Lemon Law Basics: New Mexico Lemon Laws
Summary of New Mexico Lemon Law
What vehicles are covered under New Mexico lemon law?
New Mexico lemon law covers new and used passenger vehicles, motorcycles,
vans, and pickup trucks that are registered and purchased in New Mexico.
Commercial vehicles and vehicles with a gross vehicle weight of 10,000
pounds or more are not covered.
What problems are covered by New Mexico lemon law?
New Mexico lemon law states that if a consumer reports a serious defect
that causes a vehicle to fail to conform to its warranty, the manufacturer
must repair the defect at no cost. A serious defect is considered to be
one that impacts the vehicle's value, use, or safety. If the manufacturer
has had a reasonable number of attempts to repair the vehicle but the
nonconformity still exists, the manufacturer must repurchase or replace
the vehicle.
Under New Mexico lemon law, the manufacturer is presumed to have had
a reasonable number of attempts to repair the vehicle after four unsuccessful
attempts to repair the same nonconformity, or after the vehicle has been
out of commission for repairs for more than 30 business days.
Filing a claim under New Mexico lemon law
Before a consumer can start a court case under the New Mexico lemon law,
they must attempt to resolve the matter using the manufacturer's informal
settlement board. All New Mexico lemon law claims must be filed within
18 months of receipt of the vehicle, or 90 days after the final action
of the manufacturer's settlement board.
What settlements are possible under New Mexico lemon law?
If a vehicle is repurchased under New Mexico lemon law, the manufacturer
must pay a sum that includes the full purchase price of the vehicle, all
taxes, tags, registration fees, and other charges levied by the government,
and all incidental costs, like towing or alternate transportation, attributable
to the nonconformity. A reasonable offset for use of the vehicle may be
subtracted from this amount.
If a vehicle is replaced under New Mexico lemon law, the manufacturer
must provide a similar vehicle as the original. The consumer must pay
a reasonable amount for use of the original vehicle.
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