New Mexico Lemon Law rules at a glance
The New Mexico Motor Vehicle Quality Assurance Act (Lemon Law) is NMSA 1978 §§ 57-16A-1 to 57-16A-9.
| Rule | What New Mexico law says | Source |
|---|---|---|
| Statute | NMSA 1978 §§ 57-16A-1 to 57-16A-9 | NMSA § 57-16A-1 |
| Vehicles covered | Passenger vehicles, including automobiles, pickup trucks, motorcycles and vans, normally used for personal, family or household purposes; Sold and registered in New Mexico, with a gross vehicle weight under 10,000 lbs | |
| Not covered | Vehicles of 10,000 lbs gross vehicle weight or more; Vehicles not sold and registered in New Mexico | |
| Protection window | The express warranty term or 1 year from original delivery, whichever is earlier | NMSA § 57-16A-3(A), (C) |
| Four Repairs Test | The same uncorrected defect was repaired 4 or more times and continues; the manufacturer must have prior direct written notice and a chance to cure | § 57-16A-3(C)(1) |
| 30 Business Days Test | In the manufacturer’s or dealer’s possession for repair a cumulative 30 or more business days, not counting routine maintenance (business days) | § 57-16A-3(C)(2) |
| Written notice | The presumption applies only after the manufacturer receives prior direct written notification from you or on your behalf and an opportunity to cure the defect. The manufacturer must tell you about this requirement in the warranty or a separate notice. | § 57-16A-3(C) |
| Dispute program first? | If the manufacturer has a fair and impartial dispute procedure that substantially complies with FTC Rule 703, you must use it before the refund or replacement provisions apply. The Attorney General may review whether it is fair (§ 57-16A-6). | |
| Deadline | Start an action within 18 months of original delivery, or within 90 days after a dispute panel’s final action if that is later | § 57-16A-8 |
| Usage deduction | New Mexico deducts the use directly attributable to you before your first report of the defect and while the vehicle was not out of service, for a refund or a replacement. The Act sets no mileage formula (§ 57-16A-3(B)). |
Four repairs or 30 business days in New Mexico
New Mexico presumes a reasonable number of attempts, once the manufacturer has direct written notice and a chance to cure, when within the warranty term or the first year (whichever is earlier):
Four Repairs Test
The same uncorrected defect was repaired 4 or more times and continues; the manufacturer must have prior direct written notice and a chance to cure.
§ 57-16A-3(C)(1)30 Business Days Test
In the manufacturer’s or dealer’s possession for repair a cumulative 30 or more business days, not counting routine maintenance.
§ 57-16A-3(C)(2)The defect must substantially impair the vehicle’s use and market value. Routine maintenance time does not count toward the 30 business days.
Notice to the manufacturer in New Mexico
The presumption applies only after the manufacturer receives prior direct written notification from you or on your behalf and an opportunity to cure the defect. The manufacturer must tell you about this requirement in the warranty or a separate notice.
In New Mexico the presumption applies only after direct written notice to the manufacturer and a chance to cure.
Dispute program first. If the manufacturer has a fair and impartial dispute procedure that substantially complies with FTC Rule 703, you must use it before the refund or replacement provisions apply. The Attorney General may review whether it is fair (§ 57-16A-6).
The manufacturer must tell you about this written-notice requirement in the warranty or a separate notice.
New Mexico’s 18-month deadline
Start an action within 18 months of original delivery, or within 90 days after a dispute panel’s final action if that is later (§ 57-16A-8).
| Event | Date | Effect |
|---|---|---|
| Vehicle delivered | Mar 15, 2025 | The protection window starts |
| Protection window ends | March 15, 2026 | Repairs after this date do not count toward the tests |
| Sue by | September 15, 2026 | Start an action within 18 months of original delivery, or within 90 days after a dispute panel’s final action if that is later |
Eighteen months goes quickly, especially if the manufacturer’s dispute procedure has to come first. If you use it, you have 90 days after its final action if that is later.
How to file a New Mexico lemon law claim
- Report each defect within the warranty or the first yearTo the manufacturer, its agent or its dealer.
- Send direct written notice to the manufacturerIt must have a chance to cure before the presumption applies.
- Use a qualifying dispute procedure if there is oneRequired before the refund or replacement provisions apply.
- Ask for a replacement or refundEither way, a reasonable allowance for use is deducted.
- Sue within 18 monthsOr 90 days after a dispute panel’s final action, if later. A consumer who wins recovers attorney fees and costs.
Refund, replacement and the New Mexico deduction for use
| Remedy | What it includes |
|---|---|
| Replacement | A comparable (identical or reasonably equivalent) motor vehicle, less a reasonable allowance for use. |
| Refund | The full purchase price including all collateral charges (taxes, license, title and registration fees), less a reasonable allowance for use. |
New Mexico deducts the use directly attributable to you before your first report of the defect and while the vehicle was not out of service, for a refund or a replacement. The Act sets no mileage formula (§ 57-16A-3(B)).
New Mexico’s 15-day, 500-mile used car warranty
| Rule | What the law says |
|---|---|
| Who it applies to | Dealers that sold 4 or more used vehicles in the previous 12 months |
| How long | 15 calendar days or 500 miles after delivery, whichever comes first |
| What it covers | The vehicle must work substantially free of a defect that significantly limits its use for ordinary transportation |
| Your notice | Tell the seller within 30 days of the breach; the seller gets a chance to repair |
| Your share | Half the cost of the first two repairs, up to $25 each |
| Not covered | Damage from off-road use, racing, towing, abuse, neglect or missed maintenance |
A dealer can only exclude a specific defect it fully disclosed in writing, with your signed agreement on the first page of the contract.
What choosing the Lemon Law means in New Mexico
- A consumer who seeks enforcement of the Act gives up certain Uniform Commercial Code remedies for the same vehicle (NMSA §§ 55-2-602 to 55-2-608), under § 57-16A-5.
- A consumer who wins recovers reasonable attorney fees and court costs; one who sues in bad faith may have to pay the manufacturer’s.
- A returned vehicle must carry written notice that it was replaced or repurchased before it is offered for resale.
Used cars under New Mexico law
A person to whom the vehicle is transferred during the express warranty is a consumer. Used vehicles from a used motor vehicle dealer carry a separate implied warranty of merchantability for 15 days or 500 miles, whichever comes first (§ 57-16A-3.1).
A person to whom the vehicle is transferred during the express warranty is a consumer under the new-vehicle rules. The Act covers automobiles, pickups, motorcycles and vans sold and registered in New Mexico under 10,000 lbs.
To test your own dates and repair visits, check your New Mexico repair dates with our checker.
New Mexico Lemon Law FAQs
What qualifies as a lemon in New Mexico?
A new vehicle with a defect that substantially impairs its use and market value, not fixed after 4 repairs or 30 business days in the shop within the warranty or the first year, after direct written notice to the manufacturer.
How long do I have to file a lemon law claim in New Mexico?
Within 18 months of original delivery, or within 90 days after a dispute panel’s final action, whichever is later (§ 57-16A-8).
Does the New Mexico lemon law cover motorcycles?
Yes. Passenger vehicles include automobiles, pickup trucks, motorcycles and vans under 10,000 lbs.
Does New Mexico have a used car lemon law?
Used vehicles from dealers carry an implied warranty for 15 days or 500 miles, whichever comes first, with the buyer paying up to $25 toward each of the first two repairs.
Do I get attorney fees under the New Mexico lemon law?
Yes. A consumer who prevails is entitled to reasonable attorney fees and court costs from the manufacturer.
Sources
Checked on October 13, 2026. We re-verify New Mexico rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.