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New Mexico – Statute §57-16A-1

Vehicles Covered:

Passenger vehicles, sold or registered in state, whose gross vehicle weight is less than 10,000lbs, including automobiles, pick-up trucks, motorcycles and vans.

Persons Covered:

Purchasers, transferees during express warranty period or any persons entitled to enforce the warranty where vehicle used for personal, family, or household purposes.

Period Covered:

Whichever is first: term of express warranty or within one year from date of delivery.

Notice Requirement:

(a) Manufacturer – written notice and instruction, in the warranty or separate notice, of the consumer's obligation to file a written notice to the manufacturer; (b) Consumer – direct written notice for or on behalf of the consumer; opportunity to cure.

Repair Requirements:

It is presumed that a reasonable number of attempts have been made if the same nonconformity has been subjected to four or more repairs, or the vehicle is out of service for a cumulative total of 30 or more business days.

Affirmative Defenses:

The nonconformity does not significantly impair the use, market value of the vehicle, or is the result of abuse, neglect, or any unauthorized modifications or alterations; the claim is not filed in good faith; any other defenses allowed by law.

Replacement/Refund:

Less a reasonable allowance (defined), the manufacturer shall replace with a comparable vehicle, or refund the full purchase price.

Other Reimbursement:

Collateral charges (defined). Refund to the consumer and lien holder: Attorney fees.

Other remedies:

A consumer who seeks enforcement under this act is foreclosed from pursuing any UCC remedy.

Arbitration:

For remedies under this section, a consumer must use the informal dispute procedure established by the manufacturer provided that it complies with 16 C.F.R. 703.

Dealer Liability:

Resale of Lemon:

Full disclosure required.