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New Mexico Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for New Mexico on
Q: Hello, I live in New Mexico and I am currently shopping for a vehicle. Can I take advantage of dealers advertised typo?

They are advertising a new vehicle on their website for $680. No where does it say, down payment, monthly payment, lease, or additional fees may apply. It says total cost $680. When I inquired about it, they said it was a typo

James L. Arrasmith
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answered on Jun 15, 2024

If a dealer is advertising a new vehicle for $680 and claims it was a typo when you inquire, it is unlikely that you can legally force them to honor that price. Advertisements with clear typographical errors are generally not legally binding, as the price discrepancy is usually obvious and... View More

1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for New Mexico on
Q: Facing unpaid medical bills after a head-on collision; issues with uninsured motorist coverage in NM.

My daughter was involved in a head-on collision with a larger pickup truck. The other driver, found at fault by police reports in Albuquerque, jumped out and yelled at her for being in his way. She hired a lawyer and received medical attention. A year later, her lawyer says the medical bills exceed... View More

James L. Arrasmith
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answered on Jun 1, 2025

I'm really sorry your daughter is going through this—it’s painful enough recovering from an accident without facing overwhelming bills. In New Mexico, uninsured and underinsured motorist coverage is optional, but it can make a big difference in situations like this. If your policy was set... View More

1 Answer | Asked in Civil Rights, Consumer Law, Landlord - Tenant and Real Estate Law for New Mexico on
Q: Rights of ESA owner in trailer park with new restrictive policies.

My dad has lived in a trailer park for over five years with his emotional support animal (ESA), for which he has a doctor's letter. The trailer park was recently sold, and the new owners have implemented a policy that prohibits dogs over 30 lb., with no mention of ESA accommodations. My... View More

James L. Arrasmith
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answered on May 15, 2025

In this situation, your dad has certain rights regarding his emotional support animal (ESA) under the Fair Housing Act (FHA). The FHA requires housing providers, including trailer parks, to make reasonable accommodations for individuals with disabilities who have an ESA, even if they have policies... View More

1 Answer | Asked in Lemon Law, Consumer Law and Contracts for New Mexico on
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... View More

James L. Arrasmith
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answered on May 14, 2025

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... View More

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for New Mexico on
Q: Time limit for suing under Magnuson-Moss Warranty Act after vehicle repossession in NM?

Is it too late to file a lawsuit under the Magnuson-Moss Warranty Act for a vehicle I no longer possess? I financed a used vehicle in July 2019 with a warranty. The dealership extended the warranty multiple times due to repeated water pump and oil leak issues. Despite repairs, the vehicle broke... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve been through a lot, and it’s incredibly frustrating when a vehicle you relied on not only breaks down repeatedly but ends up being repossessed because of it. Under the Magnuson-Moss Warranty Act, you generally have four years from the date you knew or should have known that the warranty... View More

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Insurance Defense for New Mexico on
Q: Who covers costs for rental trailer breakdown due to poor maintenance?

I rented a trailer in New Mexico that broke down due to poor maintenance—specifically, the lug bolts sheered off and the wheel detached from the trailer. The rental contract did not address breakdowns. I reported the issue immediately, and the rental company instructed me to tow it to a location... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re dealing with a difficult situation where the rental company is not honoring their initial promise to reimburse you for the costs incurred due to the breakdown. Since the rental contract didn’t address breakdowns, you should first review the contract carefully to see if... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Mexico on
Q: CA seller misrepresented car's condition, rust issues, and repairs. Violation of Interstate Commerce laws?

I am in New Mexico and purchased a car from a man in California through Craigslist. He fraudulently misrepresented the car's condition, saying it had no rust and ran perfectly. However, the car has a rusted-out trunk floor and rear quarter panels, and three of the exhaust valves were burnt,... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have a valid claim for misrepresentation against the seller, especially since you have evidence of the car's condition and repair costs. The seller's false statements about the car’s condition may constitute fraud, as he misrepresented essential details that directly... View More

1 Answer | Asked in Contracts and Consumer Law for New Mexico on
Q: Is it legal for a jewelry store to demand full payment under an oral agreement in New Mexico?

