Lemon Law Demand Letter - New York

NEW YORK NEW CAR LEMON LAW DEMAND

SEND BY TRACKED DELIVERY AND RETAIN PROOF OF RECEIPT

IF INVOKING § 198-a(b)(2), SEND BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

To Manufacturer:

[MANUFACTURER'S FULL LEGAL NAME]

Attn: Warranty Claims / Lemon Law Department

[ADDRESS]

Copy to Authorized Dealer:

[DEALER NAME]

Attn: General Manager / Service Manager

[ADDRESS]

Re: New York New Car Lemon Law demand — GBL § 198-a

Consumer: [NAME]

Vehicle: [YEAR / MAKE / MODEL]

VIN: [VIN]

Original delivery: [DATE]

Current odometer: [MILES]

Dear Sir or Madam:

I represent [CONSUMER] concerning the Vehicle identified above. The manufacturer, its agents, or its authorized dealers have been unable to correct a warranty-covered defect or condition that substantially impairs the Vehicle's value after a reasonable number of attempts. The Consumer demands the remedy elected below under GBL § 198-a(c).

1. CONSUMER AND COVERED VEHICLE

The Consumer is the [NON-RESALE PURCHASER / QUALIFYING LESSEE / NON-RESALE TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE IT] and uses the Vehicle primarily for personal, family, or household purposes. GBL § 198-a(a)(1).

If the Consumer is a lessee, the written lease makes the Consumer responsible for repairs. GBL § 198-a(a)(5).

At original delivery, the Vehicle was new and subject to the manufacturer's express written warranty. It was sold and registered in New York and is not an off-road vehicle.

2. TIMELY REPORT AND REPAIR DUTY

The Vehicle reached 18,000 miles on [DATE]. The second anniversary of original delivery was [DATE]. The earlier date was [DATE].

Before that earlier date, the Consumer reported the following nonconformity, defect, or condition to [MANUFACTURER / AGENT / AUTHORIZED DEALER]: [DESCRIBE PRECISELY].

GBL § 198-a(b)(1) required the manufacturer, its agent, or its authorized dealer to correct the timely reported problem without charge, even if the repair occurred after the 18,000-mile or two-year period.

3. SUBSTANTIAL IMPAIRMENT AND DEFENSE FACTS

The uncorrected defect or condition is:

[DETAILS]

It substantially impairs the Vehicle's value to the Consumer as follows: [DETAILS].

It did not result from abuse, neglect, or unauthorized modification or alteration by the Consumer.

4. REPAIR HISTORY

The substantially value-impairing defect or condition continues to exist as follows: [DETAILS].

5. REASONABLE-NUMBER PRESUMPTION

Select each supported ground under GBL § 198-a(d), measured within the earlier of 18,000 miles or two years after original delivery:

• ☐ Four repairs. The same nonconformity, defect, or condition was subject to repair four or more times by the manufacturer, its agents, or its authorized dealers and continues to exist.
• ☐ Thirty calendar days. The Vehicle was out of service by reason of repair of one or more nonconformities, defects, or conditions for at least 30 cumulative calendar days.
• ☐ Independent showing. Even if a presumption is disputed, the attached record shows a reasonable number of unsuccessful attempts: [DETAILS].

Any extension under GBL § 198-a(e) is limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or other natural disaster. Applicable extension: [NONE / DETAILS].

New York has no reduced repair-count presumption for a serious safety defect. Safety facts may help show impairment of value but do not replace the statutory repair history.

6. OPTIONAL REPAIR-REFUSAL ROUTE

Complete this section only if an agent or authorized dealer refused to undertake repairs within seven days after receiving the Consumer's notice:

• ☐ The agent or dealer received notice on [DATE] and refused or failed to undertake repairs within seven days.
• ☐ This letter gives the manufacturer immediate written notice of that refusal by certified mail, return receipt requested, under GBL § 198-a(b)(2).
• ☐ The manufacturer or its authorized agent must commence repairs within 20 days after receipt. If it does not, the Consumer elects the replacement or refund marked below.

