There is a newer version of the New York Consolidated Laws
2006 New York Code - Warranties.
§ 198-a. Warranties. (a) As used in this section:
(1) "Consumer" means the purchaser, lessee or transferee, other than
for purposes of resale, of a motor vehicle which is used primarily for
personal, family or household purposes and any other person entitled by
the terms of the manufacturer's warranty to enforce the obligations of
such warranty;
(2) "Motor vehicle" means a motor vehicle excluding off-road vehicles,
which was subject to a manufacturer's express warranty at the time of
original delivery and either (i) was purchased, leased or transferred in
this state within either the first eighteen thousand miles of operation
or two years from the date of original delivery, whichever is earlier,
or (ii) is registered in this state;
(3) "Manufacturer's express warranty" or "warranty" means the written
warranty, so labeled, of the manufacturer of a new motor vehicle,
including any terms or conditions precedent to the enforcement of
obligations under that warranty.
(4) "Mileage deduction formula" means the mileage which is in excess
of twelve thousand miles times the purchase price, or the lease price if
applicable, of the vehicle divided by one hundred thousand miles.
(5) "Lessee" means any consumer who leases a motor vehicle pursuant to
a written lease agreement which provides that the lessee is responsible
for repairs to such motor vehicle.
(6) "Lease price" means the aggregate of:
(i) the lessor's actual purchase cost;
(ii) the freight cost, if applicable;
(iii) the cost for accessories, if applicable;
(iv) any fee paid to another to obtain the lease; and
(v) an amount equal to five percent of the lessor's actual purchase
cost as prescribed in subparagraph (i) of this paragraph.
(7) "Service fees" means the portion of a lease payment attributable
to: (i) an amount for earned interest calculated on the rental payments
previously paid to the lessor for the leased vehicle at an annual rate
equal to two points above the prime rate in effect on the date of the
execution of the lease; and
(ii) any insurance or other costs expended by the lessor for the
benefit of the lessee.
(8) "Capitalized cost" means the aggregate deposit and rental payments
previously paid to the lessor for the leased vehicle less service fees.
(b) (1) If a new motor vehicle which is sold and registered in this
state does not conform to all express warranties during the first
eighteen thousand miles of operation or during the period of two years
following the date of original delivery of the motor vehicle to such
consumer, whichever is the earlier date, the consumer shall during such
period report the nonconformity, defect or condition to the
manufacturer, its agent or its authorized dealer. If the notification is
received by the manufacturer's agent or authorized dealer, the agent or
dealer shall within seven days forward written notice thereof to the
manufacturer by certified mail, return receipt requested, and shall
include in such notice a statement indicating whether or not such
repairs have been undertaken. The manufacturer, its agent or its
authorized dealer shall correct said nonconformity, defect or condition
at no charge to the consumer, notwithstanding the fact that such repairs
are made after the expiration of such period of operation or such two
year period.
(2) If a manufacturer's agent or authorized dealer refuses to
undertake repairs within seven days of receipt of the notice by a
consumer of a nonconformity, defect or condition pursuant to paragraph
one of this subdivision, the consumer may immediately forward written
notice of such refusal to the manufacturer by certified mail, return
receipt requested. The manufacturer or its authorized agent shall have
twenty days from receipt of such notice of refusal to commence such
repairs. If within such twenty day period, the manufacturer or its
authorized agent fails to commence such repairs, the manufacturer, at
the option of the consumer, shall replace the motor vehicle with a
comparable motor vehicle, or accept return of the vehicle from the
consumer and refund to the consumer the full purchase price or, if
applicable, the lease price and any trade-in allowance plus fees and
charges. Such fees and charges shall include but not be limited to all
license fees, registration fees and any similar governmental charges,
less an allowance for the consumer's use of the vehicle in excess of the
first twelve thousand miles of operation pursuant to the mileage
deduction formula defined in paragraph four of subdivision (a) of this
section, and a reasonable allowance for any damage not attributable to
normal wear or improvements.
