NY state lemon law, buyer's rights under NY state law for used car purchase and sale

Most sales in NY are "as is" unless there is a written warranty or the Lemon Law applies.Since it was not bought from a dealer, NY's "caveat emptor" law would apply. That means "let the buyer beware" Inspecting the car after you purchased it does not help your situation. The problem you will have is proving the statement that the seller gave about the muffler system. He is likely to deny ever saying that if you try to sue him for fraud. It will likely cost you less to fix the muffler system than it will to try and hire a lawyer to sue them for fraud anyway. You can sue them without a lawyer in small claims court, but with the facts you present here, I don't think you will win.

In addition to the above advice though, most states have a law that says it is illegal to sell a vehicle whose emission system has been altered or tampered with or not working and that if your car is like that (new or used) then you may have the right to cancel the sale for that reason alone. The only way to know for sure if your state has such a law is to talk to a Consumer Law attorney who knows New York's consumer protection laws. Call your local attorney Bar Association or you can look for a Consumer Law attorney in your state, near you, at this web site page: http://ohiolemonlaw.com/locate-a-local-attorney.html