Earlier this month, we spoke about how you can protect yourself from auto dealership misrepresentation. But, the blog did not fully address what would happen to you if you were already sold a vehicle. If you realize that the vehicle you were sold might have been misrepresented, New Mexico’s “Lemon Law” might apply to you.
New Mexico’s Lemon Law
In New Mexico, every used vehicle is sold with a 15-day/500-mile warranty, whichever comes first. No car can be sold “as-is.” It also states that as a buyer, :
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- You must let the seller know that there was an incident that occurred within the 15-day/ 500-mile period that significantly limits the use of the car within 30 days of purchase
- You must take the vehicle to the dealership for inspection and repair before you take it to any other repair shop
- If the contract you signed did not include the “Used Car Lemon Law” disclosure in writing, you can cancel the contract and get your money back
- If the dealer refuses to honor the 15-day/500-mile warranty as required by law, you have the right to cancel your contract and get your trade-in back (if applicable)
- If the dealership is unable to repair the issue, you have the ability to cancel your contract
- The damage within the 15-day/500-mile warranty does not apply to off road use, racing, towing, abuse, misuse, neglect, failure to maintain fluids or perform maintenance
- The law does not apply if the buyer is told in writing that the vehicle has mechanical issues with it before the sale
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Ensure you get all of the details of your contract in writing. Never trust a verbal promise, as these are difficult to prove and enforce.
Contacting the Attorney General’s Office
The last resort for the “Lemon Law” is to contact the New Mexico Attorney General’s office. They’ll have the absolute latest information when it comes to what is and is not legal, filing a consumer complaint and how to hold the seller accountable for misrepresentation.
