The state of New Mexico combines both their own laws and federal laws
together in regards to lemon products. These combined laws state that
consumers of New Mexico are entitled to compensation after purchasing a
defective motor vehicle.
Only certain vehicles are eligible for lemon compensation and include
automobiles, trucks, motorcycles, boats, recreational vehicles, and
computers. Other consumer products and appliance may also apply. New
Mexico law states that the product, normally a motor vehicle, must have
undergone several repair attempts while still under the manufacturer's
express warranty.
Lemon compensation in this state can include cash compensation,
replacement, or refund. Those who may qualify for lemons are requested
to consult an attorney. An attorney will be able to determine if a
defect is in fact a lemon or not. Lemon defects are required to either
hinder the market value of the motor vehicle or be a defect that may
hinder the safety of the passengers or driver.
Statutes
Each state has specific statutes in which lemon laws are listed. The
lemon laws of New Mexico began in 1985 and include the Motor Vehicle
Quality Assurance Act. This act defines the different characteristics
of motor vehicles and the terms related.
New Mexico Lemon Law 57-16A-3 states the necessity for a valid express
warranty. This section says that if a consumer presents a motor vehicle
to the manufacturer for a nonconformity defect, the manufacturer or
agent is required to attempt a repair on the motor vehicle but only if
the motor vehicle is still under the express warranty. If the motor
vehicle has an expired express warranty the manufacturer or agent is
not required to attempt repair on the nonconformity.
Replacement
While still under express warranty if the manufacturer cannot repair
the defective nonconformity in a reasonable number of attempts, the
manufacturer is required to replace the motor vehicle. This is only
possible if the lack of repair would hinder the motor vehicle's market
value.
A replacement vehicle will be comparable to the lemon vehicle. If the
consumer declines a replacement vehicle, he or she may be refunded in
compensation. Such compensation will include the purchasing price of
the motor vehicle, collateral charges, taxes, registration fees,
licensing fees, and any other government required fee payments. If a
motor vehicle has signs of neglect or abuse such compensation may be
subtracted from the refunded amount.
Eligibility
Motor vehicles will only be subject to manufacturer repair attempts and
possible replacement if the consumer shows that the motor vehicle has
four or more attempted repairs made to the same nonconforming defect.
If the nonconformity still exists after a reasonable number of repair
attempts and while still under one year's time since the vehicle's
original delivery date, the manufacturer is required to attempt a
repair.
If the manufacturer has the motor vehicle, while attempting repair, for
more than thirty calendar days and the express warranty has terminated,
the agent or manufacturer is still required to repair the motor
vehicle. Such an agreement will be agreed in written consent prior to
an attempted repair.