The Federal Lemon Law- Motor Homes, Cars, RVs, Boats, and Offroad Vehicles

Unfortunately, getting your vehicle reacquired is not possible under MMWA breach of warranty matters where the only available claim is for breach of warranty because the New Mexico Lemon Law is timed-out or inapplicable.

What is possible is for you to obtain for a MMWA limited warranty breach is Cash Compensation for your vehicle's diminution-in-value with you keeping your vehicle (called "Cash-and-Keep") instead of a New Mexico Lemon Law Refund or Replacement. 

Diminution-in-value means that your vehicle was not worth what you paid for it at the time of purchase (the sales price) because of its defects and repair history. 

Basically, you should get some of your money back from the manufacturer because you did not get the "new" vehicle value you paid for, but instead got the equivalent of a roughly "used" worn down vehicle that should have cost you substantially less. 

Although it may be disappointing not to be eligible for a Lemon Law Refund or Replacement, being compensated is obviously better than nothing, and if you get a large enough settlement, it can facilitate you trading-out of or selling your vehicle without losing much money.  

Keep in mind, that even with a Lemon Law Refund or Replacement, the manufacturer is entitled to deduct a mileage fee so in some cases (especially those where there is high mileage and depending on trade-in, or sales value) it's actually a better result for you financially to receive Cash-and-Keep Compensation. 

Cash-and-Keep settlements are completely confidential, and your vehicle will not be labeled a Lemon on Carfax or anywhere else when you go to trade-in or sell it.

Additionally, if your vehicle ends up properly repaired (time will tell), then you have the flexibility of keeping it and using the cash for whatever else you want.

You're also still entitled to continue having your vehicle repaired under warranty despite the settlement for the entire duration of all warranties including the bumper-to-bumper, powertrain, or (for electric vehicles) your battery warranty.

Under certain circumstances it may also be possible to obtain compensation for your aggravation and inconvenience caused by repeat repairs and/or your loss of use of the product. These are called incidental and consequential damages. 

Although this type of compensation is typically disclaimed (excluded) in your manufacturer's warranty, the disclaimers can be overcome if failure of essential purpose (failure to complete proper repairs within a reasonable opportunity) is proven. 

Even if this type of compensation for loss of use or aggravation and inconvenience is refused by the manufacturer, we can still argue for it to persuade the company to offer more money toward a diminution-in-value Cash and Keep settlement.

Just like with the NM Lemon Law, you're entitled to seek attorneys' fees for all MMWA claims and our Firm requests attorneys' fees from Motor Home, Car, RV, Boat, and Off-road Vehicle manufacturers on your behalf as part of out-of-court MMWA settlements. 

As always, with our FAIR FEE GUARANTEE our attorneys' fees will NEVER exceed your out-of-court Cash and Keep compensation.