Free New Mexico As-Is Bill of Sale
New Mexico's lemon law (NMSA § 57-16A) covers new vehicles sold by dealers only — private as-is sales are entirely outside its scope. Under NM UCC (NMSA § 55-2-316), an 'AS IS' disclaimer must be written conspicuously to effectively waive implied warranties. The biggest risk in a New Mexico private sale is the NM Unfair Practices Act (NMSA § 57-12-3), which applies only to businesses — private sellers are not covered — but active misrepresentation can still expose a seller to fraud claims.
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New Mexico As-Is Bill of Sale — What You Need to Know
Sales Tax Details
New Mexico imposes a 4% Motor Vehicle Excise Tax on the sale price; assessed at the time of title transfer
New Mexico As-Is Sale — Step-by-Step Checklist
- Write 'AS IS — NO WARRANTIES' in bold or larger type at the top of the bill of sale to meet the NMSA § 55-2-316 conspicuousness requirement
- Record the full VIN, year, make, model, and odometer reading on the bill of sale
- Assign the back of the title over to the buyer with your signature, the sale date, and the agreed sale price
- Disclose any known material defects in writing — even outside lemon-law coverage, fraud by omission can create liability
- Collect the 4% Motor Vehicle Excise Tax at closing or confirm it will be paid by the buyer at the MVD within 30 days
- Provide the buyer with a signed bill of sale; retain a copy for your own records
- Remove your license plates — New Mexico plates stay with the seller, not the vehicle
Common Pitfalls
- Burying 'as is' in small print or body text — NMSA § 55-2-316 requires conspicuous language; a hidden disclaimer can be voided by a court
- Failing to disclose a known salvage or rebuilt title — NM MVD will flag it during transfer, and non-disclosure can constitute fraud regardless of lemon-law exemptions
- Leaving your plates on the vehicle — New Mexico plates are registered to the seller; abandoning them with the car can result in citations attributed to you
- Underreporting the sale price on the title to reduce the buyer's excise tax — this is tax fraud and voids any liability protections the as-is clause would otherwise provide
Pro Tip
New Mexico's private-sale framework is seller-friendly: no lemon-law exposure, no business-level consumer-protection reach, and a flat 4% excise tax paid by the buyer. Keep your as-is clause conspicuous, disclose known defects in writing, and complete the title assignment accurately to close without liability.