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

12 monthslemon law period
4 triesrepairs for the same problem
30 business daysout of service
Maybecheck your warranty booklet for an arbitration program (e.g. BBB AUTO LINE)
See the ruledeadline to sue or file

Your next 4 steps in New Mexico

  1. 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.

  2. 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 ↓

  3. 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.

  4. 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

New Mexico: The manufacturer's express warranty term or 1 year from original delivery, whichever ends first.

Count only business days, as New Mexico’s law does.

Fill in what you knowThe result updates as you type.

A rough guide to New Mexico’s presumption, not legal advice. Even if your car falls short, you may still have a claim under your warranty or federal law.

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.

Write your notice letter below.

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.

On your registration, insurance card or the driver’s side of the dashboard. A VIN never uses I, O or Q.

Find it in your warranty booklet or owner's manual (look for 'Customer Assistance').

Other formats

Who to contact

Office
New Mexico Department of Justice (Attorney General), Consumer Protection
Phone
505-717-3500

Official page

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).

Used car rules in every state

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 law

Sources

Other states