Lemon Law Arbitration
Lemon Law Arbitration
Have A Lemon?
In NYS, the New Car, Used Car, Wheelchair, and Farm Equipment Lemon Laws provide a legal remedy for buyers or lessees of new and used cars that turn out to be lemons. If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts, you may be entitled to a full refund.
Unlike other available lemon law mediation programs, the NYSDRA-administered, Lemon Law Arbitration program is the only program that is managed under, and carries the force of, the New York State Attorney General’s Office.
Additionally, the reach of the New York State Attorney General Lemon Law Arbitration program is very broad. A dealer/manufacturer/leasing company, etc. is not required to be affiliated with or registered in any way with the New York State Attorney General Lemon Law Arbitration program in order to be a subject party to a lemon law claim. Consumers can bring a claim against any dealer/manufacturer/leasing company located anywhere in the state of New York.
Another key and important difference between the New York State Attorney General Lemon Law Arbitration program is that decisions rendered under the Attorney General’s Lemon Law Arbitration program are legally binding and enforceable. Decisions secured under other programs are not legally binding.
The Arbitration Process
The New York Program's dispute resolution process can be summarized in ten steps as follows:
- Consumer's Completion of Request-for-Arbitration Form
- Attorney General's Review
- Request for Filing Fee by Administrator (NYSDRA)
- Filing Date; Appointment of Arbitrator; Schedule of Hearing
- Notice of Claim Sent to Dealer; Dealer's Response; Consumer's Reply
- Pre-Hearing Discovery
- Hearing
- Decision
- Administrator's Review of Decision Form
- Modification and Appeal
NYS Attorney General's Guide to Using the NYS Arbitration Program