Free New Mexico Lemon Law FAQs | Free New Mexico Lemon Law Legal Documents

Does The Manufacturer Have To Tell Potential Purchasers Of The Car That It Was Deemed A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, full written disclosure is required by law, including the nature of the nonconformity.

Does The State Of New Mexico Have A Used Car Lemon Law?

Mon, 04 Jun 2007 21:51:22 GMT

No.

What Are My Options For Action Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 vehicle or a refund via the following options:

What Are The Possible Outcomes?

Tue, 29 May 2007 21:19:00 GMT

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 refund. You can reject a replacement and demand a refund.

Under the Lemon Law, a reasonable allowance for use will be taken by the manufacturer, based on the number of miles driven from date of delivery. After this deduction, you are entitled to receive a replacement vehicle or a reimbursement of the full purchase price as well as all taxes, license, title, registration fees paid, and other collateral charges.

If the following conditions prevail, you are not eligible for legal remedy under the Lemon Law:

The manufacturer proves that it has not had a reasonable opportunity to repair your car. For example, they prove that the number of repair attempts was not reasonable because you did not follow the terms of the warranty or some event (such as a labor strike, war, or natural disaster) prevented timely repairs.
If the manufacturer proves that no problem exists or that the problem does not substantially impair the vehicle`s use, value, or safety.
If the defect was the result of abuse, neglect, unauthorized alterations or modifications, or an accident.

What Do I Need To Do Before I Can Claim That My Car Is A Lemon?

Mon, 04 Jun 2007 21:51:22 GMT

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 your vehicle has undergone a reasonable number of attempts in the following situations:

If you have taken the car in for at least four unsuccessful repair attempts for the same defect, and the defect continues to exist;
Or, if the car has been out of service for a cumulative total of 30 or more days , and the defect continues to exist.

You must provide written notification to the manufacturer (not to the dealer) of the defect, giving the manufacturer a final opportunity to repair it. In this notice, it is suggested that you include the following information: your name and contact information; a description of the problem and repair history; and the vehicle`s year, make, model, and vehicle ID number.

The manufacturer is then required to make one final attempt to repair the defect.

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

Tue, 29 May 2007 21:19:00 GMT

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.

What Is The Lemon Law Term Of Protection?

Tue, 29 May 2007 21:19:00 GMT

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 term of protection may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

What Types Of Defects Are Covered?

Tue, 29 May 2007 21:19:00 GMT

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 your abuse, neglect, or unauthorized modifications or alterations.

What Vehicles Are Covered Under The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

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 in the state of New Mexico; have gross vehicle weight of less than 10,000 pounds; and be used primarily for personal, family, or household purposes.

The following table summarizes what is covered, how many times the vehicle has to be repaired for the same defect and the warranty period.

Vehicles Covered

Repair Interval and Coverage Period

A passenger motor vehicle including an automobile, pickup truck, motorcycle or van normally used for personal, family or household purposes with a gross vehicle weight less than 10,000 pounds.

4 repair attempts or 30 business days out of service.

Warranty period or 1 year.

Note:

Generally, the term Repair Attempts, as it relates to Lemon Law, refers to one or more attempts to fix the same defect although some states consider a vehicle to be a lemon if it required the specified number of repairs within the coverage period.

A car is out of service while being repaired or waiting for parts.

Warranty Period refers to the Manufacturer`s Express Warranty. Where the Coverage Period lists more than 1 option, the period applies to that option which occurs first.

This is only a summary, to get the complete Lemon Law Statute select your state from the combo box menu on the right side of this page, and click Get Statute.

Where Can I Get More Information About The Lemon Law?

Tue, 29 May 2007 21:19:00 GMT

New Mexico Office of the Attorney General
Consumer Protection Division
P.O. Drawer 1508
Santa Fe, NM 87504
5058276060 or 8006781508

Consumer AlertLine: 8003002020

State Bar of New Mexico
121 Tijeras Street N.E., Albuquerque, NM 87125
5058436132
www.nmbar.org

Center for Auto Safety (CAS)
2001 S Street NW
Washington DC 200091160
2023287700
www.autosafety.org
CAS is a non profit consumer group specializing in auto issues. They can help you find out about safety recalls, Lemon Law, secret warranties, and other general information.

Car Talk Car Reports:
You might want to run a Car Talk Car Report (http://cartalk.cars.com/Tools/carreport.pl) on your car, to see if there have been any recalls, Technical Service Bulletins, or a large number of complaints on file relating to your particular problem.

National Highway Traffic Safety Administration (NHTSA)
400 Seventh Street SW, Washington, DC 20590
Auto Safety Hotline: 8004249393
NHTSA can give you information on the safety recall history of your vehicle.

Free Lemon Law Attorney FAQs

Sun, 29 Nov 2009 05:05:15 GMT

Free Lemon Law Attorney FAQs