LEMON LAW DEMAND LETTER

STATE OF NEW MEXICO

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: NEW MEXICO LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the New Mexico Motor Vehicle Quality Assurance Act, NMSA 1978 Section 57-16A-1 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. NEW MEXICO LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the New Mexico Motor Vehicle Quality Assurance Act, NMSA 1978 Section 57-16A-1 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under NMSA 1978 Section 57-16A-2(E), a "motor vehicle" means:
- A new motor vehicle sold and registered in New Mexico
- Self-propelled vehicles primarily used for transportation on public highways
- Excludes: Motor homes and off-road vehicles

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under New Mexico's Lemon Law.

C. Coverage Period

New Mexico's Lemon Law applies during:
- The term of the express warranty OR one (1) year or 12,000 miles following original delivery, whichever comes first. NMSA 1978 Section 57-16A-3.

D. Presumption of Nonconformity

Under NMSA 1978 Section 57-16A-4, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair four (4) or more times without success; OR

2. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more business days (need not be consecutive).

E. Manufacturer Notice Requirement

Under NMSA 1978 Section 57-16A-3, the consumer must provide written notification to the manufacturer of the need for repair. The manufacturer has one additional opportunity to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required under NMSA 1978 Section 57-16A-2(G):

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. New Mexico Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under New Mexico law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, meeting or exceeding the 4-repair threshold under NMSA 1978 Section 57-16A-4(A).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] business days, exceeding the 30-business-day threshold under NMSA 1978 Section 57-16A-4(B).

B. Magnuson-Moss Warranty Act

In addition to state law claims, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under NMSA 1978 Section 57-16A-5, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has a certified arbitration program. Our Client will comply with the arbitration requirement but reserves all rights if arbitration does not provide an acceptable resolution.

[ ] [MANUFACTURER] does not have a certified arbitration program in New Mexico, and therefore arbitration is not required before bringing suit.

VIII. DEMAND FOR RELIEF

Pursuant to NMSA 1978 Section 57-16A-3, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under NMSA 1978 Section 57-16A-3(A), the manufacturer must refund:

The reasonable allowance for use under New Mexico law is calculated by multiplying the purchase price by a fraction having as its denominator 100,000 and the number of miles driven prior to the first report of nonconformity as its numerator. NMSA 1978 Section 57-16A-3(A).

[ ] REPLACEMENT

Under NMSA 1978 Section 57-16A-3(B), the manufacturer must provide a comparable new motor vehicle.

B. Additional Relief

1. Attorney's Fees and Costs: Under NMSA 1978 Section 57-16A-7, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

3. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under NMSA 1978 Section 57-16A-3. The manufacturer is entitled to one additional attempt to cure the nonconformity after receiving this written notice.

Please contact the undersigned within ten (10) business days to schedule the final repair attempt. If the defect is not cured, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's certified arbitration program
[ ] File suit in the appropriate New Mexico court
[ ] Report this matter to the New Mexico Attorney General - Consumer Protection Division

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under New Mexico law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
New Mexico Attorney General - Consumer Protection Division

NEW MEXICO LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR NEW MEXICO LEMON LAW CLAIMS

Pre-Filing Considerations

1. Short Coverage Period: New Mexico provides only 1 year or 12,000 miles of coverage. Act quickly.

2. Four Repair Attempts: New Mexico requires four repair attempts for the presumption to apply.

3. Business Days: New Mexico counts business days for the 30-day out-of-service threshold.

Procedural Requirements

1. Arbitration First: If the manufacturer has an FTC-compliant arbitration program, the consumer must use it before filing suit.

2. Final Repair Opportunity: The manufacturer is entitled to one final repair attempt after receiving notice.

3. New Mexico Attorney General: Consider filing a complaint for additional leverage.

Damages Calculation

1. Use Allowance: (Purchase Price) x (Miles at First Repair / 100,000).

2. Collateral Charges: Include all taxes, fees, and finance charges in the refund demand.

3. Attorney's Fees: Available under NMSA 1978 Section 57-16A-7 to prevailing consumers.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney before use.