New Mexico lemon law and warranty dispute resources
Status: Official page read; key points summarized. Last checked 2026-10-18.
What the official page says
Source: NMSA 1978, 57-16A-1 to 57-16A-9, Motor Vehicle Quality Assurance Act (New Mexico statutes, NMOneSource) (read 2026-10-18). This is a summary of the statute text posted on the official site, not legal advice. The exact wording, exclusions and deadlines are in the statute itself, and may have changed.
- The statute text says "motor vehicle" means a passenger motor vehicle, including an automobile, pickup truck, motorcycle or van, normally used for personal, family or household purposes, that is sold and registered in New Mexico and whose gross vehicle weight is less than 10,000 pounds.
- The statute text says that if a new motor vehicle does not conform to the applicable express warranties and the consumer reports it to the manufacturer, its agent or its authorized dealer during the express warranty term or within one year after original delivery, whichever is earlier, the manufacturer, agent or dealer must make the repairs necessary to conform the vehicle to the warranty.
- The statute text says that if the manufacturer, agent or dealer cannot, after a reasonable number of attempts, fix a defect that substantially impairs the use and market value of the vehicle to the consumer, the manufacturer must replace the vehicle with a comparable vehicle or accept its return and refund the full purchase price including all collateral charges, less a reasonable allowance for the consumer's use.
- The statute text says a reasonable number of attempts is presumed if the same uncorrected nonconformity has been subject to repair four or more times within the warranty term or one year after original delivery (whichever is earlier) and still exists, or the vehicle has been in the possession of the manufacturer, agent or dealer for repair a cumulative total of thirty or more business days in that period, not counting downtime for routine maintenance.
- The statute text says the presumption does not apply against a manufacturer unless it received prior direct written notification from or on behalf of the consumer and an opportunity to cure the defect, and that the manufacturer must give the consumer written notice, in the warranty or a separate notice, of the obligation to file that written notification.
- The statute text says that if a manufacturer has or participates in an informal dispute settlement procedure that substantially complies with 16 CFR Part 703, the refund and replacement provisions do not apply to a consumer who has not first used that procedure, and that the Attorney General may investigate and determine whether the procedure is fair and impartial.
- The statute text says an action to enforce the Act must be commenced within eighteen months following original delivery of the vehicle to the consumer or, if the consumer uses an informal dispute settlement procedure, within ninety days following the panel's final action, whichever is later, and that a consumer who prevails is entitled to reasonable attorneys' fees and court costs from the manufacturer.
- For used vehicles, the statute text says a used motor vehicle dealer may not exclude, modify or disclaim the implied warranty of merchantability, or limit remedies for breach of it, before midnight of the fifteenth calendar day after delivery or until the vehicle is driven 500 miles after delivery, whichever is earlier.
Numbers the page states
| Item | As stated on the official page |
|---|---|
| Report window | During the express warranty term or one year after original delivery, whichever is earlier |
| Repair attempts (presumption) | Four or more repairs of the same uncorrected nonconformity |
| Days out of service (presumption) | Cumulative total of thirty or more business days |
| Time to sue | Within eighteen months after original delivery (or ninety days after the dispute panel's final action, whichever is later) |
| Used-vehicle dealer warranty floor | Fifteen calendar days or 500 miles after delivery, whichever is earlier |
Counting rules differ (calendar days vs. business days, what counts as a repair attempt). Use the repair log tool to organize dates, then confirm how your state counts.
Not covered or not confirmed in this summary
- This summary uses the statute text only; no New Mexico Department of Justice page on the lemon law was summarized.
- Amendments after the posted text were not checked.
Industry arbitration program summary (not a government source)
BBB National Programs, which runs the BBB AUTO LINE dispute program, publishes a state summary: BBB AUTO LINE: New Mexico lemon law summary (link checked 2026-10-18). It is published by an industry-linked program, so treat it as a starting point and confirm against the state's own page or statute.
What to do first
- Keep every repair order and receipt. See the records checklist.
- Write down dates and mileage for each repair visit with the repair log tool (nothing is saved or sent).
- Read the federal warranty basics and arbitration pages.
- Consider speaking with a licensed attorney in your state about deadlines. Many have free consultations, but we do not recommend any specific one.