Lemon Law - New Mexico
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
57-16A-1 Short title.
This act may be cited as the
"Motor Vehicle Quality Assurance Act".
57-16A-2 Definitions.
As used in the Motor Vehicle
Quality Assurance Act
A. "collateral
charges" means those additional charges to a consumer not
directly attributed to a manufacturer's suggested retail price label
for a new motor vehicle and includes all taxes, license, title and
registration fees and other governmental charges related to the
purchase of the vehicle;
B. "comparable motor
vehicle" means an identical or reasonably equivalent motor
vehicle;
C. "consumer"
means the purchaser, other than for purposes of resale, of a new
motor vehicle normally used for personal, family or household
purposes, any person to whom such a motor vehicle has been
transferred during the duration of an express warranty applicable to
the motor vehicle and any other person entitled by the terms of the
warranty to enforce the obligations of the warranty;
D. "express
warranty" means any written affirmation of the fact of promise
made by a manufacturer to a consumer in connection with the sale of
new motor vehicles which relates to the nature of the material or
workmanship or to a specified level of performance over a specified
period of time, including any terms or conditions precedent to the
enforcement of obligations pursuant to the warranty;
E. "manufacturer"
means any person engaged in the manufacturing, assembling, importing
or distributing of a motor vehicle as a regular business; and
F. "motor vehicle"
means a passenger motor vehicle including an automobile, pickup
truck, motorcycle or van normally used for personal, family or
household purposes which is sold and registered in this state and
whose gross vehicle weight is less than ten thousand pounds.
57-16A-3 Conformation to express
warranties.
A. If a new motor vehicle
does not conform to all applicable express warranties and the
consumer reports the nonconformity to the manufacturer, its agent or
its authorized dealer during the term of such express warranties or
during the period of one year following the date of original
delivery of the motor vehicle to a consumer, whichever is the
earlier date, the manufacturer, its agent or its authorized dealer
shall make such repairs as are necessary to conform the vehicle to
such express warranties.
B. If the manufacturer or
its agent or authorized dealer, after a reasonable number of
attempts, is unable to conform the new motor vehicle to any
applicable express warranty by repairing or correcting any defect or
condition which substantially impairs the use and market value of
the motor vehicle to the consumer, the manufacturer shall replace
the motor vehicle with a comparable motor vehicle or accept return
of the vehicle from the consumer and refund to the consumer the full
purchase price including all collateral charges, less a reasonable
allowance for the consumer's use of the vehicle. The subtraction of
a reasonable allowance for use shall apply when either a replacement
or refund of the new motor vehicle occurs. As used in this
subsection, a reasonable allowance for use shall be that amount
directly attributable to use by the consumer prior to his first
report of the nonconformity to the manufacturer, agent or dealer and
during any subsequent period when the vehicle is not out of service
by reason of repair. Refunds shall be made to consumers or lien
holders as their interests may appear.
C. It shall be presumed that
a reasonable number of attempts as mentioned in Subsection B of this
section have been undertaken to conform a new motor vehicle to the
applicable express warranties if:
(1) the same uncorrected
nonconformity has been subject to repair four or more times by the
manufacturer or its agents or authorized dealers within the express
warranty term or during the period of one year following the date of
original delivery of the motor vehicle to a consumer, whichever is
the earlier date, but the nonconformity continues to exist; or
(2) the vehicle is in the
possession of the manufacturer, its agent or authorized dealer for
repair a cumulative total of thirty or more business days during
such term or during such period whichever is the earlier date,
exclusive of down time for routine maintenance as prescribed by the
manufacturer. The term of an express warranty, such one-year period
and such thirty-day period shall be extended by any period of time
during which repair services are not available to the consumer
because of war, invasion, strike, fire, flood or other natural
disaster. In no event shall the presumption herein provided apply
against a manufacturer unless the manufacturer has received prior
direct written notification from or on behalf of the consumer and an
opportunity to cure the defect alleged. The manufacturer shall
provide written notice and instruction to the consumer, either in
the warranty or a separate notice, of the obligation to file this
written notification before invoking the remedies available pursuant
to the Motor Vehicle Quality Assurance Act.
57-16A-4 Affirmative defenses.
It shall be an affirmative defense
to any claim under the Motor Vehicle Quality Assurance Act that:
A. an alleged nonconformity
does not substantially impair the use and market value of the motor
vehicle;
B. a nonconformity is the
result of abuse, neglect or unauthorized modifications or
alterations of the motor vehicle;
C. a claim by a consumer was
not filed in good faith; or
D. any other affirmative
defense allowed by law.
57-16A-5 Limitation of remedy.
Any consumer who seeks enforcement
of the provisions of the Motor Vehicle Quality Assurance Act shall
be foreclosed from pursuing any Uniform Commercial Code remedy set
forth in Sections 55-2-602 through 55-2-608 NMSA 1978.
57-16A-6 Informal dispute
resolution.
If a manufacturer has established
or participates in a fair and impartial informal dispute settlement
procedure which substantially complies with the substantive
requirements of Title 16, Part 703 of the Code of Federal
Regulations, the provisions of Subsection B of Section 3 [57-16A-3B
NMSA 1978] of the Motor Vehicle Quality Assurance Act concerning
refunds or replacement shall not apply to any consumer who has not
first resorted to that procedure. The state attorney general may
investigate and determine that the informal dispute settlement
procedure is fair and impartial and conforms with the requirements
of Title 16, Part 703 of the Code of Federal Regulations.
57-16A-7 Resale of returned
motor vehicle.
No motor vehicle which has not been
properly repaired pursuant to the provisions of Subsection B of
Section 3 [57-16A-3 NMSA 1978] of the Motor Vehicle Quality
Assurance Act, or pursuant to a similar law of another state, may be
resold in New Mexico unless the manufacturer provides full written
disclosure of the reason for the return to any prospective buyer.
57-16A-8 Limitation of action.
Any action brought to enforce the
provisions of the Motor Vehicle Quality Assurance Act shall be
commenced within eighteen months following the date of original
delivery of the motor vehicle to a consumer, or, in the event that a
consumer resorts to an informal dispute settlement procedure
pursuant to Section 6 [57-16A-6 NMSA 1978] of the Motor Vehicle
Quality Assurance Act, within ninety days following the final action
of the panel, whichever is later.
57-16A-9 Reasonable attorney
fees.
A consumer who prevails in an
action brought to enforce the provisions of the Motor Vehicle
Quality Assurance Act shall be entitled to receive reasonable
attorneys' fees and court costs from the manufacturer. If a consumer
does not prevail in such an action and brings that action for
frivolous reasons or in bad faith, the manufacturer shall be
entitled to receive reasonable attorneys' fees and court costs from
the consumer.
Find other Lemon Laws in these
states:
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified by state lemon law. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
Lemon Law - Lemon
Law - Lemon Law- Lemon Law