(c) (1) If, within the period specified in subdivision (b) of this
section, the manufacturer or its agents or authorized dealers are unable
to repair or correct any defect or condition which substantially impairs
the value of the motor vehicle to the consumer after a reasonable number
of attempts, the manufacturer, at the option of the consumer, shall
replace the motor vehicle with a comparable motor vehicle, or accept
return of the vehicle from the consumer and refund to the consumer the
full purchase price or, if applicable, the lease price and any trade-in
allowance plus fees and charges. Any return of a motor vehicle may, at
the option of the consumer, be made to the dealer or other authorized
agent of the manufacturer who sold such vehicle to the consumer or to
the dealer or other authorized agent who attempted to repair or correct
the defect or condition which necessitated the return and shall not be
subject to any further shipping charges. Such fees and charges shall
include but not be limited to all license fees, registration fees and
any similar governmental charges, less an allowance for the consumer's
use of the vehicle in excess of the first twelve thousand miles of
operation pursuant to the mileage deduction formula defined in paragraph
four of subdivision (a) of this section, and a reasonable allowance for
any damage not attributable to normal wear or improvements.
(2) A manufacturer which accepts return of the motor vehicle because
the motor vehicle does not conform to its warranty shall notify the
commissioner of the department of motor vehicles that the motor vehicle
was returned to the manufacturer for nonconformity to its warranty and
shall disclose, in accordance with the provisions of section four
hundred seventeen-a of the vehicle and traffic law prior to resale
either at wholesale or retail, that it was previously returned to the
manufacturer for nonconformity to its warranty. Refunds shall be made to
the consumer and lienholder, if any, as their interests may appear on
the records of ownership kept by the department of motor vehicles.
Refunds shall be accompanied by the proper application for credit or
refund of state and local sales taxes as published by the department of
taxation and finance and by a notice that the sales tax paid on the
purchase price, lease price or portion thereof being refunded is
refundable by the commissioner of taxation and finance in accordance
with the provisions of subdivision (f) of section eleven hundred
thirty-nine of the tax law. If applicable, refunds shall be made to the
lessor and lessee as their interests may appear on the records of
ownership kept by the department of motor vehicles, as follows: the
lessee shall receive the capitalized cost and the lessor shall receive
the lease price less the aggregate deposit and rental payments
previously paid to the lessor for the leased vehicle. The terms of the
lease shall be deemed terminated contemporaneously with the date of the
arbitrator's decision and award and no penalty for early termination
shall be assessed as a result thereof. Refunds shall be accompanied by
the proper application form for credit or refund of state and local
sales tax as published by the department of taxation and finance and a
notice that the sales tax paid on the lease price or portion thereof
being refunded is refundable by the commissioner of taxation and finance
in accordance with the provisions of subdivision (f) of section eleven
hundred thirty-nine of the tax law.
(3) It shall be an affirmative defense to any claim under this section
that:
(i) the nonconformity, defect or condition does not substantially
impair such value; or
(ii) the nonconformity, defect or condition is the result of abuse,
neglect or unauthorized modifications or alterations of the motor
vehicle.
(d) It shall be presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable express
warranties, if:
(1) the same nonconformity, defect or condition has been subject to
repair four or more times by the manufacturer or its agents or
authorized dealers within the first eighteen thousand miles of operation
or during the period of two years following the date of original
delivery of the motor vehicle to a consumer, whichever is the earlier
date, but such nonconformity, defect or condition continues to exist; or
(2) the vehicle is out of service by reason of repair of one or more
nonconformities, defects or conditions for a cumulative total of thirty
or more calendar days during either period, whichever is the earlier
date.
(e) The term of an express warranty, the two year warranty period and
the thirty day out of service period shall be extended by any time
during which repair services are not available to the consumer because
of a war, invasion or strike, fire, flood or other natural disaster.
(f) Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a consumer under any other
law.
(g) If a manufacturer has established an informal dispute settlement
mechanism, such mechanism shall comply in all respects with the
provisions of this section and the provisions of subdivision (c) of this
section concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such mechanism. In the event that
an arbitrator in such an informal dispute mechanism awards a refund or
replacement vehicle, he or she shall not reduce the award to an amount
less than the full purchase price or the lease price, if applicable, or
a vehicle of equal value, plus all fees and charges except to the extent
such reductions are specifically permitted under subdivision (c) of this
section.
