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Bought something defective in New York? Your warranty rights and how to use them

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

When you buy goods from a business in New York, the Uniform Commercial Code gives you warranty rights. Anything the seller promised or described about the product is an express warranty, and a merchant also implicitly promises the goods are fit for their ordinary purpose. If the product is defective, tell the seller within a reasonable time after you discover the problem, or you can lose your remedies. If the defect substantially impairs the item's value, you may be able to revoke your acceptance and get your money back; otherwise you can claim the difference in value. A seller that gives a written warranty can't disclaim the implied warranties. The general time limit to sue is four years from delivery.

Read on for the details, the exceptions and the sources.

In plain words

Express warranty
A promise or description about the product — on the box, in an ad, or from the salesperson — that became part of the deal.
Implied warranty of merchantability
An automatic promise from a merchant that the goods work for the ordinary purpose they are sold for, even if nobody said so.
Revoke acceptance
Undo your acceptance of goods you already took home, because a serious defect turned up, and treat them as rejected.
As is
Words that tell you the seller is giving no implied warranties. They generally remove the implied warranties, unless the circumstances show otherwise.

What the law says, briefly

Article 2 of New York's Uniform Commercial Code covers sales of goods. Any statement of fact or promise about the goods, any description, and any sample or model that is part of the deal creates an express warranty that the goods will match it; the seller doesn't need to use the word "warranty" (UCC § 2-313). A seller who deals in goods of that kind also gives an implied warranty that they are merchantable — at least fit for the ordinary purposes for which such goods are used (§ 2-314). If the seller knew you needed the item for a particular purpose and you relied on its advice, there is also an implied warranty of fitness for that purpose (§ 2-315).

Implied warranties can be excluded, for example with clear "as is" language (§ 2-316). But under the federal Magnuson-Moss Warranty Act, a seller that gives you a written warranty, or sells you a service contract at the time of sale or within 90 days, cannot disclaim the implied warranties; it may only limit their length to that of a written warranty of reasonable duration (15 U.S.C. § 2308).

If you accepted the goods, you must notify the seller of the breach within a reasonable time after you discover it, or you lose any remedy (UCC § 2-607(3)(a)). You may revoke acceptance if the defect substantially impairs the item's value to you and you accepted it without discovering the problem or because the seller assured you it would be fixed (§ 2-608). Otherwise, damages are generally the difference between the value of the goods as delivered and as warranted (§ 2-714). The time limit to sue is four years from the breach, which for warranties is usually delivery; a contract may shorten it to no less than one year (§ 2-725).

What to check in your lease, contract or papers

  • The receipt or order: date of delivery, price, and whether it says "as is" or "with all faults".
  • Any written warranty from the manufacturer or seller: how long it lasts, what it covers, and how to make a claim.
  • Advertising, product pages, labels and the box: these statements can be express warranties (§ 2-313).
  • Whether you bought a service contract or extended warranty — if so, the seller can't disclaim implied warranties (15 U.S.C. § 2308).
  • Any clause that shortens the time to sue: it can't be less than one year (§ 2-725(1)).
  • The store's posted refund policy, which may offer a quicker exchange or refund (General Business Law § 218-a).

What to document

  • Photos and video showing the defect, with dates.
  • When you first noticed the problem and what happened.
  • Every contact with the seller or manufacturer: date, name, what was said.
  • Repair attempts, work orders and invoices.
  • What you paid to fix it or replace it, and any other costs the defect caused.

What to do, step by step

  1. Stop using it if it is unsafe

    Keep the item and its packaging; you may need to return it or show the defect.

  2. Notify the seller promptly, in writing

    Describe the defect and when you found it. Prompt notice protects your remedies under UCC § 2-607(3)(a).

  3. Use the written warranty if there is one

    Follow the claim process, but keep copies. Using the manufacturer's warranty doesn't cancel your rights against the seller.

  4. Decide what to ask for

    If the defect substantially impairs the item's value, you may revoke acceptance and ask for your money back (§ 2-608). Otherwise ask for repair, replacement, or the difference in value (§ 2-714).

  5. Escalate if needed

    Send a demand letter, complain to the Attorney General, or file in small claims court.

What not to do

  • Don't wait months to complain — late notice can cost you your remedies.
  • Don't throw away the item or the packaging.
  • Don't keep using the item heavily after deciding to revoke acceptance; revocation must happen before any substantial change in its condition not caused by the defect (§ 2-608(2)).
  • Don't assume "no refunds" or "final sale" signs remove your warranty rights; only proper disclaimers do (§ 2-316).

When to send a demand letter

Send one when the seller refuses to fix, replace or refund, or ignores you. Describe the product, the date of purchase, the defect, your earlier notice, the warranty you rely on (the written warranty, the description, or the implied warranty of merchantability under UCC § 2-314), and what you want by a specific date. A clear letter often settles the matter and shows a court you gave the seller a fair chance.

When to go to court

If the deadline in your letter passes, small claims court is usually the right place for consumer products: you don't need a lawyer, and you can claim up to $10,000 in New York City, $5,000 in city and district courts and $3,000 in town and village courts. Sue within four years of delivery (§ 2-725), and earlier if your contract validly shortened the period. If the seller also misled you, a deceptive practices claim under General Business Law § 349 may be worth adding.

What evidence to keep

  • Receipt or order confirmation, and proof of payment
  • Written warranty, manual, box and product page or ad
  • Photos and video of the defect
  • Your written notices and the seller's replies
  • Repair records and estimates

Figures that change

  • Time limit to sue for breach of warranty: 4 years from delivery (a contract may shorten it to no less than 1 year) (as of 2026-10-30; N.Y. Uniform Commercial Code)

Frequently asked questions

The seller says the manufacturer's warranty is my only option. Is that true?

Not necessarily. A merchant seller gives its own implied warranty of merchantability (UCC § 2-314), and if it gave you a written warranty or sold you a service contract, it can't disclaim implied warranties (15 U.S.C. § 2308). You can pursue the seller as well as the manufacturer.

How long do I have to complain about a defect?

Notify the seller within a reasonable time after you discover the defect (UCC § 2-607(3)(a)). The time limit to sue for breach of warranty is generally four years from delivery, and a contract can shorten it to no less than one year (§ 2-725).

I bought it "as is." Do I have any rights?

"As is" language generally excludes implied warranties (§ 2-316(3)(a)), but not express promises the seller made, and not if the seller gave a written warranty or sold a service contract within 90 days (15 U.S.C. § 2308).

Can I get a full refund instead of a repair?

If the defect substantially impairs the item's value to you, you may be able to revoke your acceptance within a reasonable time and get your money back (UCC § 2-608). For smaller defects, the usual remedy is the difference in value or the cost of repair (§ 2-714).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.