New Mexico's lemon law and your rights as a buyer

What the lemon law protects, what it doesn't, and what rights you keep when you buy used. With the state's exact deadlines.

This guide summarizes the recorded scope for New Mexico (NMSA 1978, §§ 57-16A-1 a 57-16A-9 (Motor Vehicle Quality Assurance Act)). Eligibility, deadlines and notice requirements depend on the law and applicable coverage; read the state conditions below, including used-vehicle conditions where relevant.

What it covers

Passenger vehicles (car, pickup, motorcycle or van) for personal, family or household use, sold and registered in New Mexico, under 10,000 lb gross weight (§ 57-16A-2(F)). It also protects anyone who receives the car while the express warranty is still running.

Rights period: One year: per the Legislature's official analysis, the new-car law gives the manufacturer, its agent or the dealer four chances to repair within one year.

When it is presumed a lemon

Four repair opportunities; repairs must be completed within a cumulative period of thirty days or less.

The presumption does not replace the other requirements. Check the official conditions and procedure for your situation.

The process

Who handles it: New Mexico Department of Justice — Consumer Protection Division.

Hotline: 505-717-3500.

What you get if you win

Replacement with a comparable vehicle or repurchase by the manufacturer: it refunds the full purchase price including the "collateral charges" (taxes, license, title and registration), less a reasonable allowance for your use of the car before you reported the defect. That allowance applies whether the car is replaced or the money is refunded. Payment goes to the consumer or the lienholder as their interests appear (§ 57-16A-3(B)).

What it does not cover

Vehicles of 10,000 lb or more and vehicles that are not for personal, family or household use, or that are bought for resale.

I bought used: what do I have left

More than it seems, even if it isn't the lemon law:

• The Buyers Guide (FTC). The guide states the dealer warranty. "As Is" describes that warranty; it does not by itself resolve other state-law rights or remaining manufacturer coverage. The federal rule applies in 48 states (Maine and Wisconsin have their own equivalent rules). If the sale is conducted in Spanish, the dealer must post a Spanish-language Buyers Guide.
• Remaining manufacturer warranty. Check the warranty contract and its duration and transfer conditions; vehicle age does not guarantee coverage.
• In New Mexico: A used-car dealer (anyone who sold or offered 4 or more used cars in 12 months) cannot exclude the implied warranty of merchantability for 15 calendar days or 500 miles, whichever comes first (§ 57-16A-3.1). Notify the seller within 30 days of the defect; you pay half of the first two repairs, up to $25 each. That warranty does not cover damage after the sale from off-road use, racing, towing, abuse, misuse, neglect, failure to perform regular maintenance, or failure to maintain oil, coolant or other required fluids (§ 57-16A-3.1(D)). The seller's maximum liability is the price you paid, refunded in exchange for the car, unless the seller knew or should have known of the defect and did not disclose it (§ 57-16A-3.1(F)). You can waive that warranty only for a specific defect the dealer disclosed and you signed for in the contract. The contract must include the 15-day/500-mile notice, or you can void it. A private seller must hold the title in their own name before selling. Also: mandatory disclosure of lemon-law buybacks (12.2.4.28 NMAC) and the Unfair Practices Act (§ 57-12-1 et seq.). If financing is not finalized within 20 days of taking the car, you can void the contract.