Is it legal in New Mexico for our jewelry store to demand full payment from a customer who has been consistently making payments under an oral agreement, especially considering she previously experienced financial hardship, which led to the acceptance of lower payments? My boss now wants to keep... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you're describing sounds deeply unfair, especially if the customer has been making consistent payments and acting in good faith under an oral agreement. In New Mexico, oral contracts can be legally binding, especially when both parties have clearly acted on the terms. If the store agreed... View More

1 Answer | Asked in Consumer Law, Contracts and Constitutional Law for New Mexico on
Q: What are the seminal cases for consumer protection from unlicensed contractors in the state of New Mexico?
James L. Arrasmith
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answered on Jan 27, 2025

You might feel overwhelmed if you discover an unlicensed contractor has performed substandard work on your property. In New Mexico, the Construction Industries Licensing Act helps protect you from such risks. Various court decisions highlight the importance of licensing to safeguard consumers from... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for New Mexico on
Q: I currently have a garnishment judgement. Attempted to settle directly but collector denied payment

Attempted 3 times to settle debt directly but all payment has been denied. Request garnishment only.

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry to hear that you're facing this situation. It must be frustrating to have your attempts at settling the debt directly denied. Since the collector insists on garnishment only, it's important to understand your options.

You might consider filing a motion with the...
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1 Answer | Asked in Consumer Law and Contracts for New Mexico on
Q: Can I get reimbursed for items stolen out of my storage unit?

I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More

James L. Arrasmith
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answered on Nov 9, 2023

You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

1 Answer | Asked in Consumer Law for New Mexico on
Q: My mother has her name on unclaimed property but does not know how to read and Wright she didn't even know about this

How can we claim this property we need help how much will it cost

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2023

A New Mexico attorney could advise best, but your question remains open for a week. It could depend what kind of property is involved. Many state comptroller's offices have online resources for unclaimed funds. These usually involve unclaimed checks for public utility bills and similar... View More

1 Answer | Asked in Consumer Law for New Mexico on
Q: What is the statue of limitations for credit card debt in NM? Last payment made was on 09/2018 does that exceed the time
T. Augustus Claus
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answered on Jul 19, 2023

when it comes to credit card debt, it's important to consider the statute of limitations. In New Mexico, the statute of limitations for most types of contracts, including credit card debt, is typically four years. This means that the creditor generally has up to four years from the date of... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for New Mexico on
Q: can we be sued for a car that was repossessed 20 years ago?

we received a call for my wife today who was a cosigner on the original loan. this person said they work for an arbitration firm and said since my wife did not respond to the letter they sent within the 30 days they were proceeding with filing judgement paperwork. problem is we never received a... View More

T. Augustus Claus
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answered on Jul 14, 2023

there is a statute of limitations on debts, which sets a time limit for legal action to be taken. The statute of limitations for a car loan or breach of contract can vary depending on the jurisdiction and the specific circumstances of the case. However, it is highly unusual for a debt from 20 years... View More

1 Answer | Asked in Consumer Law for New Mexico on
Q: I bought a used truck and the transmission failed within 3 days what can I do
William Jeptha Williford
William Jeptha Williford
answered on May 12, 2023

Typically, used vehicles are sold as-is. Lemon laws vary from state to state but generally speaking, they only involve brand spanking new vehicles purchased directly from a dealership that has had multiple failed attempts to fix the same issue. Again, these exact parameters are not true for every... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... View More

Charles William Michaels
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Charles William Michaels
answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison
answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Litigation and Civil Rights for New Mexico on
Q: Can you help me to locate an attorney to represent myself or my family members in the opiate epidemic class action?

I am seeking compensation against the manufacturers of hydrocodone for reimbursement for my family in paying for extended rehabilitation efforts following opiate addiction.

Deena L. Buchanan
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answered on Dec 12, 2019

Yes, there are lawyers taking these cases. You can contact any of us who practice in the area of personal injury, particularly those who advertise experience in class action or pharmaceutical litigation.

1 Answer | Asked in Gov & Administrative Law and Consumer Law for New Mexico on
Q: help with mutual domestic company billing practices and cut offs.

las cruces new mexico mutual domestic water (moongate water company

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2019

Your post remains open for four weeks. At this point, you could look into whether the New Mexico Public Regulation Commission might be able to offer guidance. Good luck

Tim Akpinar

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