When you purchase a vehicle from a dealership, you expect the dealership to tell you the truth about the vehicle, the price you are paying, and the terms of any financing agreement you sign. Unfortunately, some consumers only discover later on that their vehicle has serious mechanical defects, undisclosed accident damage, an altered odometer, or a title problem. Others learn that additional products were included in their contract without their permission or that the financing terms are different from those originally promised. If you believe you were deceived by a car dealership, you may have the right to file a lawsuit. That being said, you will have to do so within the applicable statute of limitations. Continue reading and reach out to a New Mexico car dealer fraud lawyer from Feferman, Warren & Mattison to learn more about how long you have to sue a car dealership. Here are some of the questions you may have:
What is the statute of limitations for car dealer fraud in New Mexico?
In many cases, consumers in New Mexico have four years to file a car dealer Unfair Practices Act or fraud lawsuit. This deadline can apply to claims involving fraud, deceptive sales practices, and other violations. Some examples of dealership conduct that may warrant a lawsuit are as follows:
- Concealing previous collision or flood damage
- Misrepresenting a vehicle’s mileage, condition, or history
- Advertising a vehicle for a false or misleading price
- Adding products or warranties without the buyer’s authorization
- Changing financing terms after an agreement was reached
- Selling a vehicle with a forged, improper, or otherwise defective title
- Misrepresenting a used vehicle as new, certified, or properly inspected
New Mexico’s four-year statute of limitations applies to fraud and various other claims not assigned a separate deadline under state law.
However, you should note that this does not always mean you have exactly four years from the date you purchased the vehicle. In addition, dealers sometimes attempt to reduce the deadline in their contracts. This may not be legal, but it is important to consult with an attorney quickly when you learn about unlawful conduct.
When does the deadline for filing a claim begin?
For Unfair Practices Act or fraud claims, the four-year deadline may begin when you discover the dealership’s deception or when you reasonably should have discovered it. Of course, this distinction can become extremely important when a dealership has taken steps to conceal what it did.
For example, you may only learn that your vehicle was involved in a serious collision when a mechanic removes a body panel several months after the purchase. An odometer discrepancy may also remain hidden until you obtain a vehicle history report or certain repair records.
Other types of claims can follow different rules. For example, claims under the federal Truth in Lending Act or Fair Credit Reporting Act must be filed in less than four years.
Why should I speak with a lawyer as soon as possible?
Even if you believe you still have plenty of time to file your lawsuit, waiting can make your claim far more difficult to prove. Documents can be lost, dealership employees may leave, and the condition of your vehicle can change considerably through continued use. You should preserve all available evidence, including the following:
- Your purchase agreement and financing documents
- Advertisements and online vehicle listings
- Emails or text messages with dealership employees
- Repair bills and inspection reports
- Photographs and videos of the vehicle
- Warranty paperwork and vehicle history reports
Furthermore, you should not assume that the dealership’s promise to repair the vehicle or otherwise “make things right” will pause the statute of limitations. Negotiations, attempted repairs, and unanswered complaints do not automatically extend your deadline.
The bottom line is that every car dealer fraud case is different, and the filing deadline will depend on the claims available and when they accrued. Therefore, if you believe a dealership deceived you, you should speak with an experienced New Mexico consumer lawyer as soon as possible. An attorney can assess what happened, determine how much time you have to sue, and work to protect your rights before the applicable deadline passes.
If you have further questions or would like to speak with a knowledgeable attorney about your case, simply contact Feferman, Warren & Mattison for a free evaluation today. We are here to effectively represent your interests, every step of the way.
