Used Car Warranty Rights
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im talking about the NY state warranty
In New York, a used car dealer cannot buy you out of the New York State Used Car Warranty. The warranty is mandated by the state for used cars that meet certain conditions. It cannot be waived unless replaced with a service contract or another warranty.
would this include a cash offer
No, a cash offer would not exempt the dealer from the obligations of the New York State Used Car Warranty. The warranty is a legal requirement and is not negotiable with cash or other incentives.
so if i accept money i will still have the NY state used car warranty
Yes, accepting money does not void your rights to the New York State Used Car Warranty. The warranty is a legal requirement for eligible used cars, regardless of any additional transactions or incentives.
what if i sign a contract stating the dealer id no longer responsible
In New York, if you sign a contract stating the dealer is no longer responsible, it will not waive the New York State Used Car Warranty. This warranty is mandated by law and cannot be waived unless replaced with a service contract or another warranty.
where can i find this law written
You can find the New York State Used Car Warranty laws written in the New York State Consolidated Laws, Vehicle and Traffic (VAT) section *-b. You can access it online on government websites or legal databases like FindLaw.
can i return the vehicle
In New York, the "lemon law" allows you to return a used car if it has significant issues within the first 90 days or *,* miles, whichever comes first. However, the law applies only to defects that impair the use, value, or safety of the vehicle.
will i get a full refund including taxes and fees
In New York, the Lemon Law states that if a car is returned due to substantial defects, the consumer is entitled to a full refund, including the down payment, trade-in, monthly payments and costs for any additional options or equipment.
does this include taxes
Yes, under the New York Lemon Law, if the car is returned due to substantial defects, the refund will include all charges for taxes and official fees.
what if the dealer refuses
If a dealer in New York refuses to comply with the Lemon Law, you can file a complaint with the New York State Attorney General's Office or pursue a civil lawsuit for breach of warranty.
how do i do that
To file a complaint with the New York State Attorney General's Office, you can:
- File online through the Office's website.
- Call their hotline at (*) *-*.
- Mail a complaint form to the Office.
For a civil lawsuit, you may want to consult with a lawyer.
- File online through the Office's website.
- Call their hotline at (*) *-*.
- Mail a complaint form to the Office.
For a civil lawsuit, you may want to consult with a lawyer.
can you get free legal representation for this
In New York, you may be able to obtain free legal representation for this matter. Legal aid societies and pro bono programs often provide free services for low-income individuals. Additionally, some local bar associations have lawyer referral services that can help you find representation on a sliding scale or pro bono basis.
do i need a lawyer for arbitration
While it's not required to have a lawyer in arbitration, it can be beneficial due to the legal complexities involved. A lawyer can help present your case effectively and ensure your rights are protected. However, it's ultimately your decision.
can i sue further for the cost of my lawyer costs
In New York, if you prevail in a lawsuit, you may be able to recover attorney's fees if your contract or the law allows it. However, this is not always guaranteed and depends on the specific circumstances of your case.