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New Mexico

NEW MEXICO Lemon Law:

N.M. Stat. §§ 57-16A-1 to 57-16A-9; see also N.M. Stat. §§ 56-

16-4, 56-16-13

Vehicles covered: Passenger vehicles sold and registered in-state,

whose gross vehicle weight is less than 10,000 lbs., including

automobiles, pick-up trucks, motorcycles and vans (§ 57-16A-

2(F)). No reference to leased vehicles.

Persons covered: Purchasers, transferees during express warranty

period, or any person entitled to enforce the warranty if vehicle

normally used for personal, family, or household purposes (§ 57-

16A-2(C)).

Period covered: Whichever comes first: expiry of term of express

warranty or one year from date of delivery (§ 57-16A-3(A)).

Disclosure requirements: Manufacturer must provide written notice

and instruction, in the warranty or separate notice, of the

consumer’s obligation to file a written notice to the manufacturer

(§ 57-16A-3(C)(2)).

Required consumer notice: Direct written notice from or on behalf

of the consumer (§ 57-16A-3(C)(2)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the same nonconformity is subjected to

four or more repairs, or the vehicle is out of service for a cumulative

total of thirty or more business days; opportunity to cure after

receipt of consumer notice (§ 57-16A-3(C)).

Affırmative defenses: The nonconformity does not substantially

impair the use and market value of the vehicle, or is the result of

the consumer’s abuse, neglect, or unauthorized modifications or

alterations; the claim is not filed in good faith; any other defenses

allowed by law (§ 57-16A-4); statute of limitations (§ 57-16A-8).

Replace/refund: Less a reasonable use allowance (defined), the

manufacturer shall replace with a comparable vehicle, or refund the

full purchase price (§ 57-16A-3(B)).

Other reimbursement: Collateral charges (defined in § 57-16A-

2(A)). Attorney fees and costs (§ 57-16A-9).

Other remedies: A consumer who seeks enforcement under this act

is foreclosed from pursuing any UCC remedy (§ 57-16A-5). A

consumer has a private cause of action for damages and attorney

fees, plus punitive damages of up to three times actual damages

when malice is shown, if a dealer fails to perform its obligations

under a manufacturer’s warranty (§§ 56-16-4, 56-16-13).

Informal dispute resolution: For remedies under this section a

consumer must first use an informal dispute settlement procedure

established by the manufacturer, provided the procedure complies

with 16 C.F.R. pt. 703 (§ 57-16A-6).

Resale of lemon: Full disclosure required (§ 57-16A-7).