New Mexico · Lemon law · Updated Oct 2026
Motor Vehicle Quality Assurance Act (N.M. Stat. Ann. §§ 57-16A-1 to 57-16A-9) protects buyers of new vehicles that can't be fixed. Here is what counts as a lemon in New Mexico, the notice you must send and what you can get back.
Your new vehicle is presumed a lemon if, within the warranty term or 1 year from delivery (whichever ends first), the same defect has been repaired 4 or more times and is still there, or the vehicle has been in the shop for repairs for a total of 30 or more business days (not counting routine maintenance). The defect must substantially impair the vehicle's use and market value. The presumption only applies after the manufacturer has received direct written notice from you and had a chance to fix the defect.
Period: The manufacturer's express warranty term or 1 year from original delivery, whichever ends first
Send the manufacturer direct written notice of the defect and give it a chance to fix it. The manufacturer must tell you about this requirement in the warranty or a separate notice. The statute does not require certified mail.
If the manufacturer has or takes part in a fair dispute program that substantially complies with federal rules (16 C.F.R. Part 703), you must use it before you can claim a refund or replacement. There is no state-run arbitration; the Attorney General may review whether a manufacturer's program is fair.
The manufacturer must replace the vehicle with an identical or reasonably equivalent one, or take it back and refund the full purchase price plus collateral charges (all taxes, license, title and registration fees and other government charges). A reasonable allowance for your use before you first reported the defect (and while the car was not in the shop) is deducted from either a refund or a replacement. The refund is split between you and any lender.
Attorney fees: Yes. A consumer who wins is entitled to reasonable attorney fees and court costs from the manufacturer; a consumer who loses after suing in bad faith or for frivolous reasons may have to pay the manufacturer's fees (§ 57-16A-9).
Deadline: File suit within 18 months after original delivery, or within 90 days after the final decision of a manufacturer's dispute program if you used one, whichever is later (N.M. Stat. Ann. § 57-16A-8).
Used-car dealers (4 or more sales a year) may not disclaim the implied warranty of merchantability for 15 days or 500 miles after delivery, whichever comes first; you must notify the seller within 30 days of a breach, and you pay half of each of the first two repairs, up to $25 each (§ 57-16A-3.1).
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Send the manufacturer direct written notice of the defect and give it a chance to fix it. The manufacturer must tell you about this requirement in the warranty or a separate notice. The statute does not require certified mail. Fill this in, copy the letter, sign it and send it by certified mail with return receipt. Keep a copy. Nothing you type here is sent to us; the letter is made in your browser.
Your new vehicle is presumed a lemon if, within the warranty term or 1 year from delivery (whichever ends first), the same defect has been repaired 4 or more times and is still there, or the vehicle has been in the shop for repairs for a total of 30 or more business days (not counting routine maintenance). The defect must substantially impair the vehicle's use and market value. The presumption only applies after the manufacturer has received direct written notice from you and had a chance to fix the defect.
The manufacturer's express warranty term or 1 year from original delivery, whichever ends first
Send the manufacturer direct written notice of the defect and give it a chance to fix it. The manufacturer must tell you about this requirement in the warranty or a separate notice. The statute does not require certified mail.
If the manufacturer has or takes part in a fair dispute program that substantially complies with federal rules (16 C.F.R. Part 703), you must use it before you can claim a refund or replacement. There is no state-run arbitration; the Attorney General may review whether a manufacturer's program is fair.
The manufacturer must replace the vehicle with an identical or reasonably equivalent one, or take it back and refund the full purchase price plus collateral charges (all taxes, license, title and registration fees and other government charges). A reasonable allowance for your use before you first reported the defect (and while the car was not in the shop) is deducted from either a refund or a replacement. The refund is split between you and any lender.
File suit within 18 months after original delivery, or within 90 days after the final decision of a manufacturer's dispute program if you used one, whichever is later (N.M. Stat. Ann. § 57-16A-8).
Used-car dealers (4 or more sales a year) may not disclaim the implied warranty of merchantability for 15 days or 500 miles after delivery, whichever comes first; you must notify the seller within 30 days of a breach, and you pay half of each of the first two repairs, up to $25 each (§ 57-16A-3.1).
Car not covered, or the period has passed? Federal warranty law may still help, and small claims court can handle smaller repair bills.
Federal warranty lawLast checked: Oct 2026.