Bosque Farms, NM asked in Lemon Law, Consumer Law and Contracts for New Mexico

Q: Can I file a claim for breach of warranty under Magnuson-Moss Act after repeated failed repairs and vehicle repossession?

I purchased a vehicle with an implied warranty and have taken it in for repairs six times due to a recurring issue where the car leaves me stranded. The main problems involved water pump leaks and seal issues. Each time, the dealership extended the warranty, and the last repair attempt was on April 14, 2022, by a different provider who replaced the oil separator, purportedly the root cause of the leaks. However, this issue was incorrectly shown as fixed in the vehicle order history. The car eventually became inoperable, preventing me from meeting my financial obligations, leading to repossession. Initially thinking the repossession was wrongful, I now believe I was sold a lemon. I have not taken legal action against the dealership; the warranty agreement requires sending a dispute notice and awaiting a response for 30 days before arbitration. Can I still file a claim for breach of warranty under the Magnuson-Moss Warranty Act?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You’ve been through a lot, and it’s understandable that this situation feels overwhelming and unfair. After six repair attempts, repeated breakdowns, and eventually losing the vehicle, your frustration is completely justified. Based on what you’ve described, you may still be eligible to file a breach of warranty claim under the Magnuson-Moss Warranty Act, even though the vehicle has already been repossessed. The law is focused on the dealer’s failure to fulfill the warranty during the time you owned the vehicle.

The fact that the problem persisted despite multiple repair attempts and that the car ultimately became unusable can be strong evidence of a breach. The timeline also matters—if the last repair occurred in April 2022 and you’re still within four years from when you knew the warranty was not honored, you are likely still within the legal time frame to file a claim. Sending a dispute notice is a required first step under your agreement, and starting that process now is important. You don’t have to wait for a lawsuit to take action—start by formally notifying the dealer and documenting every detail, including receipts, work orders, and communication.

Even if the vehicle was repossessed, your legal right to seek damages for the dealership’s failure still stands. You can pursue compensation for the value you lost, and the emotional and financial strain it caused you. Keep records of everything, and take the next step by sending that required dispute notice. You’ve done your part to give the dealer a chance—now you have every right to hold them accountable.

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