Lemon law leased car - New York

Have a less then 1 year old Escalade ESV that most likely needs a new engine . Waiting for confirmation , considering my options as it could take more then 1 months to get it fixed . Does anyone have experience with lemon law ? My understanding is that you can request manufacturer to take car back if the repair takes more then 30 day , is that correct ? What happens with prepaid tax (lease ) ? I’m in New York .

Has it been over 30 days yet? How many times have they attempted repair?

Is the vehicle drivable? If not do you have a comparable loaner?

You will have to give them a chance to fix it before you can invoke the lemon law.

Not drivable , motor needs to be replaced . No loaner as of yet , they’re giving me a non - comparable rental car tomorrow , then a loaner when one becomes avalible. Just looking into options as I have read that this repair can take up to two months. Car just died while driving on a very busy road , not a fun experience with young kids in the car . This is a known issue with this engine apparently.

For reference:

You need to consult with a lemon law attorney.

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I hope the post above will help

Has it been in the shop for more than 30 days or been at the shop for the same issue 4 times or more? If either of them is yes, contact a lemon law lawyer.

Lemon law attorneys work for free. They get paid by the OEM

Find one in NY as each state has different rules. For example AZ has no lease LL protection.

Most lemon laws require your car to be in the shop for a minimum of 30 days non consecutive or consecutive

While a Lemon Law attorney is certainly a good option, keep in mind that if you do go that route, GM/Cadillac can’t/won’t deal with you directly anymore. Reaching out to executive support at GM/Cadillac first may be an option too, depending on how comfortable you are with these kinds of things. You can always pursue a lemon law claim if you are not satisfied with what GM/Cadillac offer you, if anything.

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Appreciate all the input, very helpful. While I have had car issues before, engine replacement is a new one for me. I will just have to see how long it will take them to repair it before I decide on how to proceed. In my experience its usually easier to solve issues directly with the company and not through attorneys, but then again it all depends on how they respond to my claims.

First, this sucks, especially on a six figure car, I feel your pain.

At this point in time, I think your only option is to give them a chance to fix it. There are certain conditions that need to be met for lemon law and it sounds like you haven’t met them yet.

If they do take it back, you will get credit for all payments, fees and taxes paid with a deduction for miles already driven. You will lose any rebates or incentives you got, so if the deal you got is not replicable, it may cost more to give it back and start over.

An option GM may consider if you get to the point it is taking over 30 days and no end in sight it a substitution of collateral where they will replace the vehicle with a new one and keep all terms the same. That might be an option if you got a killer deal,.

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100% agree with all of this, and usually I’m on team “collateral exchange”, BUT since Escalade customers are very specific buyers: if this is a lease, if you don’t plan to buy this Escalade at the end, if they fix your car and this is the only thing you imagine yourself driving, I’d keep the repaired one and roll the dice for the duration. A SoC could have the same problem.

Weren’t many deals on these cars a year ago , leased at msrp , car only has around 4000 miles on it . So shouldn’t be difficult to replicate “deal”… Considering both the price on the car and the «insane» monthly lease payment this is indeed very annoying . You don’t get an ESV because it gets good gas milage or it’s so easy to park , you get it because you need an oversized car to haul kids in car seats with strollers , sports equipment etc. so yes , limited pool of alternative cars . My concern is primarily safety (again , transporting kids ) , the fact that this is a known issue for this engine , the car just died while driving on the road , no warning/ check engine lights .
Appreciate all the advice , will hopefully know more in the next week or so about how long repair will take .

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