Here is what you need to know when you buy a used vehicle from a dealer in New Mexico:
You have the right to expect a fully filled out, written sales agreement.
You have an implied warranty that the vehicle works in a reasonable defect free manner for a limited time period. You must provide notice of the defect and give the seller a fair chance to repair the defect. Click here for more about your rights under the implied warranty of merchantability.
You should expect an affidavit from the car dealer with the following important information about the vehicle you are buying; the affidavit must:
(1) describe the vehicle; and
(2) state to the best of the seller's knowledge whether there has been an alteration or chassis repair due to wreck damage.
The word "alteration" has been interpreted by our courts here in New Mexico to mean repairs to damage caused by a collision.
HOWEVER, the amount of wreck damage that was repaired (or that should have been repaired) must be equal to or more than six percent of the sale price of the vehicle.
If you are buying the vehicle from a person or someone other than a car dealer, you must ask for the affidavit and the seller must then provide you with a properly prepared affidavit.
The law in New Mexico provides for a significant penalty for knowing violation of this law. Violation of this law is a crime, although prosecutions of violators are rare or even non existent.
If you think you have a "lemon" or vehicle that may have been in a wreck, please contact our firm for a free case evaluation.