What If the Manufacturer Denied My New Mexico Lemon Law Claim?
What to do when a manufacturer denies a New Mexico lemon-law claim — the § 57-16A-4 defenses, your court options, and the UPA leverage that follows a bad-faith denial.
A manufacturer denial is not the end of a New Mexico claim — it is often the beginning of the strongest part of it. Denials frequently rely on the § 57-16A-4 affirmative defenses, and a bad-faith denial can support UPA treble damages.
Common denial reasons
- “Defect doesn’t substantially impair use and market value.”
- “Caused by abuse, neglect, or unauthorized modification.” (§ 57-16A-4)
- “Not enough repair attempts” or “not within the Rights Period.”
- “You didn’t complete our certified BBB Auto Line procedure.”
- “No problem found.”
How to respond
- Get the denial in writing — it pins the manufacturer’s position.
- Assemble your documentation — repair orders, the business-day count, written notice.
- Pull TSBs and recalls for your defect — these undercut “abuse” and “no problem found” defenses and support a UPA willful finding.
- Complete any certified IDS if required under § 57-16A-6.
- File court action within the 18-month SOL.
A denial can strengthen your UPA case
Where a manufacturer denies despite knowing of the defect (documented by TSBs, recalls, or warranty records), the denial itself supports the UPA’s willful standard — “the intentional doing of an act with knowledge that harm may result” — unlocking treble damages and mandatory fees.
Watch the clock
A denial often eats up time. Don’t let the tight Rights Period or 18-month SOL run while you negotiate. File before the deadline closes.
Bottom line
A denial is common and rebuttable. Document the defect, pull manufacturer-knowledge evidence, complete any required IDS, and file within 18 months — a bad-faith denial can convert a refund case into a UPA treble case. Get a free case review.
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