reglab/housing_qa huggingface dataset:
NM Stat § 57-16-6.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-6.1 - Motorcycle dealers; new product; franchise or sales agreement.

A. Before a manufacturer, distributor or representative offers a new or additional motorcycle product for resale to any person to act as dealer whose market area, as defined in Subsection P of Section 57-16-5 NMSA 1978, includes the place of business of an existing dealer of a manufacturer, distributor or representative, the manufacturer, distributor or representative shall first offer the new or additional motorcycle product to the existing dealer in writing by registered mail with all of the conditions for marketing the new or additional motorcycle product in the market area which the manufacturer, distributor or representative will impose on any person marketing the new or additional motorcycle product in the market area. The manufacturer, distributor or representative shall not offer the new or additional motorcycle product to any other person, to act as a dealer of the new or additional motorcycle product, whose market area, as defined in Subsection P of Section 57-16-5 NMSA 1978, includes the place of business of the existing dealer, until either sixty days has elapsed after the offer of the new or additional motorcycle product to the existing dealer or the existing dealer has rejected, in writing, that offer, whichever is sooner. B. Any renewal of an existing franchise or sales agreement by a manufacturer, distributor or representative which occurs on or after July 1, 1985, or any new franchise or sales agreement which is executed by a manufacturer, distributor or representative on or after July 1, 1985, shall contain provisions for the addition of those motorcycle models, types or products which are under separate franchises or sales agreements to the dealer and for the addition of franchise agreements for new or additional motorcycle products introduced by the manufacturer, distributor or representative on or after July 1, 1985, so that, upon the date of renewal of the last separate franchise or sales agreement which was entered into by the dealer with the manufacturer, distributor or representative before July 1, 1985, all of those models and types of motorcycles, and any new or additional motorcycle products, which are offered by the manufacturer, distributor or representative on or after July 1, 1985 and accepted by the dealer, are under one franchise. History: 1978 Comp., § 57-16-6.1, enacted by Laws 1985, ch. 213, § 3.
NM Stat § 57-16-6.2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-6.2 - Recreational vehicles; franchise agreements.

A. Every recreational vehicle manufacturer, distributor or representative shall execute a written franchise or sales agreement with each of its recreational vehicle dealers. Each agreement shall include the following provisions: (1) warranty service obligations, including rates charged by a dealer for performing warranty service; (2) specific territory or market area designation; (3) grounds for termination; (4) repurchase obligations; (5) sales volume and performance; and (6) dispute resolution procedures. B. Notwithstanding the provisions of Subsection A of this section, a dealer and manufacturer, distributor or representative may mutually agree not to include the provisions listed in Paragraphs (2) through (6) of Subsection A of this section; provided, however, a written declaration stating which of the provisions were intentionally omitted and not applicable shall be incorporated into the written agreement. History: Laws 1995, ch. 19, § 2; 2003, ch. 199, § 1. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, inserted "including rates charged by a dealer for performing warranty service" at the end of Paragraph A(1).
NM Stat § 57-16-7.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-7.1 - Sales and service incentives; audit.

A manufacturer or distributor may audit a claim for sales and service incentives only during the six-month period immediately following payment or credit issued for the claim; however, this limitation shall not apply if there is a reasonable suspicion of fraud. History: Laws 1997, ch. 14, § 2; 2011, ch. 111, § 2; 2011, ch. 118, § 2. ANNOTATIONSThe 2011 amendment, effective July 1, 2011, changed the period for auditing claims for sales and service incentives from twenty-four months to six months. Laws 2011, ch. 111, § 2 and Laws 2011, ch. 118, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2011, ch. 118, § 2. See 12-1-8 NMSA 1978.
NM Stat § 57-16-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-8 - Unreasonable restrictions; site control agreements; exclusive use agreements.

A. It is unlawful to, directly or indirectly, impose unreasonable restrictions on the motor vehicle dealer or franchise relative to transfer, sale, right to renew, termination discipline, noncompetitive covenants, site-control whether by sublease, collateral pledge of lease or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights. B. Unless a separate agreement lasting no more than fifteen years has been voluntarily entered into for separate consideration, it is unlawful to, directly or indirectly, require a site control agreement or exclusive use agreement as a condition of: (1) awarding a franchise to a prospective motor vehicle dealer; (2) adding a line make or franchise to an existing dealer; (3) renewing the franchise of an existing dealer; (4) approving the relocation of an existing dealer's facility; or (5) approving the sale or transfer of ownership of a franchise. C. As used in this section, "site control agreement" or "exclusive use agreement" means any agreement that has the effect of: (1) requiring a dealer to establish or maintain exclusive dealership facilities; (2) restricting the ability of a dealer or a dealer's lessor to transfer, sell, lease or change the use of the dealership premises; or (3) preventing or attempting to prevent a dealer from acquiring, adding or maintaining a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership, provided that the dealer complies with any reasonable facilities requirements of the manufacturer, successor manufacturer or distributor. History: 1953 Comp., § 64-37-8, enacted by Laws 1973, ch. 6, § 8; 2010, ch. 38, § 2; 2010, ch. 40, § 2. ANNOTATIONSThe 2010 amendment, effective March 8, 2010, in the catchline, after "unreasonable restrictions;", added "site control agreements; exclusive use agreements"; in Subsection A, at the beginning of the sentence, changed "It shall be unlawful to impose unreasonable restrictions" to "It is unlawful to, directly or indirectly, impose unreasonable restrictions"; and added Subsections B and C. Laws 2010, ch. 38, § 2 and Laws 2010, ch. 40, § 2 enacted identical amendments to this section. The section was set out as amended by Laws 2010, ch. 40, § 2. See 12-1-8 NMSA 1978. Inapplicable to prospective franchisees. — This article does not govern manufacturers' dealings with prospective franchisees, nor does it provide in explicit terms protection for that class. Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350.
NM Stat § 57-16-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-9 - Franchise renewal; termination; anticipatory termination.

