NEW MEXICO Lemon Law:
N.M. Stat. §§ 57-16A-1 to 57-16A-9; see also N.M. Stat. §§ 56-
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-
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
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).