(h) A manufacturer shall have up to thirty days from the date the
consumer notifies the manufacturer of his or her acceptance of the
arbitrator's decision to comply with the terms of that decision. Failure
to comply with the thirty day limitation shall also entitle the consumer
to recover a fee of twenty-five dollars for each business day of
noncompliance up to five hundred dollars. Provided, however, that
nothing contained in this subdivision shall impose any liability on a
manufacturer where a delay beyond the thirty day period is attributable
to a consumer who has requested a replacement vehicle built to order or
with options that are not comparable to the vehicle being replaced or
otherwise made compliance impossible within said period. In no event
shall a consumer who has resorted to an informal dispute settlement
mechanism be precluded from seeking the rights or remedies available by
law.
(i) Any agreement entered into by a consumer for the purchase of a new
motor vehicle which waives, limits or disclaims the rights set forth in
this section shall be void as contrary to public policy. Said rights
shall inure to a subsequent transferee of such motor vehicle.
Any provision of any agreement entered into by a consumer for the
purchase of a new motor vehicle which includes as an additional cost for
such motor vehicle an expense identified as being for the purpose of
affording such consumer his or her rights under this section, shall be
void as contrary to public policy.
(j) Any action brought pursuant to this section shall be commenced
within four years of the date of original delivery of the motor vehicle
to the consumer.
(k) Each consumer shall have the option of submitting any dispute
arising under this section upon the payment of a prescribed filing fee
to an alternate arbitration mechanism established pursuant to
regulations promulgated hereunder by the New York state attorney
general. Upon application of the consumer and payment of the filing fee,
all manufacturers shall submit to such alternate arbitration.
Such alternate arbitration shall be conducted by a professional
arbitrator or arbitration firm appointed by and under regulations
established by the New York state attorney general. Such mechanism shall
insure the personal objectivity of its arbitrators and the right of each
party to present its case, to be in attendance during any presentation
made by the other party and to rebut or refute such presentation. In all
other respects, such alternate arbitration mechanism shall be governed
by article seventy-five of the civil practice law and rules; provided,
however, that notwithstanding paragraph (i) of subdivision (a) of
section seventy-five hundred two of the civil practice law and rules,
special proceedings brought before a court pursuant to such article
seventy-five in relation to an arbitration hereunder shall be brought
only in the county where the consumer resides or where the arbitration
was held or is pending.
(l) A court may award reasonable attorney's fees to a prevailing
plaintiff or to a consumer who prevails in any judicial action or
proceeding arising out of an arbitration proceeding held pursuant to
subdivision (k) of this section. In the event a prevailing plaintiff is
required to retain the services of an attorney to enforce collection of
an award granted pursuant to this section, the court may assess against
the manufacturer reasonable attorney's fees for services rendered to
enforce collection of said award.
(m) (1) Each manufacturer shall require that each informal dispute
settlement mechanism used by it provide, at a minimum, the following:
(i) that the arbitrators participating in such mechanism are trained
in arbitration and familiar with the provisions of this section, that
the arbitrators and consumers who request arbitration are provided with
a written copy of the provisions of this section, together with the
notice set forth below entitled "NEW CAR LEMON LAW BILL OF RIGHTS", and
that consumers, upon request, are given an opportunity to make an oral
presentation to the arbitrator;
(ii) that the rights and procedures used in the mechanism comply with
federal regulations promulgated by the federal trade commission relating
to informal dispute settlement mechanisms; and
(iii) that the remedies set forth under subdivision (c) of this
section are awarded if, after a reasonable number of attempts have been
undertaken under subdivision (d) of this section to conform the vehicle
to the express warranties, the defect or nonconformity still exists.
(2) The following notice shall be provided to consumers and
arbitrators and shall be printed in conspicuous ten point bold face
type:
NEW CAR LEMON LAW BILL OF RIGHTS
(1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR
NEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED
AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS,
WHICHEVER COMES FIRST.
(2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR
AUTHORIZED DEALER.
(3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.
(4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE
ATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A
TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER
OR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN
TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO
EITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE
AND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS
BEEN DRIVEN MORE THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS
MAY APPLY TO MOTOR HOMES.
(5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY
ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.
(6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND
YOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE
VALUE OF YOUR CAR.
(7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE
MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR
PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.
(8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU
MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S
FEES IF YOU PREVAIL.
