Buying a new car, or a car that is new to you, can be an exciting and exhausting experience. It's a lot to take in — going for test drives, comparing different options, and picking out the car that is right for you. Mark Warren about what to do when buying your next used vehicle.
Used Car Lemon Law Fact Sheet
Email C. Mark Warren at cmark warrenandgriffin. Home Attorneys C. England Ryan M. Farrow A. Walker Derek M. This is a myth! Passenger cars built from custom kits are not considered reconstructed vehicles.
For all other titled vehicles, the odometer mileage reported during the vehicle's most recent transfer of ownership is printed on the front of its New York State Certificate of Title MV Vehicle price is not controlled by any government agency. Take time to choose a vehicle that meets your needs and budget.
Then take it for a test drive. If you are knowledgeable, examine the engine, transmission, drive axles, steering and suspension, brakes and electrical system.
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If you do not know what to look for, it may be wise to pay a professional automotive technician to examine the vehicle. Before you buy from a dealer, find out about dealer or manufacturer warranties, what they cover, and for how long. Ask if the dealer performs service or subcontracts to a repair shop.
Be sure all agreements, guarantees and warranties are in writing. If you decide the vehicle is in good condition and worth the price, be sure the seller has the proper ownership and transfer documents. Ask the seller, and examine the title certificate, for information about unsatisfied liens bank loans, etc. Carefully examine all documents before you pay for the vehicle. In a private sale, have the seller make out a bill of sale in addition to the ownership and sales tax documents. For a used vehicle purchased from a New York State registered dealer - the proof of ownership is the Certificate of Title MV , or a transferable registration for and older models, signed over to the dealer, and the dealer's Certificate of Sale MV showing ownership transfer to you.
The dealer must complete, and you must acknowledge by signing, the appropriate odometer and damage disclosure statements.
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For a used vehicle bought from a private seller - the proof of ownership is the Certificate of Title MV , or a transferable registration for or older models, signed over to you. The seller must complete, and you must acknowledge by signing, the appropriate odometer and damage disclosure statements.
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A motor vehicle office will not accept a title certificate if the appropriate odometer or damage disclosure statement is not completed, or if any information on the title is altered, erased, or crossed out, including any name or signature. If you have a concern or question about the title, registration, sales tax or proof of ownership, contact the DMV Call Center or any motor vehicle office before you buy the vehicle. Before you trade in or sell your old vehicle, be sure to remove the license plates and the windshield registration sticker, which shows your plate number.
This will help prevent you from being charged with parking tickets that do not belong to you. Turn in the plates to a motor vehicle office unless you are transferring them to a replacement vehicle.
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Always turn in your plates before you cancel liability insurance or before the insurance lapses. If you do not, your registration will be suspended, and your driver license could be suspended as well. When transferring the vehicle's title certificate to a new owner, you must fill out the appropriate odometer and damage disclosure statements, and sign your name at "Seller's Signature. If you have a complaint about your vehicle, bring it to the attention of the dealership management right away. Keep a record of all contacts with the dealer about the vehicle and any repairs or adjustments made.
Keep copies of all work orders and invoices as proof of your attempts to resolve the problem. If your complaint concerns a repair, you must file it with the Department of Motor Vehicles within 90 days or 3, miles of the repair, whichever comes first.
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If your complaint does not fall within its jurisdiction, DMV will refer you to the proper agency. New York State's new and used car lemon laws provide legal remedies for consumers who buy or lease cars. If a car does not live up to the written warranty and cannot be repaired - or if it has not been repaired correctly after a reasonable number of attempts - the consumer could receive a refund or replacement car. Department of Motor Vehicles Navigation menu. Let the Buyer be Aware. A dealer also must: have the vehicle inspected before selling it to a retail customer, even if the vehicle is new.
The inspection must be done within 30 days of the date of sale and before you take delivery. While many state lemon laws only cover express warranties, in some instances, the MMWA applies to implied warranties, which is helpful if your vehicle is outside of the written warranty. As with state lemon laws, under the MMWA the dealer gets a reasonable opportunity to fix the problem. Instead, you can seek a refund of the purchase price, as well as attorney fees, in some cases.
Some states have consumer protection laws that prohibit dealers from misrepresenting the condition of the car. So if your car repeatedly breaks down after your warranty expires, or if you bought a used car as-is and did not get a service plan, you might be entitled to some form of relief. For an overview of consumer resources, see Consumer Protection Laws.
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By Stephanie Lane. Find out how state and federal law can help you when your new car turns out to be a clunker. Is Your Car a "Lemon"? How Lemon Laws Protect You Most state and federal lemon laws enforce an existing warranty on the car. State Lemon Laws Many states have lemon laws that protect you if a dealer sells you a defective car that came with an express warranty. For example, in Ohio, one of the following conditions must be met before you can seek relief under its lemon law: The car was in the shop for 30 continuous days or more. The car was in the shop on three occasions for the same problem.
The car was in the shop at least eight times for different problems.
The car was in the shop once for a problem severe enough to affect its safety. California's version is slightly different. One of the following conditions must apply: The car was in the shop for 30 continuous days or more.
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The car was in the shop four times for the same problem. The car was in the shop twice for a problem severe enough to affect its safety. If your vehicle qualifies as a lemon and the problem persists even after you gave the dealer or maker a reasonable opportunity to fix it, then you might be entitled to the following: a refund of the car's purchase price, or replacement of the vehicle.
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