Lemon Law Demand Letter — New Mexico

NEW MEXICO MOTOR VEHICLE QUALITY ASSURANCE ACT DEMAND

SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

To Manufacturer:

[MANUFACTURER'S FULL LEGAL NAME]

Attn: Warranty Claims / Customer Relations

[ADDRESS]

Copy to Authorized Dealer:

[DEALER NAME]

Attn: General Manager / Service Manager

[ADDRESS]

Re: Direct written notification and cure opportunity under NMSA 1978, Section 57-16A-3(C)

Consumer: [NAME]

Vehicle: [YEAR / MAKE / MODEL]

VIN: [VIN]

Original delivery: [DATE]

Current odometer: [MILES]

Dear Sir or Madam:

I represent [CONSUMER] concerning the Vehicle identified above. This letter gives Defendant the prior direct written notification and opportunity to cure required before the presumptions in NMSA 1978, Section 57-16A-3(C) may be invoked.

1. CONSUMER AND COVERED VEHICLE

The Consumer is the [NON-RESALE PURCHASER / QUALIFYING WARRANTY TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE IT] and normally uses the Vehicle for personal, family, or household purposes. NMSA 1978, Section 57-16A-2(C).

The Vehicle is a covered [AUTOMOBILE / PICKUP TRUCK / MOTORCYCLE / VAN] because it:

• has a gross vehicle weight below 10,000 pounds;
• is normally used for personal, family, or household purposes; and
• was sold and registered in New Mexico.

Section 57-16A-2(F).

2. TIMELY REPORT AND EXPRESS WARRANTY

The applicable express-warranty term ended or will end on [DATE]. The first anniversary of original delivery was or will be [DATE]. The earlier date is [DATE].

The Consumer first reported the nonconformity to [MANUFACTURER / AGENT / AUTHORIZED DEALER] on [DATE], before that earlier date. Section 57-16A-3(A) therefore required the manufacturer, its agent, or its authorized dealer to make the repairs necessary to conform the Vehicle to the express warranty.

3. NONCONFORMITY AND SUBSTANTIAL IMPAIRMENT

The uncorrected nonconformity is:

[DESCRIBE THE DEFECT OR CONDITION PRECISELY]

It substantially impairs both:

• Use: [DETAILS]
• Market value: [DETAILS]

The remedy standard in Section 57-16A-3(B) requires substantial impairment of both use and market value. Safety facts may support those elements but are not a separate statutory prong.

4. REPAIR HISTORY

The same nonconformity continues to exist as follows: [DETAILS].

5. REASONABLE-NUMBER PRESUMPTION

Select each ground supported within the earlier of the express-warranty term or one year after original delivery:

• ☐ Four repairs. The same uncorrected nonconformity was subject to repair four or more times and continues to exist. Section 57-16A-3(C)(1).
• ☐ Thirty business days. The Vehicle was in the possession of the manufacturer, its agent, or its authorized dealer for repair for at least 30 cumulative business days, excluding downtime for manufacturer-prescribed routine maintenance. Section 57-16A-3(C)(2).

Any extension for unavailable repair services is limited to war, invasion, strike, fire, flood, or other natural disaster. Applicable extension: [NONE / DETAILS].

6. DIRECT WRITTEN NOTICE AND OPPORTUNITY TO CURE

This letter is the direct written notification required by Section 57-16A-3(C). The manufacturer must now have an opportunity to cure the alleged defect. The Act sets no fixed number of cure days.

Please contact [NAME / PHONE / EMAIL] by [DATE] to arrange a prompt cure opportunity at [FACILITY OR LOCATION].

The cure opportunity must address the continuing nonconformity documented above. Please provide a complete written repair order stating the complaint, diagnosis, parts, labor, dates, and result.

7. QUALIFYING INFORMAL PROCEDURE

Under NMSA 1978, Section 57-16A-6, the statutory replacement/refund remedy does not apply until the Consumer first resorts to a manufacturer procedure only if that procedure is fair, impartial, and substantially complies with 16 C.F.R. Part 703.

Select the applicable status:

• ☐ No such qualifying manufacturer procedure has been identified.
• ☐ The manufacturer contends that [PROGRAM] qualifies. Please provide its current rules and the basis for that contention.
• ☐ The Consumer submitted the dispute to [PROGRAM] on [DATE]; final panel action occurred on [DATE].

8. DEMAND FOR STATUTORY REMEDY

After a reasonable number of attempts, the manufacturer has been unable to conform the Vehicle to the express warranty by correcting a defect or condition that substantially impairs both use and market value.

NMSA 1978, Section 57-16A-3(B) requires the manufacturer to provide one of these alternatives:

1. Replace the Vehicle with an identical or reasonably equivalent motor vehicle; or
2. Accept return and refund the full purchase price plus collateral charges, less a reasonable allowance for use.

The Consumer requests [REPLACEMENT / REFUND], without conceding that the statute assigns the choice to the Consumer.

Refund Calculation

“Collateral charges” are limited by Section 57-16A-2(A) to taxes, license, title and registration fees, and other governmental charges related to purchase. This state-law calculation does not add finance charges, towing, rental costs, lost wages, or other incidental or consequential damages.

The reasonable allowance is the amount directly attributable to use before the Consumer's first report of the nonconformity and later periods when the Vehicle was not out of service by reason of repair. Section 57-16A-3(B) sets no mileage divisor. The supporting calculation is [DETAILS].

A refund must be paid to the Consumer and any lienholder as their interests appear.

9. DEADLINE AND FEES

An action under the Act must commence by the later of:

• 18 months after original delivery; or
• if the Consumer used a qualifying informal procedure, 90 days after the panel's final action.

NMSA 1978, Section 57-16A-8.

The current calculated deadline is [DATE].

A prevailing consumer is entitled to reasonable attorney fees and court costs. A manufacturer may recover those items only if the consumer does not prevail and brought the action for frivolous reasons or in bad faith. Section 57-16A-9.

10. RESPONSE REQUEST

Please respond in writing by [DATE] with:

1. The cure appointment;
2. The manufacturer's position on the four-repair and 30-business-day facts;
3. The identity and rules of any qualifying Section 57-16A-6 procedure; and
4. The manufacturer's proposed comparable replacement or correctly calculated refund.

This demand is sent without waiver of any claim or defense. A consumer who seeks enforcement of this Act is foreclosed by Section 57-16A-5 from pursuing the Uniform Commercial Code remedies in Sections 55-2-602 through 55-2-608 NMSA 1978; separate theories require separate legal review.

Respectfully submitted,

[ATTORNEY NAME], New Mexico Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

11. ENCLOSURE CHECKLIST

• ☐ Purchase, title, registration, weight, use, and lien documents
• ☐ Express warranty
• ☐ Repair orders and business-day calculation
• ☐ Current-condition and use/market-value evidence
• ☐ Prior manufacturer communications
• ☐ Refund and use-allowance calculation
• ☐ Informal-procedure materials, if applicable

12. SOURCES AND REFERENCES

• 2025 New Mexico Statutes — Chapter 57, Article 16A
• New Mexico Legislature — HB 189 (2022), proposed expansion that did not become law