IN THE _____ JUDICIAL DISTRICT COURT
COUNTY OF _____, STATE OF NEW MEXICO
[PLAINTIFF FULL NAME],
an individual,
Plaintiff,
v.
[DEFENDANT MANUFACTURER LEGAL NAME],
a [STATE OF ORGANIZATION] corporation,
and
[DEFENDANT DEALERSHIP LEGAL NAME],
a [STATE OF ORGANIZATION] corporation,
Defendants.
Case No. ____
VERIFIED COMPLAINT FOR:
- Violation of the New Mexico Motor Vehicle Quality Assurance Act, NMSA 1978, §§ 57-16A-1 et seq. (“Lemon Law”)
- Breach of Express and Implied Warranties
- Violations of the New Mexico Unfair Practices Act, NMSA 1978, §§ 57-12-1 et seq.
- Declaratory, Injunctive, and Other Relief
[// GUIDANCE: Pleading drafted for state-court filing; remove counts not applicable to your fact pattern.]
Date of Filing: ___ / ___ / 20___
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Conditions Precedent
- Operative Facts
- Representations & Warranties Alleged
- Covenants & Statutory Duties
- Events of Default & Resulting Damages
- Risk Allocation & Statutory Caps
- Causes of Action (Counts I-IV)
- Prayer for Relief
- Dispute Resolution & Jury Demand
- General Provisions
- Verification & Signature Block
1. DOCUMENT HEADER
1.1 Parties
(a) Plaintiff: [PLAINTIFF NAME], residing at [ADDRESS].
(b) Defendant Manufacturer: [DEFENDANT MANUFACTURER], with principal place of business at [ADDRESS] and registered to transact business in New Mexico.
(c) Defendant Dealership: [DEFENDANT DEALER], located at [ADDRESS] and licensed under N.M. law.
1.2 Recitals
A. On [PURCHASE DATE], Plaintiff purchased a new [YEAR] [MAKE/MODEL] bearing Vehicle Identification Number (“VIN”) [VIN] (“Vehicle”) from Defendant Dealership.
B. The Vehicle was accompanied by Defendants’ written warranty(ies) and is covered by the New Mexico Lemon Law.
C. Despite multiple repair attempts, the Vehicle exhibits one or more “Nonconformities” (defined below) that substantially impair its use, value, or safety.
D. Plaintiff now seeks statutory remedies, including replacement of or refund for the Vehicle, plus all ancillary relief allowed by law.
1.3 Governing Law & Forum
This action is brought pursuant to the New Mexico Motor Vehicle Quality Assurance Act, NMSA 1978, §§ 57-16A-1 et seq., and other causes articulated herein. Venue lies in this Court under NMSA 1978, § 57-16A-6(D), and N.M. R. Civ. P. 1-003.
2. DEFINITIONS
The following terms, used throughout this Complaint, have the meanings set forth below:
“Act” – the New Mexico Motor Vehicle Quality Assurance Act, NMSA 1978, §§ 57-16A-1 et seq.
“Nonconformity” – any defect or condition that substantially impairs the use, market value, or safety of the Vehicle.
“Reasonable Number of Repair Attempts” – the threshold defined by § 57-16A-3(B) (four or more repair attempts) or § 57-16A-3(C) (out-of-service 30 or more cumulative days), whichever occurs first.
“Manufacturer’s Informal Dispute Settlement Procedure” – any procedure certified by the N.M. Attorney General under § 57-16A-6(A).
“Covered Period” – earlier of (i) the first 18 months after Vehicle delivery or (ii) the first 18,000 miles of operation.
“Replacement” – furnishing a comparable new motor vehicle acceptable to Plaintiff.
“Refund” – full purchase price less a reasonable allowance for Plaintiff’s use, as calculated under § 57-16A-4(A).
[// GUIDANCE: Expand or modify defined terms to match the specific facts and documents at issue.]
3. JURISDICTION, VENUE & CONDITIONS PRECEDENT
3.1 Jurisdiction is proper under Art. VI, § 13 of the N.M. Constitution and NMSA 1978, § 34-6-14.
3.2 Venue lies in _____ County because the purchase and warranty performance occurred here and Defendants conduct substantial business here.
3.3 Statutory Notice & Arbitration
(a) On [DATE], Plaintiff provided written notice of the Nonconformity to Defendants pursuant to § 57-16A-3(D).
(b) Plaintiff submitted the dispute to [ARBITRATION PROGRAM NAME], a procedure certified/not certified by the N.M. Attorney General. The proceeding concluded on [DATE] with [RESULT].
(c) Accordingly, all conditions precedent to filing this action have been performed or excused.
4. OPERATIVE FACTS
4.1 Vehicle Purchase & Warranty
Plaintiff purchased the Vehicle for $[PURCHASE PRICE], inclusive of taxes, fees, and accessories, and received Defendants’ [36-month/36,000-mile] bumper-to-bumper warranty, power-train warranty, and other express assurances.
4.2 Manifestation of Nonconformities
Beginning on or about [DATE], the Vehicle experienced [DESCRIBE DEFECTS—e.g., persistent engine stall, transmission slippage, air-bag malfunction].
4.3 Repair History
Between [DATE RANGE], Plaintiff presented the Vehicle to Defendants’ authorized repair facility on at least [NUMBER] occasions for the same Nonconformity(ies). Despite these attempts, the defects persist.
4.4 Out-of-Service Days
The Vehicle was out of service for repair an aggregate of ____ days within the Covered Period, exceeding the 30-day statutory threshold.
