Lemon law or lemonade recipe?

April 28, 2009 10:27 AM

I need a source for NY state law (not NYC) pertaining to the sale of used cars.

We recently purchased a used SUV (1998 Ford Explorer) from a licensed dealer. Upon subsequent inspection it was discovered that the front drive shaft had been removed -- yes, removed -- disabling the front wheel portion of the on-demand all wheel drive.

It is my thinking that this is a major oversight on the dealers part (and ours, hell, we bought it with half the drive train missing and didn't even notice) and clearly his responsibility. Is this accurate?

The warranty was 30 days or 1000 miles, we're at day 26 and 700 miles.

Extra bonus question: the ball joints also need replacement. It is my understanding that while no longer a part of NYS inspection it is part of the dealer "inspection" and while not explicitly covered by the drive train warranty should not have been overlooked by the dealer before putting the car on the lot.

posted by cedar to travel & transportation around New York, NY (4 answers total)

A guide to NY state Lemon Law. (pdf). You could also contact the NY State Consumer Protection Board to see what your rights are in this situation.
posted by dersins at 10:42 AM on April 28, 2009

Thanks, dersins.

Unfortunately the car has more than 100k miles on it so the used car lemon law does not apply.
posted by cedar at 10:45 AM on April 28, 2009

I'd call the New York Attorney General's Office Consumer Fraud division, they might be able to give you some direction and possibly mediate a complaint.
posted by kid_dynamite at 11:56 AM on April 28, 2009

If the lemon law doesn't apply, I don't know if there are any other laws specific to cars. I would pursue it as a fraud. Call the AG's office. (IANAL)
posted by meta_eli at 2:29 PM on April 28, 2009