NM Lemon Law Statutes

New Mexico Lemon Law Qualifications

The New Mexico lemon law covers passenger motor vehicles, including automobiles, pickup trucks, motorcycles and vans, that are sold and registered in the state; are normally used for personal, family or household purposes; and have a gross vehicle weight of less than 10,000 pounds.

The lemon law covers the following "consumers":

  • The purchaser, for the purposes other than resale, of a new or used motor vehicle normally used for personal, family or household purposes;
  • Any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle; and
  • Any other person entitled by the terms of the warranty to enforce its obligations. The lemon law appears not to cover a lessee.

If the manufacturer, its agent or authorized dealer is unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of repair attempts , the manufacture r must either replace or repurchase the motor vehicle.

Reasonable Number Of Repair Attempts

The New Mexico lemon law establishes a presumption that a reasonable number of repair attempts has been undertaken to conform a motor vehicle to the applicable express warranties if, during the express warranty term or a period of one year following the date of the motor vehicle's original delivery to a consumer, whichever is the earlier date, either of the following occurs:

  • The same uncorrected nonconformity has bee n subject to repair four or more times by the manufacturer, its agents or authorized dealers, but the nonconformity continues to exist; or
  • The motor vehicle is in the possession of the manufacturer, its agent or authorized dealer for repair for accumulative total of 30 or more business days, excluding down time for routine maintenance as prescribed by the manufacturer.

The term of an express warranty, the one year period and 30 day period are extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster.

New Mexico Arbitration Requirements

The lemon law provisions requiring repurchase or replacement of a nonconforming motor vehicle do not apply to a consumer who has not first used an informal dispute settlement procedure that complies with 16 C.F.R. Part 703. The Attorney General may investigate and determine whether the informal dispute settlement procedure is fair and impartial and conforms to the requirements of 16 C.F.R. Part 703.

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