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NM Statutes Chapter 57, Article 16A

Sunday, December 4, 2016
57-16A-1. Short title.
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.

57-16A-2 Definitions (Effective January 1, 2004.).

As used in the Motor Vehicle Quality Assurance Act [57-16A-1 to 57-16A-9 NMSA 1978]:

History: Laws 1985, ch. 220, 2.

57-16A-3 Conformation to express warranties

57-16A-3.1 Used motor vehicles. (Effective January 1, 2004.)

57-16A-4 Affirmative defenses

It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act [57-16A-1 to 57-16A-9 NMSA 1978] that:

History: Laws 1985, ch. 220, 4.

57-16A-5 Limitation of remedy

Any consumer who seeks enforcement of the provisions of the Motor Vehicle Quality Assurance Act [57-16A-1 to 57-16A-9 NMSA 1978] 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.

57-16A-6 Informal dispute resolution

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 replacement shall not apply to any consumer who has not first resorted to that procedure. The state attorney general may investigate and determine that the informal dispute settlement procedure is fair and impartial and conforms with the requirements of Title 16, Part 703 of the Code of Federal Regulations.

History: Laws 1985, ch. 220, 6.

57-16A-7 Resale of returned motor vehicle

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 the return to any prospective buyer.

History: Laws 1985, ch. 220, 7.

57-16A-7.1 Notice of replacement or repurchase to used motor vehicle dealers and consumers. (Effective January 1, 2004.).

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 [57-16A-1 to 57-16A-9 NMSA 1978] shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating that the motor vehicle has been replaced or repurchased. A consumer or a used motor vehicle dealer may bring a cause of action against a person who removes the notification from the motor vehicle, unless the manufacturer, its agent or its authorized dealer or a used motor vehicle dealer, before completion of the sale, has provided the purchaser with written notification by the manufacturer, dealer or agent of the dealer, that the motor vehicle has been replaced or repurchased.

57-16A-8 Limitation of action

Any action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act [57-16A-1 to 57-16A-9 NMSA 1978] 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 the Motor Vehicle Quality Assurance Act, within ninety days following the final action of the panel, whichever is later.

57-16A-9 Reasonable attorney fees

A consumer who prevails in an action brought to enforce the provisions of the Motor Vehicle Quality Assurance Act [57-16A-1 to 57-16A-9 NMSA 1978] 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 manufacturer shall be entitled to receive reasonable attorneys' fees and court costs from the consumer.