New York

Refusing to comply with an arbitration decision would open up the manufacturer to additional liabilities. Most notably, for attorney’s fees to be awarded, a plaintiff has to show why those fees were “reasonably necessary” so any fees the manufacturer would have to pay. In New York, these decisions are binding on both parties, absent appeal, and so a manufacturer refusing to comply would be exceedingly rare since they are in breach of a legally binding and enforceable decision.

The New York State Dispute Resolution Association manages the arbitration process. Generally you file a request through the New York Attorney General and pay a filing fee. An arbitrator is appointed and the administrator notifies the manufacturer and dealer of the claim and provide them a chance to respond, and you a subsequent opportunity to reply. Then, parties can engage in pre-hearing discovery and then have a hearing before the arbitrator, who makes a decision. Then, each side has to decide within 20 days if they would like to file for a modification, or file an appeal of the decision.

In New York, the nonconformity must be reported within the first two years or 18,000 miles from when the vehicle is purchased to be eligible for a repurchase or replacement under the Lemon Law. However, there are other breach of warranty and consumer protection statutes that can provide relief, and can actually be quite valuable, even if the first report was outside of that time period. If you have multiple repairs but they were after the Lemon Law period expired, you should still call as the cases still very well may have value.