Lemon Law in New Mexico
The state of New Mexico combines both their own laws and federal laws together in regards to lemon products. These combined laws state that consumers of New Mexico are entitled to compensation after purchasing a defective motor vehicle.
Only certain vehicles are eligible for lemon compensation and include automobiles, trucks, motorcycles, boats, recreational vehicles, and computers. Other consumer products and appliance may also apply. New Mexico law states that the product, normally a motor vehicle, must have undergone several repair attempts while still under the manufacturer’s express warranty.
Lemon compensation in this state can include cash compensation, replacement, or refund. Those who may qualify for lemons are requested to consult an attorney. An attorney will be able to determine if a defect is in fact a lemon or not. Lemon defects are required to either hinder the market value of the motor vehicle or be a defect that may hinder the safety of the passengers or driver.
Each state has specific statutes in which lemon laws are listed. The lemon laws of New Mexico began in 1985 and include the Motor Vehicle Quality Assurance Act. This act defines the different characteristics of motor vehicles and the terms related.
New Mexico Lemon Law 57-16A-3 states the necessity for a valid express warranty. This section says that if a consumer presents a motor vehicle to the manufacturer for a nonconformity defect, the manufacturer or agent is required to attempt a repair on the motor vehicle but only if the motor vehicle is still under the express warranty. If the motor vehicle has an expired express warranty the manufacturer or agent is not required to attempt repair on the nonconformity.
While still under express warranty if the manufacturer cannot repair the defective nonconformity in a reasonable number of attempts, the manufacturer is required to replace the motor vehicle. This is only possible if the lack of repair would hinder the motor vehicle’s market value.
A replacement vehicle will be comparable to the lemon vehicle. If the consumer declines a replacement vehicle, he or she may be refunded in compensation. Such compensation will include the purchasing price of the motor vehicle, collateral charges, taxes, registration fees, licensing fees, and any other government required fee payments. If a motor vehicle has signs of neglect or abuse such compensation may be subtracted from the refunded amount.
Motor vehicles will only be subject to manufacturer repair attempts and possible replacement if the consumer shows that the motor vehicle has four or more attempted repairs made to the same nonconforming defect. If the nonconformity still exists after a reasonable number of repair attempts and while still under one year’s time since the vehicle’s original delivery date, the manufacturer is required to attempt a repair.
If the manufacturer has the motor vehicle, while attempting repair, for more than thirty calendar days and the express warranty has terminated, the agent or manufacturer is still required to repair the motor vehicle. Such an agreement will be agreed in written consent prior to an attempted repair.