New Mexico Lemon Law
If you live in New Mexico and you believe you own a defective vehicle, don’t lose hope. New Mexico has a lemon law that can help make things right. Here’s a summary:
New cars: Yes
Used cars: Yes
Business vehicles: No
Leased vehicles: No
Lemon law period: 1 year
What is a Lemon Car Under New Mexico Law?
New Mexico lemon law covers new passenger vehicles, SUVs, vans, trucks, and motorcycles under 10,000 pounds, as well as used cars that still fall within the manufacturer’s original express warranty. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the expiration of the warranty (whichever period ends first)
- Has been taken in four times for the same problem or has been out of service for a cumulative total of 30 business days
- The manufacturer has been notified in writing of the defect and has been given a final opportunity to repair the vehicle
- You have participated in the manufacturer’s informal arbitration program, if one exists
- The vehicle is used for personal, family, or household purposes
New Mexico Statute Section 57-16A, known as the Motor Vehicle Quality Assurance Act,” is the state’s lemon law.
Getting Lemon Justice: New Mexico Lemon Law Relief
New Mexico lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Sales tax
- License fees
- Registration fees
- Attorney’s fees
The amount of the monetary reward may be reduced by a deduction for your use of the vehicle.
Pursuing a NM Lemon Law Claim
Under New Mexico lemon law, you must notify the manufacturer in writing of your vehicle’s problem and give them one final opportunity to repair your vehicle. You should send this letter after the third repair attempt, or after your vehicle has been out of service for 30 days. You should send the letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if one exists) before you are eligible to file a lemon law claim in court.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 12,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have a New Mexico lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.