§ 198-A — Warranties

New York § 198-A

• Jurisdiction: New York
• Law GBS: General Business
• Art. 11-A: Motor Vehicle Manufacturers

Text

§ 198-a. Warranties. (a) As used in this section:\n (1) "Consumer" means the purchaser, lessee or transferee, other than\nfor purposes of resale, of a motor vehicle which is used primarily for\npersonal, family or household purposes and any other person entitled by\nthe terms of the manufacturer's warranty to enforce the obligations of\nsuch warranty;\n (2) "Motor vehicle" means a motor vehicle excluding off-road vehicles,\nwhich was subject to a manufacturer's express warranty at the time of\noriginal delivery and either (i) was purchased, leased or transferred in\nthis state within either the first eighteen thousand miles of operation\nor two years from the date of original delivery, whichever is earlier,\nor (ii) is registered in this state;\n (3) "Manufacturer's express warranty" or "warranty" means the written\nwarranty, so labeled, of the manufacturer of a new motor vehicle,\nincluding any terms or conditions precedent to the enforcement of\nobligations under that warranty.\n (4) "Mileage deduction formula" means the mileage which is in excess\nof twelve thousand miles times the purchase price, or the lease price if\napplicable, of the vehicle divided by one hundred thousand miles.\n (5) "Lessee" means any consumer who leases a motor vehicle pursuant to\na written lease agreement which provides that the lessee is responsible\nfor repairs to such motor vehicle.\n (6) "Lease price" means the aggregate of:\n (i) the lessor's actual purchase cost;\n (ii) the freight cost, if applicable;\n (iii) the cost for accessories, if applicable;\n (iv) any fee paid to another to obtain the lease; and\n (v) an amount equal to five percent of the lessor's actual purchase\ncost as prescribed in subparagraph (i) of this paragraph.\n (7) "Service fees" means the portion of a lease payment attributable\nto:\n (i) an amount for earned interest calculated on the rental payments\npreviously paid to the lessor for the leased vehicle at an annual rate\nequal to two points above the prime rate in effect on the date of the\nexecution of the lease; and\n (ii) any insurance or other costs expended by the lessor for the\nbenefit of the lessee.\n (8) "Capitalized cost" means the aggregate deposit and rental payments\npreviously paid to the lessor for the leased vehicle less service fees.\n (b) (1) If a new motor vehicle which is sold and registered in this\nstate does not conform to all express warranties during the first\neighteen thousand miles of operation or during the period of two years\nfollowing the date of original delivery of the motor vehicle to such\nconsumer, whichever is the earlier date, the consumer shall during such\nperiod report the nonconformity, defect or condition to the\nmanufacturer, its agent or its authorized dealer. If the notification is\nreceived by the manufacturer's agent or authorized dealer, the agent or\ndealer shall within seven days forward written notice thereof to the\nmanufacturer by certified mail, return receipt requested, and shall\ninclude in such notice a statement indicating whether or not such\nrepairs have been undertaken. The manufacturer, its agent or its\nauthorized dealer shall correct said nonconformity, defect or condition\nat no charge to the consumer, notwithstanding the fact that such repairs\nare made after the expiration of such period of operation or such two\nyear period.\n (2) If a manufacturer's agent or authorized dealer refuses to\nundertake repairs within seven days of receipt of the notice by a\nconsumer of a nonconformity, defect or condition pursuant to paragraph\none of this subdivision, the consumer may immediately forward written\nnotice of such refusal to the manufacturer by certified mail, return\nreceipt requested. The manufacturer or its authorized agent shall have\ntwenty days from receipt of such notice of refusal to commence such\nrepairs. If within such twenty day period, the manufacturer or its\nauthorized agent fails to commence such repairs, the manufacturer, at\nthe option of the consumer, shall replace the motor vehicle with a\ncomparable motor vehicle, or accept return of the vehicle from the\nconsumer and refund to the consumer the full purchase price or, if\napplicable, the lease price and any trade-in allowance plus fees and\ncharges. Such fees and charges shall include but not be limited to all\nlicense fees, registration fees and any similar governmental charges,\nless an allowance for the consumer's use of the vehicle in excess of the\nfirst twelve thousand miles of operation pursuant to the mileage\ndeduction formula defined in paragraph four of subdivision (a) of this\nsection, and a reasonable allowance for any damage not attributable to\nnormal wear or improvements.