4.5 Defendants’ Failure to Replace or Refund
Defendants have failed or refused to offer a replacement vehicle or refund as mandated by § 57-16A-4.
5. REPRESENTATIONS & WARRANTIES ALLEGED
5.1 Express Warranties
Defendants expressly warranted that the Vehicle would be free from defects in materials and workmanship during the warranty term.
5.2 Implied Warranties
Under the Uniform Commercial Code, NMSA 1978, § 55-2-314, an implied warranty of merchantability arose upon sale.
5.3 Warranty Breach
The continuing Nonconformities constitute breaches of both express and implied warranties.
6. COVENANTS & STATUTORY DUTIES
6.1 Duty to Repair or Conform
Defendants were obligated to correct any Nonconformity within a reasonable number of attempts.
6.2 Duty to Provide Replacement or Refund
Upon failure to repair, Defendants were required to replace or refund pursuant to § 57-16A-4(A).
6.3 Duty of Good Faith
Defendants owed Plaintiff a duty of good faith in performing warranty obligations and in any informal dispute settlement proceedings.
7. EVENTS OF DEFAULT & RESULTING DAMAGES
7.1 Events of Default
Defendants defaulted by:
(a) Failing to repair defects after a reasonable number of attempts;
(b) Failing to provide a replacement or refund;
(c) Continuing to deliver the Vehicle in a non-conforming condition.
7.2 Damages
Plaintiff has suffered:
• Monetary loss equal to the full purchase price ($____) plus finance charges, taxes, and incidental costs;
• Loss of use, inconvenience, and consequential damages;
• Attorneys’ fees and costs permitted under § 57-16A-6(D).
8. RISK ALLOCATION & STATUTORY CAPS
8.1 Statutory Limitation of Liability
Under § 57-16A-4, Defendants’ refund obligation is capped at the Vehicle’s purchase price less a statutory reasonable-use offset, calculated as (miles driven ÷ 100,000) × purchase price.
8.2 No Indemnification Claim
This Complaint does not seek indemnification; Plaintiff reserves all statutory consumer protections.
9. CAUSES OF ACTION
COUNT I – Violation of the New Mexico Lemon Law
(Against All Defendants)
9.1-9.9 [Allege statutory elements, incorporate ¶¶ 1-8 by reference.]
Prayer: Replacement or refund, collateral charges, finance charges, attorneys’ fees, and costs.
COUNT II – Breach of Express Warranty
(Against Manufacturer)
9.10-9.17 [Allege breach facts.]
Prayer: Damages, incidental and consequential damages, attorneys’ fees.
COUNT III – Breach of Implied Warranty of Merchantability
(Against Dealer)
9.18-9.24 [Allege breach facts.]
Prayer: Same as Count II.
COUNT IV – Violation of the New Mexico Unfair Practices Act
(Against All Defendants)
9.25-9.33 [Allege misrepresentations, omissions, and statutory violations.]
Prayer: Treble damages, statutory penalties, and attorneys’ fees.
[// GUIDANCE: Delete or add counts (e.g., Magnuson-Moss Warranty Act) to suit your needs.]
10. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands:
A. Replacement of the Vehicle with a comparable new motor vehicle OR full refund of the purchase price, finance charges, taxes, and fees;
B. Reimbursement of all repair, towing, rental, and incidental expenses;
C. Treble damages under the Unfair Practices Act (if pleaded);
D. Pre- and post-judgment interest as allowed by law;
E. Reasonable attorneys’ fees and costs pursuant to § 57-16A-6(D) and other applicable statutes;
F. Declaratory judgment that the Vehicle is a “lemon” under the Act;
G. Injunctive relief compelling Defendants to comply with statutory obligations; and
H. Such other and further relief as the Court deems just and proper.
11. DISPUTE RESOLUTION & JURY DEMAND
11.1 Exhaustion of Informal Dispute Resolution
Plaintiff has satisfied any mandatory arbitration/informal dispute procedure certified under § 57-16A-6(A), or such procedure is unavailable or non-certified, rendering this action properly before the Court.
11.2 Jury Trial
Plaintiff hereby demands trial by jury on all issues so triable as a matter of right under N.M. Const. art. II, § 12.
12. GENERAL PROVISIONS
12.1 Amendment
Plaintiff reserves the right to amend this Complaint to conform to the evidence and in the interests of justice.
12.2 Severability
If any claim herein is dismissed, remaining claims shall survive to the fullest extent permitted by law.
12.3 Reservation of Rights
All rights, claims, and remedies not expressly pleaded are hereby reserved.
13. VERIFICATION & SIGNATURE BLOCK
I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of New Mexico that the factual allegations contained in this Complaint are true and correct to the best of my knowledge, information, and belief.
Date: ___ / ___ / 20___
[PLAINTIFF NAME]
Respectfully submitted,
[ATTORNEY NAME]
[LAW FIRM NAME]
[BAR NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. File with the clerk together with the civil cover sheet and filing fee.
2. Attach Exhibits: (a) Purchase Agreement, (b) Warranty Booklet, (c) Repair Orders, (d) Arbitration Decision (if any), and (e) Notice Letters.
3. Serve each Defendant under N.M. R. Civ. P. 1-004.
4. Calculate “reasonable-use” deduction before settlement negotiations; consider expert affidavit if defect implicates safety.
5. For cases involving financing, notify lienholder of potential rescission/refund exposure.]