(9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE
THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO
AN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY
HAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER
OFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR
INDEPENDENT ARBITRATION.
(3) All informal dispute settlement mechanisms shall maintain the
following records:
(i) the number of purchase price and lease price refunds and vehicle
replacements requested, the number of each awarded in arbitration, the
amount of each award and the number of awards that were complied with in
a timely manner;
(ii) the number of awards where additional repairs or a warranty
extension was the most prominent remedy, the amount or value of each
award, and the number of such awards that were complied with in a timely
manner;
(iii) the number and total dollar amount of awards where some form of
reimbursement for expenses or compensation for losses was the most
prominent remedy, the amount or value of each award and the number of
such awards that were complied with in a timely manner; and
(iv) the average number of days from the date of a consumer's initial
request to arbitrate until the date of the final arbitrator's decision
and the average number of days from the date of the final arbitrator's
decision to the date on which performance was satisfactorily carried
out.
(n) Special provisions applicable to motor homes:
(1) To the extent that the provisions of this subdivision are
inconsistent with the other provisions of this section, the provisions
of this subdivision shall apply.
(2) For purposes of this section, the manufacturer of a motor home is
any person, partnership, corporation, factory branch, or other entity
engaged in the business of manufacturing or assembling new motor homes
for sale in this state.
(3) This section does not apply to the living facilities of motor
homes, which are the portions thereof designed, used or maintained
primarily as living quarters and shall include, but not be limited to
the flooring, plumbing system and fixtures, roof air conditioner,
furnace, generator, electrical systems other than automotive circuits,
the side entrance door, exterior compartments, and windows other than
the windshield and driver and front passenger windows.
(4) If, within the first eighteen thousand miles of operation or
during the period of two years following the date of original delivery
of the motor vehicle to such consumer, whichever is the earlier date,
the manufacturer of a motor home or its agents or its authorized dealers
or repair shops to which they refer a consumer are unable to repair or
correct any covered defect or condition which substantially impairs the
value of the motor home to the consumer after a reasonable number of
attempts, the motor home manufacturer, at the option of the consumer,
shall replace the motor home with a comparable motor home, or accept
return of the motor home from the consumer and refund to the consumer
the full purchase price or, if applicable, the lease price and any
trade-in allowance plus fees and charges as well as the other fees and
charges set forth in paragraph one of subdivision (c) of this section.
(5) If an agent or authorized dealer of a motor home manufacturer or a
repair shop to which they refer a consumer refuses to undertake repairs
within seven days of receipt of notice by a consumer of a nonconformity,
defect or condition within the first eighteen thousand miles of
operation or during the period of two years following the date of
original delivery of the motor home to such consumer, whichever is the
earlier date, the consumer may immediately forward written notice of
such refusal to the motor home manufacturer by certified mail, return
receipt requested. The motor home manufacturer or its authorized agent
or a repair shop to which they refer a consumer shall have twenty days
from receipt of such notice of refusal to commence such repairs. If
within such twenty day period, the motor home manufacturer or its
authorized agent or repair shop to which they refer a consumer, fails to
commence such repairs, the motor home manufacturer, at the option of the
consumer, shall replace the motor home with a comparable motor home, or
accept return of the motor home from the consumer and refund to the
consumer the full purchase price or, if applicable, the lease price, and
any trade-in allowance or other charges, fees, or allowances. Such fees
and charges shall include but not be limited to all license fees,
registration fees, and any similar governmental charges, less an
allowance for the consumer's use of the vehicle in excess of the first
twelve thousand miles of operation pursuant to the mileage deduction
formula defined in paragraph four of subdivision (a) of this section,
and a reasonable allowance for any damage not attributable to normal
wear or improvements.