\n (c) (1) If, within the period specified in subdivision (b) of this\nsection, the manufacturer or its agents or authorized dealers are unable\nto repair or correct any defect or condition which substantially impairs\nthe value of the motor vehicle to the consumer after a reasonable number\nof attempts, the manufacturer, at the option of the consumer, shall\nreplace the motor vehicle with a comparable motor vehicle, or accept\nreturn of the vehicle from the consumer and refund to the consumer the\nfull purchase price or, if applicable, the lease price and any trade-in\nallowance plus fees and charges. Any return of a motor vehicle may, at\nthe option of the consumer, be made to the dealer or other authorized\nagent of the manufacturer who sold such vehicle to the consumer or to\nthe dealer or other authorized agent who attempted to repair or correct\nthe defect or condition which necessitated the return and shall not be\nsubject to any further shipping charges. Such fees and charges shall\ninclude but not be limited to all license fees, registration fees and\nany similar governmental charges, less an allowance for the consumer's\nuse of the vehicle in excess of the first twelve thousand miles of\noperation pursuant to the mileage deduction formula defined in paragraph\nfour of subdivision (a) of this section, and a reasonable allowance for\nany damage not attributable to normal wear or improvements.\n (2) A manufacturer which accepts return of the motor vehicle because\nthe motor vehicle does not conform to its warranty shall notify the\ncommissioner of the department of motor vehicles that the motor vehicle\nwas returned to the manufacturer for nonconformity to its warranty and\nshall disclose, in accordance with the provisions of section four\nhundred seventeen-a of the vehicle and traffic law prior to resale\neither at wholesale or retail, that it was previously returned to the\nmanufacturer for nonconformity to its warranty. Refunds shall be made to\nthe consumer and lienholder, if any, as their interests may appear on\nthe records of ownership kept by the department of motor vehicles.\nRefunds shall be accompanied by the proper application for credit or\nrefund of state and local sales taxes as published by the department of\ntaxation and finance and by a notice that the sales tax paid on the\npurchase price, lease price or portion thereof being refunded is\nrefundable by the commissioner of taxation and finance in accordance\nwith the provisions of subdivision (f) of section eleven hundred\nthirty-nine of the tax law. If applicable, refunds shall be made to the\nlessor and lessee as their interests may appear on the records of\nownership kept by the department of motor vehicles, as follows: the\nlessee shall receive the capitalized cost and the lessor shall receive\nthe lease price less the aggregate deposit and rental payments\npreviously paid to the lessor for the leased vehicle. The terms of the\nlease shall be deemed terminated contemporaneously with the date of the\narbitrator's decision and award and no penalty for early termination\nshall be assessed as a result thereof. Refunds shall be accompanied by\nthe proper application form for credit or refund of state and local\nsales tax as published by the department of taxation and finance and a\nnotice that the sales tax paid on the lease price or portion thereof\nbeing refunded is refundable by the commissioner of taxation and finance\nin accordance with the provisions of subdivision (f) of section eleven\nhundred thirty-nine of the tax law.\n (3) It shall be an affirmative defense to any claim under this section\nthat:\n (i) the nonconformity, defect or condition does not substantially\nimpair such value; or\n (ii) the nonconformity, defect or condition is the result of abuse,\nneglect or unauthorized modifications or alterations of the motor\nvehicle.