New York Lemon Law Tips

08Apr09

As with most state lemon laws, the New York Lemon Law is aimed at protecting the rights of consumers. Kimmel and Silverman has been in the Lemon Law game since 1991 and are now adding New York to their already comprehensive list. For those of you who are not familiar with the Lemon Law but are wondering what to do with that car that just seems to keep ending up at the mechanics, we have some tried, true and trusted tips for you.

While the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly, this does not mean that you have to suffer. Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary. In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action. It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described. Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything. Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it. If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice. UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice. These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.) Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws. If you feel as though you are being stalled in your repair efforts, go ahead and call 1800-Lemon-Law or head on over to www.lemonlaw.com

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