What If My Problem Does Not Fit The Requirements Of My State's Lemon Law?

If your vehicle does not meet the term of protection or other specifics of the Lemon Law, it does not mean that your rights stop there. You still may be able to invoke the Lemon Law as long as you can justify that the number of repair attempts or days out of service that you encountered were unreasonable.

You may also have other rights under other state and federal laws, such as the following: the federal MagnusonMoss Warranty Act ; the Uniform Commercial Code (UCC); your service contract or extended warranty; secret warranties; implied warranties; express warranties; unfair and deceptive acts and practices (UDAP); and strict liability and negligence.

Consult an attorney, the Consumer Protection Division of the New Mexico Office of the Attorney General, or the Center for Auto Safety (CAS) to determine which remedy would be best for your situation.

Other New Mexico Lemon Law FAQs

Q: What Vehicles Are Covered Under The Lemon Law?
A: This law covers passenger vehicles including automobiles, pickup trucks, motorcycles, and vans. In order to be covered, these vehicles must be both sold and registered … More
Q: What Is The Lemon Law Term Of Protection?
A: The term of protection is for the first year of ownership from the date of delivery, or expiration of the manufacturer`s express warranty, whichever occurs first. This … More
Q: What Types Of Defects Are Covered?
A: It covers defects that are covered by the manufacturer`s warranty, that substantially impair the use and market value of the vehicle, and that are not the result of … More
Q: What Do I Need To Do Before I Can Claim That My Car Is A Lemon?
A: Within the Lemon Law`s term of protection, the vehicle must have been taken in for a reasonable number of attempts to repair the defect(s). It is already presumed that … More
Q: What Are My Options For Action Under The Lemon Law?
A: If a manufacturer either fails to make a final attempt to repair the defect, or if the defect still exists after such an attempt, you may seek to receive a replacement … More
Q: What Are The Possible Outcomes?
A: If it has been determined that your vehicle is a lemon, you may choose between receiving from the manufacturer a replacement with a new, comparable vehicle, or a … More
Q: Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?
A: Yes, full written disclosure is required by law, including the nature of the nonconformity.
Q: Does The State Of New Mexico Have A Used Car Lemon Law?
A: No.
Q: Where Can I Get More Information About The Lemon Law?
A: New Mexico Office of the Attorney General Consumer Protection Division P.O. Drawer 1508 Santa Fe, NM 87504 5058276060 or 8006781508 Consumer … More