\n (d) It shall be presumed that a reasonable number of attempts have\nbeen undertaken to conform a motor vehicle to the applicable express\nwarranties, if:\n (1) the same nonconformity, defect or condition has been subject to\nrepair four or more times by the manufacturer or its agents or\nauthorized dealers within the first eighteen thousand miles of operation\nor during the period of two years following the date of original\ndelivery of the motor vehicle to a consumer, whichever is the earlier\ndate, but such nonconformity, defect or condition continues to exist; or\n (2) the vehicle is out of service by reason of repair of one or more\nnonconformities, defects or conditions for a cumulative total of thirty\nor more calendar days during either period, whichever is the earlier\ndate.\n (e) The term of an express warranty, the two year warranty period and\nthe thirty day out of service period shall be extended by any time\nduring which repair services are not available to the consumer because\nof a war, invasion or strike, fire, flood or other natural disaster.\n (f) Nothing in this section shall in any way limit the rights or\nremedies which are otherwise available to a consumer under any other\nlaw.\n (g) If a manufacturer has established an informal dispute settlement\nmechanism, such mechanism shall comply in all respects with the\nprovisions of this section and the provisions of subdivision (c) of this\nsection concerning refunds or replacement shall not apply to any\nconsumer who has not first resorted to such mechanism. In the event that\nan arbitrator in such an informal dispute mechanism awards a refund or\nreplacement vehicle, he or she shall not reduce the award to an amount\nless than the full purchase price or the lease price, if applicable, or\na vehicle of equal value, plus all fees and charges except to the extent\nsuch reductions are specifically permitted under subdivision (c) of this\nsection.\n (h) A manufacturer shall have up to thirty days from the date the\nconsumer notifies the manufacturer of his or her acceptance of the\narbitrator's decision to comply with the terms of that decision. Failure\nto comply with the thirty day limitation shall also entitle the consumer\nto recover a fee of twenty-five dollars for each business day of\nnoncompliance up to five hundred dollars. Provided, however, that\nnothing contained in this subdivision shall impose any liability on a\nmanufacturer where a delay beyond the thirty day period is attributable\nto a consumer who has requested a replacement vehicle built to order or\nwith options that are not comparable to the vehicle being replaced or\notherwise made compliance impossible within said period. In no event\nshall a consumer who has resorted to an informal dispute settlement\nmechanism be precluded from seeking the rights or remedies available by\nlaw.\n (i) Any agreement entered into by a consumer for the purchase of a new\nmotor vehicle which waives, limits or disclaims the rights set forth in\nthis section shall be void as contrary to public policy. Said rights\nshall inure to a subsequent transferee of such motor vehicle.\n Any provision of any agreement entered into by a consumer for the\npurchase of a new motor vehicle which includes as an additional cost for\nsuch motor vehicle an expense identified as being for the purpose of\naffording such consumer his or her rights under this section, shall be\nvoid as contrary to public policy.\n (j) Any action brought pursuant to this section shall be commenced\nwithin four years of the date of original delivery of the motor vehicle\nto the consumer.\n (k) Each consumer shall have the option of submitting any dispute\narising under this section upon the payment of a prescribed filing fee\nto an alternate arbitration mechanism established pursuant to\nregulations promulgated hereunder by the New York state attorney\ngeneral. Upon application of the consumer and payment of the filing fee,\nall manufacturers shall submit to such alternate arbitration.\n Such alternate arbitration shall be conducted by a professional\narbitrator or arbitration firm appointed by and under regulations\nestablished by the New York state attorney general. Such mechanism shall\ninsure the personal objectivity of its arbitrators and the right of each\nparty to present its case, to be in attendance during any presentation\nmade by the other party and to rebut or refute such presentation. In all\nother respects, such alternate arbitration mechanism shall be governed\nby article seventy-five of the civil practice law and rules; provided,\nhowever, that notwithstanding paragraph (i) of subdivision (a) of\nsection seventy-five hundred two of the civil practice law and rules,\nspecial proceedings brought before a court pursuant to such article\nseventy-five in relation to an arbitration hereunder shall be brought\nonly in the county where the consumer resides or where the arbitration\nwas held or is pending.