(6) If within the first eighteen thousand miles of operation or during
the period of two years following the date of original delivery of the
motor home to such consumer, whichever is the earlier date, the same
covered nonconformity, defect or condition in a motor home has been
subject to repair two times or a motor home has been out of service by
reason of repair for twenty-one days, whichever occurs first, the
consumer must have reported this to the motor home manufacturer or its
authorized dealer by certified mail, return receipt requested, and may
institute any proceeding or other action pursuant to this section if the
motor home has been out of service by reason of three repair attempts or
for at least thirty days. The special notification requirements of this
paragraph shall only apply if the manufacturer or its authorized dealer
provides a prior written copy of the requirements of this paragraph to
the consumer and receipt of the notice is acknowledged by the consumer
in writing. If the consumer who has received notice from the
manufacturer fails to comply with the special notification requirements
of this paragraph, additional repair attempts or days out of service by
reason of repair shall not be taken into account in determining whether
the consumer is entitled to a remedy provided in paragraph four of this
subdivision. However, additional repair attempts or days out of service
by reason of repair that occur after the consumer complies with such
special notification requirements shall be taken into account in making
that determination. It shall not count as a repair attempt if the repair
facility is not authorized by the applicable motor home manufacturer to
perform warranty work on the identified nonconformity. It shall count as
only one repair attempt for a motor home if the same nonconformity is
being addressed a second time due to the consumer's decision to continue
traveling and to seek the repair of the same nonconformity at another
repair facility rather than wait for the initial repair to be completed.
(7) Nothing in this section shall in any way limit any rights,
remedies or causes of action that a consumer or motor home manufacturer
may otherwise have against the manufacturer of the motor home's chassis,
or its propulsion and other components.
(8) (A) Each manufacturer shall require that each informal dispute
settlement mechanism used by it provide, at a minimum, the following:
(i) that the arbitrators participating in such mechanism are trained
in arbitration and familiar with the provisions of this section, that
the arbitrators and consumers who request arbitration are provided with
a written copy of the provisions of this section, together with the
notice set forth below entitled "NEW MOTOR HOME LEMON LAW BILL OF
RIGHTS", and that consumers, upon request, are given an opportunity to
make an oral presentation to the arbitrator;
(ii) that the rights and procedures used in the mechanism comply with
federal regulations promulgated by the federal trade commission relating
to informal dispute settlement mechanisms; and
(iii) that the remedies set forth under subdivision (c) of this
section are awarded if, after a reasonable number of attempts have been
undertaken under subdivision (d) of this section to conform the vehicle
to the express warranties, the defect or nonconformity still exists.
(B) Notwithstanding the provisions of paragraph two of subdivision (m)
of this section, the following provision shall apply for purposes of
this subdivision:
The following notice shall be provided to consumers and arbitrators
and shall be printed in conspicuous ten point bold face type:
NEW MOTOR HOME LEMON LAW BILL OF RIGHTS
(1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR
NEW MOTOR HOME, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS
WARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR
TWO YEARS, WHICHEVER COMES FIRST. HOWEVER, THIS ADDITIONAL WARRANTY DOES
NOT APPLY TO THE LIVING FACILITIES OF MOTOR HOMES, WHICH ARE THE
PORTIONS THEREOF DESIGNED, USED OR MAINTAINED PRIMARILY AS LIVING
QUARTERS AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FLOORING, PLUMBING
SYSTEM AND FIXTURES, ROOF AIR CONDITIONER, FURNACE, GENERATOR,
ELECTRICAL SYSTEMS OTHER THAN AUTOMOTIVE CIRCUITS, THE SIDE ENTRANCE
DOOR, EXTERIOR COMPARTMENTS, AND WINDOWS OTHER THAN THE WINDSHIELD AND
DRIVER AND FRONT PASSENGER WINDOWS.
(2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR
AUTHORIZED DEALER.
(3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.
