State lemon laws help consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer’s original warranty.
Lemon laws can help a consumer get the vehicle repurchased, replaced, or repaired through a process that is less complicated and expensive than filing a lawsuit and going to court.
A car is a “lemon” when it is determined that the vehicle is defective beyond repair. Most states have some form of a lemon law to protect car buyers. These laws generally only apply to new cars purchased or leased by consumers and small businesses.
But a used car may also be covered if it is still covered by the manufacturer’s original warranty (not an extended service contract), or if the defect started and was reported to the dealer while under the manufacturer’s original warranty, and the defect continues to exist.
Lemon laws often do not cover repossessed vehicles, non-travel trailers, boats, or farm equipment.
Lemon laws only cover defects that substantially impair the use or market value of the vehicle—which does not include issues like minor rattles, noises, and car audio imperfections.
Each state has its own requirements, but common factors to qualify as a lemon include:
• The vehicle has a substantial manufacturing defect
• The defect is covered by a manufacturer’s written warranty
• The owner reports the defect to the dealer or manufacturer within the warranty term
• The owner gives the dealer a reasonable number of attempts to repair the defect or condition
• The owner gives the manufacturer written notice (preferably by certified mail) of the defect and at least one opportunity to fix the defect
• The defect persists and substantially impairs the vehicle’s use or market value or creates a serious safety hazard
Lemon laws are usually located in a state’s statutes and are often administered by the state’s department of motor vehicles or a specified consumer protection agency.
In New Mexico, the state lemon law is designed to protect consumers who purchase or lease new vehicles that turn out to be defective and cannot be repaired after a reasonable number of attempts by the manufacturer. Under New Mexico's Lemon Law, a vehicle may be considered a lemon if it has a substantial defect covered by the manufacturer's warranty that substantially impairs its use, value, or safety, and the defect persists despite a reasonable number of repair attempts. The law typically applies to new vehicles, but a used vehicle may still be covered if it is under the manufacturer's original warranty and the defect was reported during this period. The New Mexico Lemon Law does not cover issues that do not substantially impair the vehicle's use or value, such as minor noises or stereo system problems. To benefit from the lemon law, the vehicle owner must report the defect within the warranty term and must provide the manufacturer with a written notice of the defect and an opportunity to repair it. If the vehicle qualifies as a lemon, the consumer may be entitled to a replacement, repurchase, or repair of the vehicle. The New Mexico Motor Vehicle Division or a consumer protection agency may provide assistance with the lemon law process.