New Mexico Auto Repair Law

Educational summary only – not legal advice.

This document translates New Mexico automotive repair law into plain English so that consumers and repair shops can quickly understand their rights, duties, and risks.

Governing Law

·       New Mexico Administrative Code (NMAC) 12.2.6 — Automotive Repair

·       New Mexico Unfair Practices Act (UPA)

·       New Mexico Mechanic’s Lien Statutes

Core Legal Requirements (Decoded)

1. Estimates & Authorization

When an estimate is required – A written estimate is required before repairs exceeding $100.

Form of authorization – Authorization must be documented. – If the customer is not present, oral authorization is allowed, but the shop must record: – Name of person authorizing – Date and time – Phone number used – Repairs authorized

Waiver of estimate – A customer may waive the estimate requirement, but the waiver must be signed and the shop must explain what rights are being waived.

Over‑estimate rules (critical) – If final charges will exceed the estimate by more than the greater of $50 or 10%, the shop must obtain additional authorization before proceeding. – Exception: additional repairs approved and paid by an insurance company.

Disclosure timing – Estimates, labor calculation methods, and warranty disclosures must be provided before work begins.

2. Invoices & Final Billing

·       A written final invoice is mandatory.

·       Invoice must itemize:

o   Labor performed

o   Parts used

o   Sublet repairs (clearly identified)

·       Itemization is not required only if parts/materials total $50 or less.

·       Charging beyond what is authorized is an unfair or deceptive trade practice.

3. Parts Disclosure & Condition

·       Shops must disclose whether parts are:

o   New

o   Used

o   Rebuilt / reconditioned

o   Aftermarket

If no disclosure is made – Parts are legally presumed to be new, and must be warranted as such.

4. Return of Replaced Parts

Customer rights – Replaced parts must be made available for customer inspection. – Customers may keep replaced parts upon request.

Exceptions – Parts required to be returned to manufacturers (warranty/core parts) – Hazardous materials subject to disposal laws

Core charges – If the customer keeps the part, they are generally responsible for any applicable core charge.

5. Labor Rates, Warranties & Shop Disclosures

Shops must conspicuously disclose: – Labor rates or method of labor calculation – Warranty terms – Parts return and disposal policies

These disclosures must be: – Posted in the shop, and – Reflected on estimates and invoices

6. Record Retention

·       State law does not specify a mandatory record retention period for repair shops.

·       General business, tax, and consumer‑protection record rules apply.

7. Enforcement & Penalties

Violations may result in: – Charges being void or unenforceable – Civil penalties under the Unfair Practices Act – Consumer restitution and damages – Attorney General enforcement actions – Exposure to private lawsuits

8. Mechanic’s Lien Rights

·       Repair shops have a possessory mechanic’s lien for labor and materials.

·       The shop may retain the vehicle until payment is made.

·       Improper billing or unlawful charges can jeopardize lien enforcement.

What This Means for Consumers

·       You are entitled to a written estimate for repairs over $100.

·       Shops cannot exceed the estimate by more than $50 or 10% without approval.

·       Always ask whether parts are new or used.

·       You may request your old parts back.

·       Unauthorized charges may be illegal and challengeable.

What This Means for Repair Shops

·       Written estimates and documented authorization are essential risk‑control tools.

·       Never exceed estimates without re‑approval.

·       Post labor rates, warranties, and policies clearly.

·       Disclose part condition or risk legal presumption of “new.”

·       Poor documentation can void invoices and liens.

Bottom Line

New Mexico repair law is authorization‑driven. If it is not disclosed, documented, and approved, it is legally vulnerable.

This page contains everything a shop owner or customer needs to understand New Mexico auto repair law in practice — not just in theory.