific criteria that a used car must meet to be covered under this protective legislation.
Qualifying Used Cars
For a used car to fall under the umbrella of New York’s lemon law, it must satisfy all of the following conditions:
- The vehicle was bought, leased, or transferred after it had already been driven for more than 18,000 miles or was more than two years old from its original delivery date, whichever came first.
- You purchased or leased the car from a licensed New York dealership. Private sales are not covered under this law.
- The price or lease value of the car was at least $1,500.
- At the time of purchase or lease, the car had been driven less than 100,000 miles.
- The vehicle is primarily intended for personal use, family use, or household purposes.
If your used car meets these requirements, you are entitled to a warranty from the dealership.
Warranty Duration
The duration of the warranty that a dealership must provide is not fixed but depends on the mileage of the car at the time of purchase. The higher the mileage, the shorter the warranty period. Here’s a breakdown:
| If the car had this many miles on it: | Then your warranty must cover (whichever comes first): |
|---|---|
| 18,001-36,000 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 |
This warranty period starts from the date of purchase and is designed to give you peace of mind in the initial period of ownership.
Covered Parts
The warranty isn’t a bumper-to-bumper guarantee, but it does cover significant components of the vehicle. By law, a New York auto dealer must provide a written warranty that covers the following essential parts:
- Engine: Including lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and flywheel.
- Transmission: Covering the transmission case, internal parts, and torque converter.
- Drive Axle: Including front and rear axle housings and internal parts, axle shafts, propeller shafts, and universal joints.
- Brakes: Covering the master cylinder, vacuum-assist booster wheel cylinders, hydraulic lines and fittings, and disc brake caliper.
- Steering: Including the steering-gear housing and all internal parts, power steering pump, valve body, piston, and rack.
- Other Parts: Such as the radiator, alternator, generator, starter, and ignition system (excluding the battery).
This coverage is quite comprehensive and addresses the most critical systems of a vehicle.
Dealership Repair Obligations
Under the used car lemon law, dealerships are not just obligated to provide a warranty; they are also required to perform the necessary repairs on covered parts if a defect arises during the warranty period.
What is a “Reasonable” Repair Attempt?
The law recognizes that repairs can sometimes be complex and take time. However, it also defines what constitutes a “reasonable” attempt to repair a used car. A dealership is considered to have had a reasonable chance to repair the vehicle if either of the following situations occurs:
- The same problem persists even after three or more repair attempts.
- The car is out of service for a cumulative total of 15 days or more because the problem remains unfixed. This timeframe might be extended if the dealer faces delays in obtaining necessary parts.
If either of these conditions is met, and the dealer is unable to repair the defect, you may have the right to request arbitration and potentially receive a full refund for the vehicle.
Situations Where Dealers May Not Be Obligated
While the lemon law offers strong protection, there are a couple of exceptions where a dealer might not be required to provide a refund:
- If the problem you are experiencing does not substantially reduce the car’s value to you. This is a subjective criterion but generally refers to minor issues that don’t significantly impact the vehicle’s functionality or reliability.
- If the problem is a direct result of abuse, neglect, or unauthorized modifications made to the car after you purchased it. The warranty is intended to cover pre-existing defects or issues that arise from normal use, not damage caused by misuse.
Steps to Take If You Have a Problem
If you notice an issue with your used car that you believe is covered under warranty, it’s important to act promptly and correctly.
Reporting Issues and Record Keeping
- Immediately report the problem: As soon as you identify a defect in a covered part, notify the dealership and request the necessary repairs. It’s crucial to do this within the warranty period. If you inform the dealer during the warranty period, they are obligated to perform the repair, even if the warranty expires before the repair is completed.
- Keep detailed records: Maintain meticulous records of all complaints you make to the dealership, along with copies of all work orders, repair bills, and any correspondence (emails, letters, etc.). This documentation is vital if you need to pursue arbitration or other legal remedies later.
Arbitration as a Last Resort
If the dealership is unable to repair the issue after a reasonable number of attempts, and you believe you are entitled to a refund, you can request arbitration. In New York, you can initiate this process by contacting the Attorney General’s office.
To request arbitration, you typically need to complete a form detailing the problem and submit it to the Attorney General’s Lemon Law Unit. You can email the form to [email protected] or mail it to:
Office of the New York State Attorney General
Lemon Law Unit
28 Liberty Street
New York, NY 10005
Arbitration is designed to be a less formal and more efficient way to resolve disputes than going to court.
In conclusion, if you’re in New York and purchased a used car from a dealership, the answer to “will a dealership repair a used car?” is likely yes, if the car and the issue fall under the state’s lemon law. Understanding your warranty rights and keeping proper records are key to ensuring you receive the protection you are entitled to under the law. This law is in place to protect consumers and ensure dealerships uphold certain standards when selling used vehicles.
