New Mexico's Repair-Attempt Presumption (4 Attempts / 30 Business Days)

The Motor Vehicle Quality Assurance Act presumes a manufacturer has had a reasonable number of attempts to fix a defect when one of two thresholds is met within the express-warranty term or one year of original delivery, whichever is earlier. New Mexico uses a 30-business-day out-of-service measure — roughly 42 calendar days — which is less consumer-favorable than a 30-calendar-day standard.

The two thresholds

Test	Threshold
Same uncorrected nonconformity, repair attempts	4 or more (and the defect continues to exist)
Cumulative business days out of service for repair	30 or more (exclusive of routine maintenance)

Either threshold, met within the warranty term or one year (whichever earlier), triggers the presumption that the manufacturer has had its reasonable chance to repair.

Why “business days” matters

New Mexico counts business days, not calendar days, for the out-of-service test. Thirty business days spans roughly six calendar weeks (~42 days) once weekends are excluded. This is less consumer-favorable than the 30-calendar-day tier (Arizona, Georgia, Ohio) and the 20-day tiers (New Jersey 20 calendar days, North Carolina 20 business days). Track the out-of-service period carefully — count only weekdays the vehicle was in the shop for warranty repair.

What counts as a “repair attempt”

• Vehicle was at the manufacturer’s agent or an authorized dealer for repair.
• Consumer reported the defect and a repair order documents the visit.
• “No problem found” visits count if the defect was reported.
• The same uncorrected nonconformity must persist — different defects are tracked separately.
• Independent-mechanic visits don’t count.
• Routine maintenance doesn’t count and is excluded from the out-of-service tally.

The presumption is rebuttable — affirmative defenses (§ 57-16A-4)

Meeting a threshold creates a presumption, not an automatic win. Under § 57-16A-4 the manufacturer can rebut by showing:

• The nonconformity does not substantially impair use and market value.
• The defect resulted from consumer abuse, neglect, or unauthorized modification.
• The claim was not brought in good faith.

No separate serious-safety-defect threshold

Unlike Virginia, Georgia, or Washington, New Mexico does not set a lower attempt threshold for serious safety defects. All defects use the same 4-attempt or 30-business-day rules — though a single dangerous defect after fewer attempts may still support a UPA or Magnuson-Moss theory.

Watch the window

The thresholds must be met within the express-warranty term or one year of delivery, whichever is earlier — New Mexico’s tight Rights Period. A defect that takes four attempts spread across 14 months may fall outside the presumption window even though the 18-month SOL for filing has not yet run.

Bottom line

Four same-defect repairs or 30 cumulative business days out of service, within the warranty term or one year, presumes a reasonable number of attempts under the MVQAA. The business-day out-of-service measure and the tight one-year window make careful, contemporaneous documentation essential.

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