(4) IF, WITHIN THE FIRST EIGHTEEN THOUSAND MILES OF OPERATION OR
DURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY
OF THE MOTOR VEHICLE TO SUCH CONSUMER, WHICHEVER IS THE EARLIER DATE THE
MANUFACTURER OF A MOTOR HOME OR ITS AGENTS OR ITS AUTHORIZED DEALERS OR
REPAIR SHOPS TO WHICH THEY REFER A CONSUMER ARE UNABLE TO REPAIR OR
CORRECT ANY COVERED DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS THE
VALUE OF THE MOTOR HOME TO THE CONSUMER AFTER A REASONABLE NUMBER OF
ATTEMPTS, THE MOTOR HOME MANUFACTURER, AT THE OPTION OF THE CONSUMER,
SHALL REPLACE THE MOTOR HOME WITH A COMPARABLE MOTOR HOME, OR ACCEPT
RETURN OF THE MOTOR HOME FROM THE CONSUMER AND REFUND TO THE CONSUMER
THE FULL PURCHASE PRICE OR, IF APPLICABLE, THE LEASE PRICE AND ANY
TRADE-IN ALLOWANCE, PLUS FEES AND CHARGES, AS WELL AS THE OTHER FEES AND
CHARGES, INCLUDING BUT NOT LIMITED TO ALL LICENSE FEES, REGISTRATION
FEES, AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS AN ALLOWANCE FOR THE
CONSUMER'S USE OF THE VEHICLE IN EXCESS OF TWELVE THOUSAND MILES TIMES
THE PURCHASE PRICE, OR THE LEASE PRICE IF APPLICABLE, OF THE VEHICLE
DIVIDED BY ONE HUNDRED THOUSAND MILES, AND A REASONABLE ALLOWANCE FOR
ANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.
(5) SPECIAL NOTICE PROVISION: IF WITHIN EIGHTEEN THOUSAND MILES OR TWO
YEARS, WHICHEVER COMES FIRST, THE SAME COVERED NONCONFORMITY, DEFECT OR
CONDITION IN YOUR MOTOR HOME HAS BEEN SUBJECT TO REPAIR TWO TIMES OR
YOUR MOTOR HOME HAS BEEN OUT OF SERVICE BY REASON OF REPAIR FOR
TWENTY-ONE DAYS, WHICHEVER COMES FIRST, YOU MUST HAVE REPORTED THIS TO
THE MOTOR HOME MANUFACTURER OR ITS AUTHORIZED DEALER BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, AND YOU MAY INSTITUTE ANY PROCEEDING OR OTHER
ACTION PURSUANT TO THE LEMON LAW IF THE MOTOR HOME HAS BEEN OUT OF
SERVICE BY REASON OF THREE REPAIR ATTEMPTS OR FOR AT LEAST THIRTY DAYS.
THIS SPECIAL NOTICE REQUIREMENT SHALL ONLY APPLY IF THE MANUFACTURER OR
ITS AUTHORIZED DEALER PROVIDES WRITTEN COPY OF THE REQUIREMENTS OF THIS
PARAGRAPH TO YOU AND RECEIPT OF NOTICE IS ACKNOWLEDGED BY YOU IN
WRITING. IF YOU FAIL TO COMPLY WITH THE SPECIAL NOTIFICATION
REQUIREMENTS OF THIS PARAGRAPH, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT
OF SERVICE BY REASON OF REPAIR SHALL NOT BE TAKEN INTO ACCOUNT IN
DETERMINING WHETHER YOU ARE ENTITLED TO A REMEDY PROVIDED IN PARAGRAPH
FOUR. HOWEVER, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT OF SERVICE BY
REASON OF REPAIR THAT OCCUR AFTER YOU COMPLY WITH SUCH SPECIAL
NOTIFICATION REQUIREMENTS SHALL BE TAKEN INTO ACCOUNT IN MAKING THAT
DETERMINATION.
NOTICE TO THE MANUFACTURER SHOULD BE SENT TO THE FOLLOWING:
NOTICE TO THE DEALER SHOULD BE SENT TO THE FOLLOWING:
(6) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY
ABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE MOTOR HOME.
(7) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR
REFUND YOUR PURCHASE PRICE IF THE PROBLEM IS NOT COVERED BY THE LEMON
LAW OR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR MOTOR HOME.
(8) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE
MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR REFUND
YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.
(9) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU
MAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S
FEES IF YOU PREVAIL.
(10) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(11) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE
THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO
AN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY
HAVE TO PAY A FEE FOR SUCH ARBITRATION. CONTACT YOUR LOCAL CONSUMER
OFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR
INDEPENDENT ARBITRATION.
(o) At the time of purchase or lease of a motor vehicle from an
authorized dealer in this state, the manufacturer shall provide to the
dealer or leaseholder, and the dealer or leaseholder shall provide to
the consumer a notice, printed in not less than eight point bold face
type, entitled "New Car Lemon Law Bill of Rights". The text of such
notice shall be identical with the notice required by paragraph two of
subdivision (m) of this section.
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