The Motor Vehicle Quality Assurance Act, also known as the New Mexico lemon law, states that a consumer must provide a written opportunity for repair to the authorized agent, dealer, or manufacturer where the vehicle in question was originally purchased. The request for repairs shall be made within the time frame of the express warranty or within one year of the purchase date, whichever is earliest. The authorized agent, dealer, or manufacturer shall make all repairs in order for the vehicle to conform to the express warranty.
If the vehicle cannot be repaired after a reasonable amount of times or if the vehicle cannot be used due to repairs for a cumulative total of thirty days, the vehicle may be considered a lemon. Additionally, the use, value, or safety of the vehicle must decline substantially. The authorized agent, dealer, or manufacturer will then either provide the consumer with a comparable vehicle or accept the return of the vehicle and refund the original purchase price.
Some car owners who claim to have a lemon vehicle may be accused of abusing, neglecting, or making unauthorized modifications to their vehicle. If this is determined to be true, the vehicle is not a lemon in New Mexico. This is also true if a consumer falsifies a complaint.
If your vehicle has been to the repair shop multiple times for the same defect, but the problem still exists, there is a good chance you have a lemon. Howard D. Silver is a California lemon law attorney with extensive knowledge and experience in consumer protection. To learn more about your legal rights and how Mr. Silver can help you, call 1-800-49-LEMON for a free consultation.