\n (l) A court may award reasonable attorney's fees to a prevailing\nplaintiff or to a consumer who prevails in any judicial action or\nproceeding arising out of an arbitration proceeding held pursuant to\nsubdivision (k) of this section. In the event a prevailing plaintiff is\nrequired to retain the services of an attorney to enforce collection of\nan award granted pursuant to this section, the court may assess against\nthe manufacturer reasonable attorney's fees for services rendered to\nenforce collection of said award.\n (m) (1) Each manufacturer shall require that each informal dispute\nsettlement mechanism used by it provide, at a minimum, the following:\n (i) that the arbitrators participating in such mechanism are trained\nin arbitration and familiar with the provisions of this section, that\nthe arbitrators and consumers who request arbitration are provided with\na written copy of the provisions of this section, together with the\nnotice set forth below entitled "NEW CAR LEMON LAW BILL OF RIGHTS", and\nthat consumers, upon request, are given an opportunity to make an oral\npresentation to the arbitrator;\n (ii) that the rights and procedures used in the mechanism comply with\nfederal regulations promulgated by the federal trade commission relating\nto informal dispute settlement mechanisms; and\n (iii) that the remedies set forth under subdivision (c) of this\nsection are awarded if, after a reasonable number of attempts have been\nundertaken under subdivision (d) of this section to conform the vehicle\nto the express warranties, the defect or nonconformity still exists.\n (2) The following notice shall be provided to consumers and\narbitrators and shall be printed in conspicuous ten point bold face\ntype:\n NEW CAR LEMON LAW BILL OF RIGHTS\n (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR\nNEW CAR, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED\nAGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR TWO YEARS,\nWHICHEVER COMES FIRST.\n (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR\nAUTHORIZED DEALER.\n (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.\n (4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR OR MORE\nATTEMPTS; OR IF YOUR CAR IS OUT OF SERVICE TO REPAIR A PROBLEM FOR A\nTOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER\nOR ITS AGENT REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR CONDITION WITHIN\nTWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY\nCERTIFIED MAIL, RETURN RECEIPT REQUESTED; THEN YOU MAY BE ENTITLED TO\nEITHER A COMPARABLE CAR OR A REFUND OF YOUR PURCHASE PRICE, PLUS LICENSE\nAND REGISTRATION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THE VEHICLE HAS\nBEEN DRIVEN MORE THAN 12,000 MILES. SPECIAL NOTIFICATION REQUIREMENTS\nMAY APPLY TO MOTOR HOMES.\n (5) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY\nABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.\n (6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND\nYOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE\nVALUE OF YOUR CAR.\n (7) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE\nMANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE CAR OR REFUND YOUR\nPURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.\n (8) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU\nMAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S\nFEES IF YOU PREVAIL.\n (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.\n (10) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE\nTHROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO\nAN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY\nHAVE TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER\nOFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR\nINDEPENDENT ARBITRATION.