N.Y. General Business Law § 198-a: 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.