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New Mexico - Statute §57-16A-1

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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.

Disclaimer: Please note that statutes may have been amended since the book was originally published in 2005.
Please consult your Secretary of State or local DMV office for the most recent and up to date statutes for the California Lemon Law.