\n (3) All informal dispute settlement mechanisms shall maintain the\nfollowing records:\n (i) the number of purchase price and lease price refunds and vehicle\nreplacements requested, the number of each awarded in arbitration, the\namount of each award and the number of awards that were complied with in\na timely manner;\n (ii) the number of awards where additional repairs or a warranty\nextension was the most prominent remedy, the amount or value of each\naward, and the number of such awards that were complied with in a timely\nmanner;\n (iii) the number and total dollar amount of awards where some form of\nreimbursement for expenses or compensation for losses was the most\nprominent remedy, the amount or value of each award and the number of\nsuch awards that were complied with in a timely manner; and\n (iv) the average number of days from the date of a consumer's initial\nrequest to arbitrate until the date of the final arbitrator's decision\nand the average number of days from the date of the final arbitrator's\ndecision to the date on which performance was satisfactorily carried\nout.\n (n) Special provisions applicable to motor homes:\n (1) To the extent that the provisions of this subdivision are\ninconsistent with the other provisions of this section, the provisions\nof this subdivision shall apply.\n (2) For purposes of this section, the manufacturer of a motor home is\nany person, partnership, corporation, factory branch, or other entity\nengaged in the business of manufacturing or assembling new motor homes\nfor sale in this state.\n (3) This section does not apply to the living facilities of motor\nhomes, which are the portions thereof designed, used or maintained\nprimarily as living quarters and shall include, but not be limited to\nthe flooring, plumbing system and fixtures, roof air conditioner,\nfurnace, generator, electrical systems other than automotive circuits,\nthe side entrance door, exterior compartments, and windows other than\nthe windshield and driver and front passenger windows.\n (4) If, within the first eighteen thousand miles of operation or\nduring the period of two years following the date of original delivery\nof the motor vehicle to such consumer, whichever is the earlier date,\nthe manufacturer of a motor home or its agents or its authorized dealers\nor repair shops to which they refer a consumer are unable to repair or\ncorrect any covered defect or condition which substantially impairs the\nvalue of the motor home to the consumer after a reasonable number of\nattempts, the motor home manufacturer, at the option of the consumer,\nshall replace the motor home with a comparable motor home, or accept\nreturn of the motor home from the consumer and refund to the consumer\nthe full purchase price or, if applicable, the lease price and any\ntrade-in allowance plus fees and charges as well as the other fees and\ncharges set forth in paragraph one of subdivision (c) of this section.\n (5) If an agent or authorized dealer of a motor home manufacturer or a\nrepair shop to which they refer a consumer refuses to undertake repairs\nwithin seven days of receipt of notice by a consumer of a nonconformity,\ndefect or condition within the first eighteen thousand miles of\noperation or during the period of two years following the date of\noriginal delivery of the motor home to such consumer, whichever is the\nearlier date, the consumer may immediately forward written notice of\nsuch refusal to the motor home manufacturer by certified mail, return\nreceipt requested. The motor home manufacturer or its authorized agent\nor a repair shop to which they refer a consumer shall have twenty days\nfrom receipt of such notice of refusal to commence such repairs. If\nwithin such twenty day period, the motor home manufacturer or its\nauthorized agent or repair shop to which they refer a consumer, fails to\ncommence such repairs, the motor home manufacturer, at the option of the\nconsumer, shall replace the motor home with a comparable motor home, or\naccept return of the motor home from the consumer and refund to the\nconsumer the full purchase price or, if applicable, the lease price, and\nany trade-in allowance or other charges, fees, or allowances. Such fees\nand charges shall include but not be limited to all license fees,\nregistration fees, and any similar governmental charges, less an\nallowance for the consumer's use of the vehicle in excess of the first\ntwelve thousand miles of operation pursuant to the mileage deduction\nformula defined in paragraph four of subdivision (a) of this section,\nand a reasonable allowance for any damage not attributable to normal\nwear or improvements.