Attorney Fees in New Mexico Lemon Law Cases

New Mexico’s attorney-fee framework is among the strongest in the country — and the inverse of next-door Arizona, where neither state statute carries mandatory fees. In New Mexico, both the lemon law and the UPA shift fees to a prevailing consumer mandatorily, and Magnuson-Moss adds a third fee hook.

Three statutes, three mandatory-character fee bases

Statute	Attorney fees	Where pursued
MVQAA § 57-16A-9	Mandatory (“shall be entitled”)	NM district court
UPA § 57-12-10(C)	Mandatory (“the court shall award”)	NM district court
Magnuson-Moss § 2310(d)(2)	Strongly presumed	NM or federal (D.N.M.)

BBB Auto Line does not include attorney-fee recovery — fees are a court remedy only.

§ 57-16A-9 — mandatory lemon-law fees

Section 57-16A-9 provides that a consumer who prevails in an action to enforce the Motor Vehicle Quality Assurance Act shall be entitled to reasonable attorneys’ fees and court costs from the manufacturer. This is mandatory language — on par with:

• California § 1794(d) — mandatory.
• New Jersey § 56:12-32 — mandatory + expert fees.
• Ohio § 1345.75 — mandatory.
• New York § 198-a(l) — mandatory.

And stronger than Arizona’s discretionary § 44-1265(C) and Michigan’s discretionary § 257.1407(2).

§ 57-12-10(C) — mandatory UPA fees

The UPA’s fee provision is independently mandatory: “the court shall award attorney fees and costs to the party complaining… if the party prevails.” This stacks on top of § 57-16A-9 — so a consumer prevailing on both counts has two independent mandatory-fee bases.

Magnuson-Moss § 2310(d)(2) — the federal layer

15 U.S.C. § 2310(d)(2) provides federal-court fee recovery “based on actual time expended.” In New Mexico — unlike Arizona, where it’s the only reliable fee engine — it is a third mandatory-character basis and a federal-venue option for cases over $50K.

Why the stacked structure matters

Because fees are mandatory, New Mexico attorneys take meritorious cases on modified contingency:

• No fee upfront.
• Costs advanced by the attorney.
• Fees paid by the manufacturer through § 57-16A-9, § 57-12-10(C), and/or § 2310(d)(2).

The consumer’s refund and UPA damages are therefore not eroded by legal costs — a structural advantage over discretionary/absent-fee states.

Typical fee awards

• Settlement cases: $15,000–$40,000.
• Tried cases: $40,000–$100,000+.

A typical award stack

• Refund: purchase price + collateral − limited use.
• UPA actual damages: $5,000–$15,000.
• UPA treble (if willful): up to 3×.
• Mandatory fees: § 57-16A-9 + § 57-12-10(C) + Magnuson-Moss.

How New Mexico compares

New Mexico’s dual-mandatory state fee structure puts it among the strongest fee states — comparable to New Jersey (mandatory lemon-law + mandatory CFA) and far ahead of Arizona (discretionary lemon-law + no CFA fees). The trade-off is New Mexico’s tight Rights Period and short 18-month SOL.

Bottom line

New Mexico offers a triple mandatory-character fee structure — mandatory under both the MVQAA and the UPA, plus Magnuson-Moss. Fees are paid by the manufacturer, keeping the consumer’s recovery intact. This is the single biggest reason a New Mexico consumer with a genuine lemon should pursue the claim. Get a free case review.

Related

Article

Cash-and-Keep Settlements in New Mexico

How cash-and-keep settlements work in New Mexico lemon-law cases — a negotiated cash payment where you keep the vehicle, common when the defect is real but livable.

Read → Article

Refund (Buyback) Under the New Mexico Lemon Law

How a New Mexico Motor Vehicle Quality Assurance Act refund is calculated — full purchase price plus collateral charges, minus a reasonable allowance for use under § 57-16A-3.

Read → Article

Replacement Vehicle Under the New Mexico Lemon Law

When a New Mexico Motor Vehicle Quality Assurance Act claim results in a comparable replacement vehicle instead of a refund — and why the manufacturer chooses.

Read → Article

New Mexico UPA Damages in Lemon Law Cases

How the New Mexico Unfair Practices Act amplifies recoveries — actual damages or a $100 floor, discretionary treble (up to 3×) on willful conduct, and mandatory § 57-12-10(C) attorney fees.

Read →