You are currently viewing our Lemon Law reference page for : New Mexico – Statute §57-16A-1
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Vehicles Covered:
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Passenger vehicles, sold or registered in state,
whose gross vehicle weight is less than 10,000lbs, including automobiles,
pick-up trucks, motorcycles and vans.
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Persons Covered:
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Purchasers, transferees during express warranty
period or any persons entitled to enforce the warranty where vehicle used
for personal, family, or household purposes.
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Period Covered:
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Whichever is first: term of express warranty
or within one year from date of delivery.
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Notice Requirement:
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(a) Manufacturer – written notice and instruction,
in the warranty or separate notice, of the consumer's obligation to file
a written notice to the manufacturer; (b) Consumer – direct written notice
for or on behalf of the consumer; opportunity to cure.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the same nonconformity has been subjected to four or
more repairs, or the vehicle is out of service for a cumulative total
of 30 or more business days.
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Affirmative Defenses:
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The nonconformity does not significantly impair
the use, market value of the vehicle, or is the result of abuse, neglect,
or any unauthorized modifications or alterations; the claim is not filed
in good faith; any other defenses allowed by law.
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Replacement/Refund:
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Less a reasonable allowance (defined), the manufacturer
shall replace with a comparable vehicle, or refund the full purchase price.
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Other Reimbursement:
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Collateral charges (defined). Refund to the
consumer and lien holder: Attorney fees.
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Other remedies:
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A consumer who seeks enforcement under this
act is foreclosed from pursuing any UCC remedy.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the manufacturer
provided that it complies with 16 C.F.R. 703.
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Dealer Liability:
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Resale of Lemon:
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Full disclosure required.
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