Recalls & Defects

What used motor vehicles are covered by the Used Car Lemon Law?
Used motor vehicles covered by the Used Car Lemon Law are defined as “self-propelled passenger vehicles that have been sold, bargained for, or exchanged and put into bona fide consumer use, or a motor vehicle whose title has been transferred after the first consumer purchase.”  This includes automobiles, pickup trucks, motorcycles, and vans used for personal, family or household purposes, which are sold and registered in the State of New Mexico.

Who qualifies as a used motor vehicle dealer?
According to the law, any person or business that sells or offers for sale, four or more used vehicles to consumers for use as transportation within twelve calendar months and is doing business within the state of New Mexico, but not necessarily located with in the state, qualifies is as a Used Motor Vehicle Dealer.

What vehicles does the Used Car Lemon Law not cover?
Non-passenger vehicles,,; company vehicles or any vehicle that is not for personal use,,; vehicles with a gross weight that exceeds 10,000 pounds,,; any vehicle that is not self-propelled,,; ATVs,,; dirt bikes,,; any off-road vehicle,;, golf carts,;, tractors,;, skid steers,;, lawn mowers,;, tongue pull and gooseneck trailers,;, travel trailers,;, vehicles sold at auction yards,;, casual sales (person to person sales),;, and or company  or government vehicles sold to employees or the public.

What protection does the Used Car Lemon Law provide for consumers?
It provides a promise that the goods sold are fit for the ordinary purpose for which they are intended. Under the law, every used motor vehicle covered by the law and offered for sale by a dealer will carry with it an implied warranty for 15 days or 500 miles, which ever comes first. During this warranty period, the vehicles is to be in reasonably safe condition and substantially free of defects that could impair its reasonable use as transportation on public roads.

What if the car has defects that the dealer was aware of?
Any defects meeting these conditions and that the dealer is aware of, or reasonably should have been aware of, must be properly disclosed of at the time of sale. If not, or the consumer you can attempt to return the vehicle for a full refund of all monies and property and the purchase agreement can be rescinded or voided. 

What if the car has defects that the dealer was not aware of?
If any defects occur during the warranty period that were not disclosed and the Dealer did not or should not necessarily have been aware know of the defects, then the Dealer has two attempts to repair and bring the vehicle up to the minimum standards required by the Used Car Lemon Law. The consumer is You are only obligated to pay a maximum of $25.00 or one-half the cost of repairs, whichever is less.  If, after two attempts, the Dealer is unable to remedy the defects, then the consumer has you have the option to rescind the contract and return the vehicle to the Dealer.  The Dealer must accept the vehicle back and return all monies and property to the consumer - you.  The consumer is only obligated to pay a maximum of $25.00 or one-half the cost of repairs, whichever is less, for the first two repairs.  If you the consumer decides to keep the car after the first two repair attempts, then the consumer is you are liable for all subsequent repairs that are needed.  (this may be a little lengthy for this subject heading.....do with it what you will) 

What is “proper disclosure” of defects?
If the dealer is aware of any defect(s)s that would make the vehicle unsafe or impair its mechanical operation they must be disclosed of properly and accurately. The dealer must fully and accurately disclose any defect(s) to the consumer. If the If the consumer agrees to purchase the vehicle after disclosure of the defect(s), a conspicuous statement must be printed, signed, and dated on the first page of the sales agreement in at least ten-point boldface type in the language in which the presentation was made. The statement must including the a description of the vehicle’s problems with the vehicle that the  dealer has disclosed and you must an acknowledgement by the consumer  that she or he you have agreed to buy the vehicle on those terms. Disregard those changes....this is just two long try to break it up or something......but the message you are trying to convey is accurate.

What can void the 15-day/500 mile warranty?
Damage that result from off-road use, racing, towing, abuse, misuse, neglect, failure to perform regular maintenance, and failure to maintain adequate oil, coolant, and other required fluids or lubricants.  Also, if you the consumer notices a defect within the warranty period that was not disclosed and takes the vehicle to be repaired by their consumer notices a defect within the warranty period that was not disclosed and takes the vehicle to be repaired by his or her own mechanic instead of, and not the Dealer, the warranty is void. 

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