Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that establishes an individual's right to repair.

Highlights:

• Specifies that if a purchaser receives an electronics device that has a serious defect, the seller of the device is obligated to find out the constructor of that part of the device and notify the purchaser (Sec. 3). 

• Specifies that the notice provided to the purchaser does not constitute an insurance claim (Sec. 3). 

• Requires that if damage is done to a dwelling that the seller has the ability to inspect the damage and the purchaser makes their dwelling available to determine the exact nature of the defect (Sec. 3). 

• Requires that after inspection and discovery of the nature of the defect, the seller will notify the purchaser and upon receiving receipts shall do one of the following options (Sec. 3)

• Offer to repair or replace the defect;

• Provide monetary compensation; and

• Invoke any remedies specified in the contract between buyer and seller. 

• Authorizes purchasers to drop their claims if the repairs or compensation are satisfactory for them (Sec. 3).

• Specifies that delays in repair or compensation that are out of the control of both may result in time periods being delayed (Sec. 3). 

• Specifies that if the seller does not comply with the above requests then the purchaser may make a complaint in court and follow the remedy set for in the construction contract (Sec. 3). 

• Specifies that if a purchaser rejects a repair or compensation request then they may initiate their own actions (Sec. 3). 

• Specifies that if a repair request has been accepted then the construction professional may have access to the dwelling so that they may initiate repairs on the electronic defect or part in question (Sec. 3). 

• Specifies that nothing in the right to repair act negates any part of existing construction contracts (Sec. 3). 

• Specifies that this act goes into effect on July 1, 2023 (Sec. 4). 

Full Bill Text