\n (6) If within the first eighteen thousand miles of operation or during\nthe period of two years following the date of original delivery of the\nmotor home to such consumer, whichever is the earlier date, the same\ncovered nonconformity, defect or condition in a motor home has been\nsubject to repair two times or a motor home has been out of service by\nreason of repair for twenty-one days, whichever occurs first, the\nconsumer must have reported this to the motor home manufacturer or its\nauthorized dealer by certified mail, return receipt requested, and may\ninstitute any proceeding or other action pursuant to this section if the\nmotor home has been out of service by reason of three repair attempts or\nfor at least thirty days. The special notification requirements of this\nparagraph shall only apply if the manufacturer or its authorized dealer\nprovides a prior written copy of the requirements of this paragraph to\nthe consumer and receipt of the notice is acknowledged by the consumer\nin writing. If the consumer who has received notice from the\nmanufacturer fails to comply with the special notification requirements\nof this paragraph, additional repair attempts or days out of service by\nreason of repair shall not be taken into account in determining whether\nthe consumer is entitled to a remedy provided in paragraph four of this\nsubdivision. However, additional repair attempts or days out of service\nby reason of repair that occur after the consumer complies with such\nspecial notification requirements shall be taken into account in making\nthat determination. It shall not count as a repair attempt if the repair\nfacility is not authorized by the applicable motor home manufacturer to\nperform warranty work on the identified nonconformity. It shall count as\nonly one repair attempt for a motor home if the same nonconformity is\nbeing addressed a second time due to the consumer's decision to continue\ntraveling and to seek the repair of the same nonconformity at another\nrepair facility rather than wait for the initial repair to be completed.\n (7) Nothing in this section shall in any way limit any rights,\nremedies or causes of action that a consumer or motor home manufacturer\nmay otherwise have against the manufacturer of the motor home's chassis,\nor its propulsion and other components.\n (8) (A) Each manufacturer shall require that each informal dispute\nsettlement mechanism used by it provide, at a minimum, the following:\n (i) that the arbitrators participating in such mechanism are trained\nin arbitration and familiar with the provisions of this section, that\nthe arbitrators and consumers who request arbitration are provided with\na written copy of the provisions of this section, together with the\nnotice set forth below entitled "NEW MOTOR HOME LEMON LAW BILL OF\nRIGHTS", and that consumers, upon request, are given an opportunity to\nmake an oral presentation to the arbitrator;\n (ii) that the rights and procedures used in the mechanism comply with\nfederal regulations promulgated by the federal trade commission relating\nto informal dispute settlement mechanisms; and\n (iii) that the remedies set forth under subdivision (c) of this\nsection are awarded if, after a reasonable number of attempts have been\nundertaken under subdivision (d) of this section to conform the vehicle\nto the express warranties, the defect or nonconformity still exists.\n (B) Notwithstanding the provisions of paragraph two of subdivision (m)\nof this section, the following provision shall apply for purposes of\nthis subdivision:\n The following notice shall be provided to consumers and arbitrators\nand shall be printed in conspicuous ten point bold face type:\n NEW MOTOR HOME LEMON LAW BILL OF RIGHTS\n (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR\nNEW MOTOR HOME, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS\nWARRANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEEN THOUSAND MILES OR\nTWO YEARS, WHICHEVER COMES FIRST. HOWEVER, THIS ADDITIONAL WARRANTY DOES\nNOT APPLY TO THE LIVING FACILITIES OF MOTOR HOMES, WHICH ARE THE\nPORTIONS THEREOF DESIGNED, USED OR MAINTAINED PRIMARILY AS LIVING\nQUARTERS AND SHALL INCLUDE, BUT NOT BE LIMITED TO THE FLOORING, PLUMBING\nSYSTEM AND FIXTURES, ROOF AIR CONDITIONER, FURNACE, GENERATOR,\nELECTRICAL SYSTEMS OTHER THAN AUTOMOTIVE CIRCUITS, THE SIDE ENTRANCE\nDOOR, EXTERIOR COMPARTMENTS, AND WINDOWS OTHER THAN THE WINDSHIELD AND\nDRIVER AND FRONT PASSENGER WINDOWS.