State Law Guide
Many F&I products allow cancellation for a pro-rata refund, but the contract, product type, timing, claims, and state law all matter.
New Mexico Extended Warranty Cancellation Guide
Under New Mexico Service Contract Regulation Act, New Mexico gives you the right to cancel and receive refunds on F&I products. You have a 20 days (mailed) / 10 days (furnished at purchase) free look period for full refunds. Dealers who fail to comply face A penalty of 10% of the purchase price for each 30-day period (or part of one) a free-look refund stays unpaid after 60 days (NMSA § 59A-58-9(E)), and civil penalties assessed by the Superintendent of Insurance of up to $5,000 per violation, capped at $100,000 for violations of a similar nature (NMSA § 59A-58-17).
Quick Answer
Cancellation rights in New Mexico depend on the product and contract. Upload yours to see which add-ons appear cancellable. During the first 20 days (mailed) / 10 days (furnished at purchase), you receive a full refund (minus up to 10% of purchase price fee). Refunds must be issued within 60 days. You can sue in Small Claims Court for up to $10,000.
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Key New Mexico Provisions
| Provision | Requirement | Your Right |
|---|---|---|
| Free Look Period | 20 days after mailing / 10 days if furnished at purchase (NMSA 59A-58-9(A)) | If you have made no claim, returning the contract voids it and the provider must refund the purchase price |
| Free-Look Refund Deadline | 60 days (NMSA 59A-58-9(E)) | A free-look refund or credit is due within 60 days of the return; after that the provider owes a penalty of 10% of the purchase price for each 30-day period (or part of one) the refund stays unpaid |
| Refund After Free Look | 100% of unearned pro rata provider fee (NMSA 59A-58-9(C)) | After the free-look period, or if a claim was made, you can cancel for 100% of the unearned pro rata provider fee, less claims paid and a reasonable administrative fee of up to 10% of the purchase price |
| Provider Registration | Required (NMSA 59A-58-4) | Providers must register with the Superintendent of Insurance (major manufacturers' service contracts are exempt) |
| Limits on Provider Cancellation | NMSA 59A-58-12 | Once a contract has been in effect for 70 days, the provider may cancel it before the term ends or one year passes (whichever is first) only for nonpayment, fraud or material misrepresentation, a crime or a holder act that materially increases the service required; no cancellation takes effect until 15 days after notice is mailed |
| No Forced Purchase | Prohibited (NMSA 59A-58-14) | No one may require you to buy a service contract to get a loan approved or to buy property |
Free Look Period
20 days after mailing / 10 days if furnished at purchase (NMSA 59A-58-9(A))Free-Look Refund Deadline
60 days (NMSA 59A-58-9(E))Refund After Free Look
100% of unearned pro rata provider fee (NMSA 59A-58-9(C))Provider Registration
Required (NMSA 59A-58-4)Limits on Provider Cancellation
NMSA 59A-58-12No Forced Purchase
Prohibited (NMSA 59A-58-14)What New Mexico Law Requires
Your Cancellation Rights
Under New Mexico Service Contract Regulation Act, some F&I products sold in New Mexico may be cancellable or refundable, subject to their contract terms. During the free look period (20 days (mailed) / 10 days (furnished at purchase)), you receive a full refund. After this period, you're still entitled to a pro-rata refund based on unused time or mileage.
Timeline
If you cancel within the free-look window, the provider has 60 days to pay the refund; for later cancellations your contract sets the timing. Failure to comply may result in A penalty of 10% of the purchase price for each 30-day period (or part of one) a free-look refund stays unpaid after 60 days (NMSA § 59A-58-9(E)), and civil penalties assessed by the Superintendent of Insurance of up to $5,000 per violation, capped at $100,000 for violations of a similar nature (NMSA § 59A-58-17).
Your contract may include cancellation rights that are easy to overlook. We identify the products, check the applicable terms and rules, and estimate what may be refundable.
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Frequently Asked Questions
Can I cancel my extended warranty in New Mexico?
Yes. Under NMSA § 59A-58-9, you can cancel within 10 days of purchase if the contract was delivered at the point of sale, or 20 days if it was mailed, for a full refund if no claim was made. After that window, the provider may charge a reasonable admin fee of up to 10% of the purchase price. Providers cannot cancel contracts after 70 days in effect except for specific reasons like fraud or nonpayment.
Can a New Mexico provider cancel my service contract?
Only under limited circumstances after 70 days: nonpayment, material misrepresentation, fraud, or substantial changes in required service. The provider must follow the procedures in Section 59A-58-12.
Can a dealer require me to buy a service contract in New Mexico?
No. NMSA § 59A-58 prohibits conditioning the approval of a loan or purchase of property on the purchase of a service contract.
Where do I file a complaint in New Mexico?
Contact the New Mexico Office of Superintendent of Insurance at (855) 427-5674 or the New Mexico Attorney General Consumer Protection Division at (505) 490-4060.
New Mexico Regulatory Contacts
If you need to file a complaint or seek assistance, contact these official agencies:
Contact information is provided for reference. Verify current details on official agency websites.
Compare Other States
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