Delete this section if the claim instead rests on the ordinary reasonable-attempt route in GBL § 198-a(c)-(d). That route has no general consumer-certified-mail or final-repair requirement.

7. INFORMAL DISPUTE-SETTLEMENT MECHANISM

Under GBL § 198-a(g), a consumer must first resort to a manufacturer-established informal dispute-settlement mechanism before the subdivision (c) remedy applies if the manufacturer has established such a mechanism.

Select the applicable status:

• ☐ No manufacturer mechanism has been identified. Please identify any mechanism the manufacturer contends applies and provide its current rules.
• ☐ The manufacturer identified [PROGRAM]. The Consumer submitted the claim on [DATE]; the proceeding ended on [DATE] with [RESULT].
• ☐ The Consumer is submitting the claim to [PROGRAM] concurrently with this demand.

The separate Attorney General alternate-arbitration mechanism under GBL § 198-a(k) is optional, requires the prescribed filing fee, and is governed by Article 75. This demand is not an application for that program.

8. CONSUMER'S ELECTION AND REFUND CALCULATION

Under GBL § 198-a(c)(1), the Consumer elects:

• ☐ Comparable replacement vehicle
• ☐ Return and refund

For a purchased Vehicle, the refund calculation is:

The mileage deduction under GBL § 198-a(a)(4) is zero through 12,000 miles. Above 12,000 miles, it equals:

([TOTAL MILES] − 12,000) × $[PURCHASE PRICE] ÷ 100,000 = $[DEDUCTION]

The formula uses total mileage, not mileage at the first repair attempt.

A purchased-Vehicle refund must be paid to the Consumer and any lienholder as their interests appear in the ownership records. It must be accompanied by the proper application for credit or refund of state and local sales taxes and the statutory notice that the refunded sales tax is refundable by the Department of Taxation and Finance.

For a leased Vehicle, replace the purchase table with the allocation required by GBL § 198-a(c)(2): the Consumer receives the capitalized cost; the lessor receives the lease price less aggregate deposit and rental payments previously paid; the Consumer requests termination without an early-termination penalty as provided by the section; and the refund includes the required sales-tax application and notice.

This state-law demand does not add finance charges, replacement-vehicle taxes or fees, rental or towing costs, incidental or consequential damages, or expert fees to the § 198-a(c) calculation.

9. DEADLINE, FEES, AND RESPONSE

An action under GBL § 198-a must commence within four years after original delivery. GBL § 198-a(j).

If the Consumer prevails in a judicial action, the court may award reasonable attorney fees under GBL § 198-a(l).

Please respond in writing by [DATE] with:

1. The manufacturer's position on the repair and out-of-service history;
2. The identity and current rules of any manufacturer mechanism;
3. The manufacturer's response to the Consumer's remedy election; and
4. If refund is elected, a calculation using only the statutory components and deductions.

This demand does not waive any other right or remedy preserved by GBL § 198-a(f). Each separate theory requires its own legal and factual basis.

Respectfully submitted,

[ATTORNEY NAME], New York Attorney Registration No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

10. ENCLOSURE CHECKLIST

• ☐ Purchase or lease, registration, warranty, use, and lien or lessor documents
• ☐ Repair orders and calendar-day calculation
• ☐ Current-condition and value-impairment evidence
• ☐ Prior reports and manufacturer communications
• ☐ Certified-mail refusal notice and receipt, only if invoking § 198-a(b)(2)
• ☐ Manufacturer-mechanism materials, if applicable
• ☐ Remedy election, refund, and mileage-deduction calculation
• ☐ Proof of delivery for this demand

11. SOURCES AND REFERENCES

• New York Senate — current GBL § 198-a
• New York Attorney General — New Car Lemon Law Guide