The New Mexico Lemon Law is a set of consumer protection statutes designed to help buyers of defective vehicles. The law provides recourse for individuals who find themselves saddled with a “lemon” – a vehicle with persistent issues that cannot be adequately resolved by the manufacturer or dealer. In this comprehensive guide, we will dive into the intricacies of New Mexico’s Lemon Law, providing you with essential tips for navigating the process and ensuring that you receive the justice you deserve.
New Mexico’s Lemon Law
Before we delve into the tips for navigating New Mexico’s Lemon Law, it is crucial to understand the basics of the law. The statute, formally known as the New Motor Vehicle Quality Assurance Act, applies to new vehicles purchased or leased in the state. This law covers both cars and trucks, as well as motorcycles and recreational vehicles (RVs). The Lemon Law does not apply to used vehicles.
To qualify for protection under the Lemon Law, a vehicle must meet the following criteria:
Which Vehicles are Covered Under the Law of New Mexico’s?
The Lemon Law in New Mexico applies to new motor vehicles, including cars, trucks, vans, and motorcycles, that are sold, leased, or registered in the state. The law does not cover used vehicles, trailers, or vehicles over 10,000 pounds in gross vehicle weight.
- The vehicle must have been purchased or leased in New Mexico.
- The vehicle must be under the manufacturer’s warranty.
- The vehicle must have a defect or issue that substantially impairs its use, value, or safety.
- The defect or issue must not be a result of abuse, neglect, or unauthorized modifications.
Time Frame and Mileage Limitations
The Lemon Law protections apply within the first 18 months from the vehicle’s original delivery date or the first 18,000 miles, whichever comes first. If the vehicle meets the criteria within this time frame, it qualifies for Lemon Law protection.
Keep Detailed Records
One of the most critical aspects of successfully navigating the Lemon Law process is maintaining thorough records of your vehicle’s issues and repair attempts. These records should include:
- A description of the problem(s) and when they first occurred
- Copies of repair orders and invoices from the dealer or manufacturer
- A log of all communication with the dealer or manufacturer, including dates, times, and names of individuals involved
Identifying a Lemon Vehicle in New Mexico
A vehicle is considered a lemon if it has a defect or condition that substantially impairs its use, value, or safety, and the manufacturer or authorized dealer has been unable to repair the defect after a reasonable number of attempts. In New Mexico, the law presumes that a reasonable number of attempts have been made if:
- The same defect has been subject to repair four or more times, or
- The vehicle has been out of service due to repairs for a cumulative total of 30 days or more.
How to PursuE a NM Lemon Law Claim
Notify the Manufacturer
When you encounter a persistent issue with your vehicle, it is essential to notify the manufacturer in writing. This notification should include a description of the problem, the repair attempts made, and a request for the manufacturer to either replace or repurchase the vehicle. Be sure to keep a copy of this correspondence for your records.
Manufacturer’s Response
Upon receiving your notification, the manufacturer has one final attempt to repair the defect. If they fail to repair the defect, you may proceed with your Lemon Law claim.
Seeking Legal Remedies
If the manufacturer fails to resolve the issue, you can pursue legal remedies under the NM Lemon Law. You may be entitled to a replacement vehicle or a refund of your purchase price, less a reasonable allowance for use.
Alternative Dispute Resolution (ADR) Process
Many manufacturers have ADR programs in place to resolve Lemon Law disputes. If your vehicle’s manufacturer has an ADR program, you may be required to participate in the process before pursuing legal action. Check your vehicle’s warranty booklet for information on the manufacturer’s ADR program.