New York State Used Car Warranty Requirements

New York’s Used Car Lemon Law requires a licensed dealer to give you a written warranty, at no extra cost, on most used vehicles sold in the state. The New York used car warranty requirements are set by General Business Law Section 198-b: the warranty attaches automatically to any qualifying vehicle, runs for a period fixed by mileage, and covers the car’s major mechanical systems.¹ If the dealer can’t repair a covered defect after a reasonable number of tries, you’re entitled to a full refund.

Which Vehicles Trigger the Warranty

Not every used car sold in New York carries the statutory warranty. The vehicle has to meet all of these conditions:

Sold or leased by a dealer who has sold or offered at least three used vehicles in the previous 12 months. Private party sales are excluded.
Sold or leased for $1,500 or more.
Under 100,000 miles on the odometer at the time of sale, with the mileage disclosed in writing.
Bought primarily for personal, family, or household use.

The statute defines a “used motor vehicle” as one that has passed 18,000 miles or two years from original delivery, whichever came first.¹ A newer car may instead fall under the New Car Lemon Law.²

Motor homes, off-road vehicles, and historical vehicles as defined under the Vehicle and Traffic Law are excluded. Motorcycles have been covered since September 2004.³ Leased vehicles qualify, and the law protects both purchasers and lessees.¹

How Long the Warranty Must Last

The minimum warranty period is set by the odometer reading at the time of sale. The dealer cannot shorten it:⁴

18,001 to 36,000 miles: 90 days or 4,000 miles, whichever comes first.
36,001 to 79,999 miles: 60 days or 3,000 miles, whichever comes first.
80,000 to 100,000 miles: 30 days or 1,000 miles, whichever comes first.

The warranty has to be in writing, and it has to come at no extra charge beyond the price of the vehicle.¹ If a dealer offers to sell you a separate service contract that just duplicates this coverage, you’re being asked to pay for something you already own.

One more limit on dealer behavior worth knowing about: federal law requires a Buyer’s Guide posted in plain view on every used vehicle, showing whether it carries a warranty or is sold “as is.”⁵ A qualifying New York vehicle cannot be marked “as is.” If it is, the dealer is breaking both federal and state law.

Parts the Warranty Must Cover

The written warranty has to cover, at a minimum, the vehicle’s core mechanical systems. The dealer is responsible for repairing them or reimbursing the reasonable cost of repair:⁴

Engine: lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, and flywheel.
Transmission: transmission case, internal parts, and torque converter.
Drive axle: front and rear axle housings, axle shafts, propeller shafts, and universal joints.
Brakes: master cylinder, vacuum-assist booster, wheel cylinders, hydraulic lines, and disc brake calipers.
Steering: steering-gear housing, internal parts, power steering pump, valve body, piston, and rack.
Other parts: radiator, alternator, generator, starter, and the ignition system, excluding the battery.

A separate DMV rule pushes the coverage a little further. Every dealer must certify in writing that the vehicle is in condition to provide satisfactory service on public highways at the time of delivery, and that certification covers the whole car aside from defects obvious before the sale.⁶ If your car fails inspection right after purchase, that gives you leverage even for a part not on the Lemon Law list.

What the Warranty Does Not Cover

Wear-and-tear items are on you: brake pads, tires, wiper blades, and the battery. Damage from neglect or misuse is also excluded, so a missed oil change or an ignored dashboard warning can knock out an otherwise covered repair.

Cosmetic issues like paint defects, upholstery tears, and minor dents are outside the warranty. Accessories such as GPS units, infotainment systems, and heated seats generally aren’t covered unless the failure affects a listed part. Air conditioning is not on the statutory list.

How Repairs Work

When a covered part fails during the warranty period, notify the dealer in writing, describe the problem specifically, and keep a copy. The dealer must handle the repair at no cost to you, including diagnostic fees and labor.¹ Any charge for warranty-covered work violates state law.

Timing matters, and this catches people out. If you report a problem within the warranty period, the dealer has to fix it even if the warranty runs out before the repair is finished.⁴ What counts is the date you gave notice, not the date the work gets done.

When the Dealer Can’t Fix It

The law presumes the dealer has had a reasonable chance to repair the defect if either of these has happened:¹

The same defect has been brought in for repair three or more times during the warranty period and still isn’t fixed.
The vehicle has been out of service to you for a cumulative 15 days or more during the warranty because of repairs or the defect itself.

Days lost while the dealer was genuinely waiting for unavailable parts, and making a real effort to get them, don’t count toward the 15. But there is a hard ceiling. Once the vehicle has been out of service for 45 cumulative days, you’re entitled to a refund no matter what caused the delay.¹

The Refund You’re Owed

If the dealer fails to correct a defect that substantially impairs the vehicle’s value after a reasonable opportunity, the dealer must accept the vehicle back and refund:¹

The full purchase price, meaning cash paid plus, if the dealer will not return your trade-in, its wholesale value from the NADA Used Car Guide.
Sales or compensating use tax.

The dealer can deduct a reasonable allowance for damage beyond normal wear, and the refund is adjusted for modifications that changed the vehicle’s market value. There is no per-mile usage deduction under the used car statute. For a leased vehicle, the dealer must refund all payments made under the contract and cancel any future payments.¹

If you financed the purchase, the dealer typically pays off the remaining loan balance as part of the refund. Keep making payments to your lender until the payoff is confirmed so your credit isn’t damaged in the meantime.

If the Dealer Refuses

You can file a complaint with the New York State Attorney General’s Office, which mediates disputes with dealers.⁷⁸⁹ If those routes don’t work, a civil lawsuit remains open.

1
New York State Senate. New York Code GBS – Sale or Lease of Used Motor Vehicles
2
New York State Attorney General. New-Car Lemon Law Fact Sheet
3
Office of the Attorney General of New York. New Yorks Used Car Lemon Law – A Guide for Consumers
4
New York State Attorney General. Used-Car Lemon Law Fact Sheet
5
Federal Trade Commission. Dealers Guide to the Used Car Rule
6
New York State Department of Motor Vehicles (DMV). Let the Buyer Be Aware
7
New York State Attorney General. File a Complaint – Vehicle Lease or Purchase
8
New York State Attorney General. Lemon Law Program
9
New York State Dispute Resolution Association. Lemon Law Arbitration Program