\n (2) YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER, ITS AGENT, OR\nAUTHORIZED DEALER.\n (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.\n (4) IF, WITHIN THE FIRST EIGHTEEN THOUSAND MILES OF OPERATION OR\nDURING THE PERIOD OF TWO YEARS FOLLOWING THE DATE OF ORIGINAL DELIVERY\nOF THE MOTOR VEHICLE TO SUCH CONSUMER, WHICHEVER IS THE EARLIER DATE THE\nMANUFACTURER OF A MOTOR HOME OR ITS AGENTS OR ITS AUTHORIZED DEALERS OR\nREPAIR SHOPS TO WHICH THEY REFER A CONSUMER ARE UNABLE TO REPAIR OR\nCORRECT ANY COVERED DEFECT OR CONDITION WHICH SUBSTANTIALLY IMPAIRS THE\nVALUE OF THE MOTOR HOME TO THE CONSUMER AFTER A REASONABLE NUMBER OF\nATTEMPTS, THE MOTOR HOME MANUFACTURER, AT THE OPTION OF THE CONSUMER,\nSHALL REPLACE THE MOTOR HOME WITH A COMPARABLE MOTOR HOME, OR ACCEPT\nRETURN OF THE MOTOR HOME FROM THE CONSUMER AND REFUND TO THE CONSUMER\nTHE FULL PURCHASE PRICE OR, IF APPLICABLE, THE LEASE PRICE AND ANY\nTRADE-IN ALLOWANCE, PLUS FEES AND CHARGES, AS WELL AS THE OTHER FEES AND\nCHARGES, INCLUDING BUT NOT LIMITED TO ALL LICENSE FEES, REGISTRATION\nFEES, AND ANY SIMILAR GOVERNMENTAL CHARGES, LESS AN ALLOWANCE FOR THE\nCONSUMER'S USE OF THE VEHICLE IN EXCESS OF TWELVE THOUSAND MILES TIMES\nTHE PURCHASE PRICE, OR THE LEASE PRICE IF APPLICABLE, OF THE VEHICLE\nDIVIDED BY ONE HUNDRED THOUSAND MILES, AND A REASONABLE ALLOWANCE FOR\nANY DAMAGE NOT ATTRIBUTABLE TO NORMAL WEAR OR IMPROVEMENTS.\n (5) SPECIAL NOTICE PROVISION: IF WITHIN EIGHTEEN THOUSAND MILES OR TWO\nYEARS, WHICHEVER COMES FIRST, THE SAME COVERED NONCONFORMITY, DEFECT OR\nCONDITION IN YOUR MOTOR HOME HAS BEEN SUBJECT TO REPAIR TWO TIMES OR\nYOUR MOTOR HOME HAS BEEN OUT OF SERVICE BY REASON OF REPAIR FOR\nTWENTY-ONE DAYS, WHICHEVER COMES FIRST, YOU MUST HAVE REPORTED THIS TO\nTHE MOTOR HOME MANUFACTURER OR ITS AUTHORIZED DEALER BY CERTIFIED MAIL,\nRETURN RECEIPT REQUESTED, AND YOU MAY INSTITUTE ANY PROCEEDING OR OTHER\nACTION PURSUANT TO THE LEMON LAW IF THE MOTOR HOME HAS BEEN OUT OF\nSERVICE BY REASON OF THREE REPAIR ATTEMPTS OR FOR AT LEAST THIRTY DAYS.\nTHIS SPECIAL NOTICE REQUIREMENT SHALL ONLY APPLY IF THE MANUFACTURER OR\nITS AUTHORIZED DEALER PROVIDES WRITTEN COPY OF THE REQUIREMENTS OF THIS\nPARAGRAPH TO YOU AND RECEIPT OF NOTICE IS ACKNOWLEDGED BY YOU IN\nWRITING. IF YOU FAIL TO COMPLY WITH THE SPECIAL NOTIFICATION\nREQUIREMENTS OF THIS PARAGRAPH, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT\nOF SERVICE BY REASON OF REPAIR SHALL NOT BE TAKEN INTO ACCOUNT IN\nDETERMINING WHETHER YOU ARE ENTITLED TO A REMEDY PROVIDED IN PARAGRAPH\nFOUR. HOWEVER, ADDITIONAL REPAIR ATTEMPTS OR DAYS OUT OF SERVICE BY\nREASON OF REPAIR THAT OCCUR AFTER YOU COMPLY WITH SUCH SPECIAL\nNOTIFICATION REQUIREMENTS SHALL BE TAKEN INTO ACCOUNT IN MAKING THAT\nDETERMINATION.\nNOTICE TO THE MANUFACTURER SHOULD BE SENT TO THE FOLLOWING:\nNOTICE TO THE DEALER SHOULD BE SENT TO THE FOLLOWING:\n (6) A MANUFACTURER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY\nABUSE, NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE MOTOR HOME.\n (7) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR\nREFUND YOUR PURCHASE PRICE IF THE PROBLEM IS NOT COVERED BY THE LEMON\nLAW OR DOES NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR MOTOR HOME.\n (8) IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE\nMANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE MOTOR HOME OR REFUND\nYOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.\n (9) IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU\nMAY RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S\nFEES IF YOU PREVAIL.\n (10) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.\n (11) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE\nTHROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO\nAN INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU MAY\nHAVE TO PAY A FEE FOR SUCH ARBITRATION. CONTACT YOUR LOCAL CONSUMER\nOFFICE OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR\nINDEPENDENT ARBITRATION.\n (o) At the time of purchase or lease of a motor vehicle from an\nauthorized dealer in this state, the manufacturer shall provide to the\ndealer or leaseholder, and the dealer or leaseholder shall provide to\nthe consumer a notice, printed in not less than eight point bold face\ntype, entitled "New Car Lemon Law Bill of Rights". The text of such\nnotice shall be identical with the notice required by paragraph two of\nsubdivision (m) of this section.\n