New Mexico lemon law: when your car is a lemon and how to claim
In New Mexico, a new car counts as a lemon after 4 repairs for the same problem or 30 business days in the shop within the first 12 months. First, send the manufacturer a written notice: the free letter below does it.
Checked against official sources: Oct 22, 2026
Your next 4 steps in New Mexico
Keep every repair order
Get a written repair order at every visit, with the date, mileage and days in the shop. In New Mexico, a car is presumed a lemon after 4 repairs for the same problem or 30 business days in the shop.
Send the manufacturer a written notice
Send the manufacturer direct written notice of the defect and give it a chance to fix it. Write your notice letter ↓
Let the manufacturer make its final repair attempt
If the manufacturer asks for one more repair after your notice, take the car in and get a repair order.
Ask for a refund or replacement, use arbitration, or call a lawyer
If your manufacturer has a dispute program that meets the state’s rules (check your warranty booklet), you may have to use it first. See the Arbitration section below. If you win, the court can make the manufacturer pay your lawyer (see What you can get), so many lemon law lawyers charge nothing up front.
When a car is a lemon in New Mexico
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
Is your car a lemon in New Mexico? A quick check
Notice to the manufacturer
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.
Arbitration
Maybe — check your warranty booklet for an arbitration program (e.g. BBB AUTO LINE). 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.
Deadline to sue or file in New Mexico
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).
What you can get
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: 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).
Free lemon law notice letter
Most states require you to tell the manufacturer in writing and give it a last chance to fix the car. Fill this in, download the letter, sign it and mail it to the manufacturer. Keep a copy.
Send it by certified mail with return receipt so you have proof, and keep the receipt.
Who to contact
- Office
- New Mexico Department of Justice (Attorney General), Consumer Protection
- Phone
- 505-717-3500
What the law covers
- New vehicles
- Yes
- Used vehicles
- Yes
- Leased vehicles
- Not specified
- Which vehicles
- Passenger vehicles - cars, 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 pounds.
- Who can claim
- The buyer (not for resale), anyone the vehicle is transferred to while the express warranty still runs, and anyone else the warranty lets enforce it - but only if the vehicle is normally used for personal, family or household purposes. Business-use vehicles do not qualify.
Used cars in New Mexico
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).
Good to know
- If you choose to use the lemon law, you give up certain Uniform Commercial Code remedies such as rejecting or revoking acceptance of the vehicle (§ 57-16A-5).
- A vehicle that was replaced or bought back must carry a written notice saying so before it is offered for resale (§ 57-16A-7.1).
- The state's appeals court has held that a vehicle used mainly for business is not covered, even if the owner can enforce the warranty (Jones v. GMC, 1998-NMCA-020).
Questions about New Mexico's lemon law
How many repair attempts make a car a lemon in New Mexico?
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.
How long does New Mexico's lemon law cover a car?
The manufacturer's express warranty term or 1 year from original delivery, whichever ends first
Do I have to notify the manufacturer in New Mexico?
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.
Do I have to go to arbitration in New Mexico?
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.
What can I get under New Mexico's lemon law?
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.
Is there a deadline to file a lemon law claim in New Mexico?
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).
Does New Mexico's lemon law cover used cars?
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 lawSources
- NMSA 1978 Chapter 57 - Trade Practices and Regulations (Article 16A, Motor Vehicle Quality Assurance Act), NMOneSource
- NMSA 1978 Chapter 57 full text (PDF), NMOneSource
- Jones v. General Motors Corp., 1998-NMCA-020 (NMOneSource)
- N.M. Laws 2003, ch. 216 (HB 225) - used vehicle implied warranty and buyback notice
- New Mexico DOJ - Auto Purchasing Consumer Guide
Last checked: Oct 22, 2026.
Law: Motor Vehicle Quality Assurance Act, N.M. Stat. Ann. §§ 57-16A-1 to 57-16A-9