New Mexico Lemon Laws
New Mexico’s lemon laws state that if the buyer or lessee of a vehicle finds a major fault in it – which the manufacturers are unable to fix even after 4 valid attempts by the vehicle manufacturer to repair it – the manufacturer is liable to repurchase or replace the faulty vehicle. This law applies to the vehicle throughout its express warranty period, and if the vehicle is still under its warranty period and meets the eligibility criteria as specified by New Mexico’s state laws, the owner of the vehicle can claim their lemon aid and demand the manufacturers to provide them with the necessary reimbursement, in the form of a refund or replacement of the faulty vehicle through arbitration. The repurchase costs will also cover any additional costs the owner underwent while purchasing the vehicle.
New Mexico Lemon Law Time Limit & Eligibility
A vehicle that is eligible for a lemon aid in New Mexico must possess the qualities needed to be one. Mainly, the vehicle should be a passenger-type vehicle which is used only for noncommercial purposes in New Mexico’s roads and highways. The said vehicle should weigh less than 10,000 lbs in gross weight.
The eligibility period for New Mexico’s lemon law is the 18-month period following the first delivery date of the vehicle. If an informal dispute settlement was made, then the consumer may only apply after 9 months following the settlement’s final action.
Nonconforming Conditions of Lemon Law in New Mexico
Under the lemon law of New Mexico, a consumer may request for a lemon aid if the defects in their vehicle have a significant effect on its function, safety, or value. These problems should not be a direct result of the consumer’s negligence or abuse. Furthermore, the consumer may find themselves denied if an action from an informal dispute settlement has been agreed upon in the last 9 months.
New Mexico Lemon Law Repairs
Before filing under the lemon law, the consumer must first provide a formal notification of the problem to the manufacturer. The manufacturer may then begin to start repairs. However, if the problem persists even after 4 attempts at repairs, then the consumer may begin to file.
The consumer may also file if the vehicle has been out of service for repairs for a cumulative period of 30 days. However, this period may be extended if a natural disaster affects the manufacturer’s capacity to fix the problem.
Lemon Law Compensation in New Mexico
If successful, the consumer will be entitled to a full refund of the vehicle’s purchase price, including collateral charges, and other additional charges and fees related to the purchase of the vehicle. A reasonable allowance will be deducted for mileage.
The consumer may also be given the choice to have a replacement vehicle, instead. In doing so, the value of the replacement vehicle shall be similar to the value of the original vehicle minus a reasonable allowance for usage during the days when it was not out of service.
Lemon Law Used Vehicles New Mexico
The lemon law also covers used vehicles. However, the duration of the eligibility period for used vehicles is dependent on the day of delivery to the first owner.
Furthermore, a dealer of used vehicles is prohibited from modifying or excluding the express warranty of a vehicle within the vehicle’s first 15 days or 500 miles of usage after delivery. Upon doing so, the warranty will be declared void and the seller may be held liable under the Uniform Commercial Code.
Other New Mexico Laws