The New Mexico Lemon Law covers new automobiles, pickup trucks, motorcycles or vans used for personal, family or household purposes for a period of one year from the time of purchase. The coverage of motorcycles is a plus; many, if not most, states do not cover motorcycles under their lemon law statutes.

Like most state lemon laws, this one provides that the manufacturer shall provide relief if the defect or nonconformity has not been repaired by the manufacturer within a “reasonable” number of attempts. New Mexico defines “reasonable” as four or more attempts to repair a defect or nonconformity during the warranty period. “Nonconformity” is usually defined as any naturally occurring defect that adversely affects the safety, use or market value of the vehicle in question. Exceptions are made if the nonconformity is caused by abuse, neglect, or unauthorized modification of the vehicle.

Alternatively, the vehicle may also qualify for relief if it has been out of service for a cumulative period of 30 days for the same problem during the warranty period.

New Mexico requires that owners of vehicles that qualify for lemon status go through the manufacturer’s arbitration process, should they have one. Most manufacturers do have one in most states; you should check your owner’s manual for information regarding manufacturer arbitration programs. If the arbitrator rules in favor of the owner, the manufacturer shall, at the owner’s discretion, either replace the vehicle with a comparable one or refund the owners purchase price, less a reasonable charge for wear and tear on the vehicle. The formula used to determine wear and tear can vary substantially from state to state; you may wish to contact either the New Mexico Attorney General’s office or an experienced attorney if you have any questions about this adjustment.

The law of this state seems not to have a mileage requirement; only a one year time period. What is unusual about New Mexico’s law is that the state does have a limited lemon law for used vehicles in addition to new ones. The used car lemon law applies to used vehicles for up to 500 miles or 15 days from the date of purchase, and specifies that the vehicle must be “fit for the ordinary purposes for which the vehicle is used.” This is unusual; most states have no policies regarding the sale of used vehicles other than “buyer beware.” Particularly unusual is that the used vehicle legislation is completely separate from that affecting new ones. Most states that have such laws for used vehicles have them apply only to late-model units which may still be covered under the manufacturer’s original warranty.

If you are going through headaches with your automobile, truck or van, you may discover that you need the aid of an experienced lawyer. LegalMatch can help find an experienced attorney local to you. Confidentiality is protected, all attorneys are licensed, and inquiries are free.

Scattered additional information can be found at the Website of the New Mexico Attorney General’s office. The site isn’t overly informative, so while you are contacting the AG’s office you might suggest that they improve their Website.