This act [57-16A-1 to 57-16A-9 NMSA 1978] may be cited as the “Motor Vehicle Quality Assurance Act”. History: Laws 1985, ch. 220, § 1. ANNOTATIONS Law reviews. — For article, “New Mexico’s ‘Lemon Law’: Consumer Protection or Consumer Frustration?”, see 16 N.M.L. Rev. 251 (1986). Am. Jur. 2d, A.L.R. and C.J.S. references. — 17 Am. […]
As used in the Motor Vehicle Quality Assurance Act: A. “collateral charges” means additional charges to a consumer not directly attributed to a manufacturer’s suggested retail price label for a new motor vehicle and includes all taxes, license, title and registration fees and other governmental charges related to the purchase of the vehicle; B. “comparable […]
A. If a new motor vehicle does not conform to all applicable express warranties and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of such express warranties or during the period of one year following the date of original delivery of the motor vehicle to a […]
A. Unless a seller is a used motor vehicle dealer, before the seller attempts to sell a used motor vehicle, the seller shall possess the title to the used motor vehicle and the title shall be in the seller’s name. B. Except as otherwise provided in the Motor Vehicle Quality Assurance Act, a used motor […]
It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act that: A. an alleged nonconformity does not substantially impair the use and market value of the motor vehicle; B. a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle; C. a claim […]
Any consumer who seeks enforcement of the provisions of the Motor Vehicle Quality Assurance Act shall be foreclosed from pursuing any Uniform Commercial Code remedy set forth in Sections 55-2-602 through 55-2-608 NMSA 1978. History: Laws 1985, ch. 220, § 5.
If a manufacturer has established or participates in a fair and impartial informal dispute settlement procedure which substantially complies with the substantive requirements of Title 16, Part 703 of the Code of Federal Regulations, the provisions of Subsection B of Section 3 [57-16A-3B NMSA 1978] of the Motor Vehicle Quality Assurance Act concerning refunds or […]
No motor vehicle which has not been properly repaired pursuant to the provisions of Subsection B of Section 3 [57-16A-3 NMSA 1978] of the Motor Vehicle Quality Assurance Act, or pursuant to a similar law of another state, may be resold in New Mexico unless the manufacturer provides full written disclosure of the reason for […]
A manufacturer, its agent, its authorized dealer or a used motor vehicle dealer that has been ordered by judgment or decree to replace or repurchase or that has replaced or repurchased a motor vehicle pursuant to the Motor Vehicle Quality Assurance Act shall, before offering the motor vehicle for resale, attach to the motor vehicle […]
Any action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be commenced within eighteen months following the date of original delivery of the motor vehicle to a consumer, or, in the event that a consumer resorts to an informal dispute settlement procedure pursuant to Section 6 [57-16A-6 NMSA 1978] of […]
A consumer who prevails in an action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act shall be entitled to receive reasonable attorneys’ fees and court costs from the manufacturer. If a consumer does not prevail in such an action and brings that action for frivolous reasons or in bad faith, the […]
