Lemon Law in New Mexico
Credit Karma reports that the average payment for a new car has reached $644 per month. For used cars, that figure is $488.
New Mexico residents paying unprecedented amounts for their vehicles is terrible enough. But, when you have one that doesn’t work, it’s in your best interest to seek remedies. When dealerships fail to make things right, you may need to know the information contained in this article.
What Is a Lemon Law?
Lemon laws deal with consumer protections that are particularly applicable to automobile purchases. For any lemon law to apply, the automobile must suffer from a defect. This problem should be outside the purchaser’s control, like a manufacturer issue. Furthermore, lemon laws apply if a certain number of reasonable repairs happened to the vehicle in question to no avail.
When Do New Mexico Lemon Laws Apply?
Lemon laws only apply when the vehicle in question is under warranty. This restriction does not mean it has to have a new guarantee. There are often dealership warranties attached to certified used cars. Under the federal lemon law requirements, conditions must meet the following criteria:
- The manufacturer attempted to fix the issue on several occasions. Note that the number of conditions that merit a lemon law application can vary based on the court’s opinion.
- There have been attempts to address the issue(s) in question within the first two years of owning and operating the vehicle.
- The car has been out of service for at least 30 days. Note that the days do not have to be consecutive.
How Do You Ensure the Application of Lemon Laws?
There are some common practices that you can take that better position you when citing lemon law:
- You should only take the vehicle in question to the corresponding dealership for repairs. By taking it there, you establish credibility by showing the responsible party attempted to address the issue. If you take the vehicle to a mom-and-pop mechanic, the manufacturer cannot be held liable for any attempts made to fix the problem.
- Keep accurate and detailed records of any repairs made. This way, if your case goes to trial, have accurate logs that detail the manufacturer’s opportunities to fix the mechanical issues. This detail also helps build a timeline of how long you could not use your vehicle.
Lemon law statutes vary by state. You should research the lemon law requirements in New Mexico to ensure you remain within the legal confines.
Most of the protections available come from the Motor Vehicle Quality Assurance Act. This state law says dealers should have, and make, reasonable attempts to fix the issues. The current threshold is four repairs that put the car out of service for thirty days or more. Dispute resolution options may be available after this has elapsed, and after an investigation by the New Mexico Attorney General.
What Exactly Are Consumers Entitled To Under Lemon Laws?
You have a legal entitlement to a replacement vehicle or refund if New Mexico lemon laws apply. However, manufacturers may deduct a fee in proportion to the miles the owner put on the car or truck before it became unusable. This compensation should include:
- Down payment
- Registration
- Taxes
- Car rentals
- Monthly payments
- Tow expenses
- Attorney costs
Do Lemon Laws Apply to Used Vehicles?
Lemon laws can apply to used vehicles. However, this is for written warranties distributed along with the vehicle upon sale. Often, a used car dealership sells vehicles with a portion of the guarantee remaining. This situation incentivizes the purchase and (allegedly) puts the buyer’s mind at ease.
The New Mexico Attorney General states that used car dealers must provide a 15-day, 500-mile warranty. However, you may not always discover a significant defect until after this period expires. In that case, you may want to discuss options with a lemon law lawyer about the Magnuson-Moss Warranty Act.
When Should You Hire a qualified New Mexico Lemon Law Attorney?
Have you attempted to have your vehicle repaired at the dealership? Consumers should consider legal action when it doesn’t work for 30 days. If you can’t resolve the issue with the manufacturer, it may be time to bring in an experienced New Mexico lemon law attorney.
How Does the Lemon Law Litigation Process Work?
Consumers can expect to go through a series of motions by bringing in an experienced New Mexico lawyer. However, introducing legal counsel into the situation is the best way for consumers to receive a fair outcome. With most New Mexico lemon law attorneys, you can expect the following:
- Free Case Evaluation – Attorneys should review your case for free. They will determine its merit and whether you have a justifiable claim.
- Filing Your Claim – Your New Mexico legal representative should handle filing a claim with the manufacturer after determining the facts.
- Further Action – Your vehicle’s manufacturer may refuse to comply with the claim under federal and state statutes. Then your attorney files suit to seek entitled compensation on your behalf.
- Pursuing Settlement – The manufacturer should cover all costs and fees if you achieve a settlement before trial. This compensation will often include attorney fees.
- Contingency Fee Basis – At the end of the ordeal, clients should not have to pay for attorney’s fees. Even if you ultimately lose your case, a reputable New Mexico law firm should not charge clients fees. If you win your case, the manufacturer pays the attorney’s fees.
The Judicial Branch of New Mexico uses its trial courts to adjudicate lemon law litigation. As a result, you may need to attend hearings at the nearest district court.
Work With an Experienced Local Lawyer In New Mexico
Do you need immediate help? Then one of our experienced lawyers in New Mexico can help guide you through the Lemon Law litigation process. We can even help you connect with an attorney across New Mexico state lines!
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
Sometimes learning can lead to more questions. If you would like to know more about New Mexico law, we can help!