Have you recently purchased or leased a vehicle in New Mexico that has started to have mechanical problems? Don’t worry. New Mexico’s Lemon Law offers you legal protection. It ensures you get a replacement or a refund for your defective vehicle.
What is the Lemon Law in New Mexico?
New Mexico’s Lemon Law protects consumers who buy or lease new cars with significant defects. According to the law, if your new vehicle has a serious issue affecting its use, safety, or value, and the dealer or manufacturer cannot fix it after a reasonable number of attempts, your vehicle may qualify as a lemon. This law protects you from the financial and safety risks associated with owning a defective vehicle.
Vehicles Covered Under the New Mexico Lemon Law
The New Mexico Lemon Law applies to new and leased vehicles registered in New Mexico. In addition, it covers any passenger car or truck with a rated capacity of one ton or less.
Vehicles covered include:
Passenger cars
SUVs
Vans
Trucks (up to 3/4 ton)
Motorcycles
The vehicle must have been purchased or leased primarily for personal, family, or household purposes. Additionally, the coverage extends to the original owner or lessee and subsequent owners who acquire the vehicle within the warranty period.
Repair Interval and Coverage Period
For braking or steering system issues, the vehicle requires one repair attempt. For other problems, the vehicle needs four repair attempts or must be out of service for a total of 30 calendar days. Also, the coverage period extends to 15 months or 15,000 miles for purchased vehicles and 12 months or 12,000 miles for leased vehicles.
Criteria for Lemon Law Protection
To qualify as a lemon under New Mexico law, the vehicle must meet specific criteria:
Defect Occurrence
The defect must occur within the first 24 months or 18,000 miles, whichever comes first.
Reasonable Repair Attempts
The manufacturer or dealer must have made at least four attempts to repair the same defect.
Out of Service
If the vehicle remains out of service for a total of 30 days or more due to repairs, it qualifies as a lemon.
Significant Defect
The defect must significantly impair the vehicle’s use, market value, or safety.
Documenting the Defects
Proper documentation is crucial when dealing with a potential lemon. Here’s what you should keep track of:
Repair Records: Keep detailed records of all repair attempts, including dates, the nature of the defect, and the repairs performed.
Communication: Save copies of all communication with the dealer or manufacturer regarding the defect and repair attempts.
Warranty Information: Keep the warranty information and any documentation related to the purchase or lease of the vehicle.
Steps to Take if You Have a Lemon
Bring your vehicle to the dealership for the required number of repairs as explained above.
Notify the Manufacturer: If you suspect your vehicle is a lemon, notify the manufacturer. Outline the defects and repair attempts in a certified letter.
Request a Refund or Replacement: If the manufacturer cannot fix the defect after a reasonable number of attempts, you can request a replacement vehicle or a refund. In addition, the refund should cover the purchase price minus a reasonable allowance for use.
File a Complaint: If the manufacturer denies your request, you can file a complaint with the New Mexico Attorney General’s Office or seek legal assistance.
Alternatives to Litigation
Going to court can resolve a lemon law claim. However, you have options that might be faster and less costly than court.
Settlement: Many lemon law cases settle out of court. Both parties can negotiate a settlement at any time during the litigation process. Courts often have procedures to assist with settlement discussions.
Arbitration: In arbitration, both sides select a neutral third party to resolve their dispute. Arbitration can be binding or non-binding, depending on state rules and the terms agreed upon by both parties.
Mediation: This approach involves a neutral third party who helps both sides negotiate a settlement. The mediator does not make a binding decision but facilitates discussions to help reach a mutually acceptable resolution.
How Lemberg Law Can Help
Lemberg Law specializes in lemon law cases, offering comprehensive legal support to consumers facing vehicle defects. Here’s how we can assist you:
Free Case Evaluation: Lemberg Law provides a no-obligation case evaluation to determine if your vehicle qualifies under New Mexico Lemon Law.
Expert Guidance: Our seasoned attorneys will navigate you through the legal process, ensuring you understand your rights and options.
No Cost to You: Lemberg Law operates on a contingency fee basis, meaning you pay nothing unless you win your case.
Proven Track Record: With a history of successful lemon law cases, Lemberg Law has the expertise to handle even the most complex claims.
Understanding the New Mexico Lemon Law
In New Mexico, lemon vehicles fall under the New Mexico Lemon Law, the Magnuson-Moss Warranty Act (federal lemon law), or both. Transitioning to these laws can provide relief, including a refund, replacement, or compensation for diminished value, as well as incidental and consequential damages. Moreover, qualified consumers can receive representation from New Mexico lemon law attorneys at no cost because the law covers attorneys’ fees.
Why Choose Lemberg Law?
Choosing the right legal representation can significantly impact the outcome of your lemon law case. Here’s why Lemberg Law stands out:
Consumer-Focused: Lemberg Law is dedicated to protecting consumer rights and ensuring fair treatment.
Experienced Team: Our team of attorneys has extensive experience handling lemon law cases across various states, including New Mexico.
Comprehensive Support: From initial consultation to final resolution, Lemberg Law provides unwavering support throughout the process.
Contact Lemberg Law
If you suspect your vehicle is a lemon, contact Lemberg Law for a free consultation. Our team is here to help you get the compensation you deserve.
The New Mexico Lemon Law is designed to protect consumers from the financial and safety risks of defective vehicles. By knowing your rights and taking the right steps, you can secure a replacement or a refund for your lemon.
Lemberg Law provides expert legal assistance to ensure you receive the compensation you deserve. With our support, you can turn a frustrating experience into a successful resolution. If you think you have a lemon, reach out to Lemberg Law today for a no-obligation consultation.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
i bought a 2016 hyundia tuscon thru a dealer so it was certified used. I bought it on sept 4th, 2019 and on June 8 while driving it started making weird noises, then blew heavy amounts of while smoke. i pulled into a parking lot turned off the car. when i started the car again the check engine light finally came on. when i had the engine checked there is oil in cyclinder 2 and 3. i still owe 9000 dollars on it and the warranty was 90 days. it has 113,000 miles on it. I put about 17000 of those miles on it. is it covered under the lemon law?
Have you recently purchased or leased a vehicle in New Mexico that has started to have mechanical problems? Don’t worry. New Mexico’s Lemon Law offers you legal protection. It ensures you get a replacement or a refund for your defective vehicle.
i bought a 2016 hyundia tuscon thru a dealer so it was certified used. I bought it on sept 4th, 2019 and on June 8 while driving it started making weird noises, then blew heavy amounts of while smoke. i pulled into a parking lot turned off the car. when i started the car again the check engine light finally came on. when i had the engine checked there is oil in cyclinder 2 and 3. i still owe 9000 dollars on it and the warranty was 90 days. it has 113,000 miles on it. I put about 17000 of those miles on it. is it covered under the lemon law?