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New Mexico Lemon Law
Millions of used cars have costly hidden problems.
You should use vehicle history reports to confirm a clean
history or check for:
By knowing the REAL history of a used car, you can:
Before you are entitled to a refund or replacement, there are some qualifications and procedures that must be followed.
The following are New Mexico State Lemon Law and Aids
Success in using state lemon laws depends upon three things:
Are you paying too much for car insurance?
|Leased cars covered?||
A passenger motor vehicle including an automobile, pickup truck, motorcycle or van normally used for personal, family or household purposes with a gross vehicle weight less than 10,000 pounds.
|Four unsuccessful repairs or 30 business days out of service within shorter of one year or warranty.||Written notice to manufacturer, agent or dealer and opportunity to repair.||No||
Attorney General's Office
|Lemon Law Lawyers:|
|New Mexico Lemon Law|
New Mexico State Statutes
Chapter 57, Article 16A
57-16A-1 Short title.
This act may be cited as the "Motor Vehicle Quality Assurance Act".
As used in the Motor Vehicle Quality Assurance Act
57-16A-3 Conformation to express warranties.
57-16A-4 Affirmative defenses.
It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act that:
57-16A-5 Limitation of remedy.
Any consumer who seeks enforcement of the provisions of the Motor Vehicle Quality Assurance Act shall be foreclosed from pursuing any Uniform Commercial Code remedy set forth in Sections 55-2-602 through 55-2-608 NMSA 1978.
57-16A-6 Informal dispute resolution.
If a manufacturer has established or participates in a fair and impartial informal dispute settlement procedure which substantially complies with the substantive requirements of Title 16, Part 703 of the Code of Federal Regulations, the provisions of Subsection B of Section 3 [57-16A-3B NMSA 1978] of the Motor Vehicle Quality Assurance Act concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure. The state attorney general may investigate and determine that the informal dispute settlement procedure is fair and impartial and conforms with the requirements of Title 16, Part 703 of the Code of Federal Regulations.
57-16A-7 Resale of returned motor vehicle.
No motor vehicle which has not been properly repaired pursuant to the provisions of Subsection B of Section 3 [57-16A-3 NMSA 1978] of the Motor Vehicle Quality Assurance Act, or pursuant to a similar law of another state, may be resold in New Mexico unless the manufacturer provides full written disclosure of the reason for the return to any prospective buyer.
57-16A-8 Limitation of action.
Any action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be commenced within eighteen months following the date of original delivery of the motor vehicle to a consumer, or, in the event that a consumer resorts to an informal dispute settlement procedure pursuant to Section 6 [57-16A-6 NMSA 1978] of the Motor Vehicle Quality Assurance Act, within ninety days following the final action of the panel, whichever is later.
57-16A-9 Reasonable attorney fees.
A consumer who prevails in an action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be entitled to receive reasonable attorneys' fees and court costs from the manufacturer. If a consumer does not prevail in such an action and brings that action for frivolous reasons or in bad faith, the manufacturer shall be entitled to receive reasonable attorneys' fees and court costs from the consumer.
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