What is the Lemon Law in New Mexico?
In the state of New Mexico, if your vehicle is determined to be a lemon, you are entitled to a refund of your money minus a deduction for mileage from the mileage at the first repair, and the manufacturer also pays off your loan, and you return the vehicle to the manufacturer. Or in the alternative, you’re entitled to a replacement vehicle. You’d be entitled to a new vehicle in place of your current vehicle, and there’s also the possibility of cash compensation where you keep your vehicle. In all of those instances, the manufacturer’s required to pay the attorney’s fees as well.
What vehicles Are Covered Under the New Mexico Lemon 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.
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Does the New Mexico Lemon Law apply to used cars?
Typically a vehicle that is purchased used may still qualify as a lemon if it was purchased and the problems occurred while the vehicle was still under the manufacturers new car warranty or possibly covered by a certified pre-owned warranty or extended warranty. Finally it should be noted that a used vehicle that is purchased as is and without a warranty cannot qualify as a lemon under the NM Lemon Law.
Getting Lemon Justice — Relief Under New Mexico Law
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.
Hiring a Lemon Law Lawyer in New Mexico
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 15,000 people recover more than $35 million.
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 lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.
What Happens When You Hire a Lemon Law Lawyer?
A good lemon lawyer will work on your behalf to get the compensation to which you’re entitled – typically in the form of a refund, a replacement vehicle, or a cash settlement. Your Lemon Law attorney will ask you for all of your records, such as repair orders and correspondence, that pertain to your lemon. Your lawyer will conduct a thorough investigation of your vehicle’s repair history, then present the manufacturer with a statement outlining your case and demanding full recovery. More often than not, the manufacturer will settle; if not, though, your Lemon Law attorney should be prepared to sue the manufacturer. Your lawyer should be able to resolve your case within one to two months.
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If you think you have a lemon car, lemon truck, lemon RV, or lemon motorcycle, you deserve to be compensated. Lemberg Law can help you get justice – at no cost to you! Complete our form for a no-obligation case evaluation, or call toll free 877-795-3666