A. Anything to the contrary notwithstanding, it is unlawful for the manufacturer, distributor or representative without due cause to fail to renew a franchise on terms then equally available to all its motor vehicle dealers or their prospective purchasers, to terminate a franchise or to restrict the transfer of a franchise unless the dealer receives fair and reasonable compensation for the value of the business. A prospective purchaser may enforce the provisions of this section whether or not the person is a dealer. B. A public announcement by a manufacturer or distributor of an intention to cease manufacturing or distribution of a motor vehicle brand within three years of the announcement or upon expiration of a dealers' current franchise or selling agreement may at the option of an affected dealer be deemed an anticipatory involuntary termination of the dealer's franchise. History: 1953 Comp., § 64-37-9, enacted by Laws 1973, ch. 6, § 9; 1997, ch. 31, § 3; 2010, ch. 38, § 3; 2010, ch. 40, § 3. ANNOTATIONSCross references. — For termination or cancellation of a franchise, see 57-16-5 NMSA 1978. The 2010 amendment, effective March 8, 2010, in the catchline, after "termination", added "anticipatory termination"; in Subsection A, in the first sentence, after "fail to renew", added "a franchise"; and added Subsection B. Laws 2010, ch. 38, § 3 and Laws 2010, ch. 40, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2010, ch. 40, § 3. See 12-1-8 NMSA 1978. The 1997 amendment, effective June 20, 1997, inserted "or their prospective purchasers" in the first sentence, added the second sentence, and made stylistic changes throughout the section. Purpose of section. — This section was intended to forbid conduct that is otherwise lawful under the act. Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350. Inapplicable to prospective franchisees. — This article does not govern manufacturers' dealings with prospective franchisees, nor does it provide in explicit terms protection for that class. Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350. Standing. — This article requires only that the manufacturer act with due cause; when an existing dealer was denied the acquisition of an additional franchise based on his past performance, the dealer did not show the requisite injury to recover under this Act. Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62B Am. Jur. 2d Private Franchise Contracts §§ 564 to 658. Validity and construction of statute regulating dealings between automobile manufacturers, distributors and dealers, 7 A.L.R.3d 1173, 82 A.L.R.4th 624, 51 A.L.R. Fed. 812.
NM Stat § 57-16-9.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-9.1 - Succession to motorcycle dealership.

A. A manufacturer, distributor or representative shall not prevent or refuse to give effect to the succession to ownership or management control of a motorcycle dealership upon the death or incapacity of the dealer by the surviving spouse, heir, legatee or devisee nor shall the manufacturer, distributor or representative interfere, prevent or hinder, either directly or indirectly, the continuance of the business by reason of such succession, except as otherwise provided in this act. B. Any designated family member of a deceased or incapacitated dealer may succeed the motorcycle dealer in ownership or management control under the existing agreement; provided that the designated family member provides notice to the manufacturer, distributor or representative, in writing by registered mail, of the intention to succeed to the dealership within one hundred and twenty days after the dealer's death or incapacity and the successor agrees to be bound by all the terms of the original agreement. The successor must meet the reasonable criteria applied by the manufacturer, distributor or representative to new dealers. C. The rejection of succession, without good cause, shall constitute an unfair termination or cancellation, regardless of the terms or provisions of the franchise or selling agreement. If the manufacturer, distributor or representative believes that good cause exists for rejection, such manufacturer, distributor or representative shall provide notice to the successor, in writing by registered mail within sixty days of the receipt of the notice of intention to succeed. In no event shall the contractual term of any franchise or selling agreement expire, without the written consent of the successor, prior to the expiration of at least ninety days following such written notice. During the ninety-day period the designated family member or successor may petition a court to modify such ninety-day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief. D. A motorcycle dealer may designate any person as the successor by written instrument filed with the manufacturer, distributor or representative and such written instrument shall be controlling. History: 1978 Comp., § 57-16-19.1, enacted by Laws 1985, ch. 213, § 4. ANNOTATIONSCompiler's notes. — The term "this act", referred to at the end of Subsection A, means Laws 1985, Chapter 213, which appears at 57-16-3, 57-16-5, 57-16-6.1 and 57-16-9.1 NMSA 1978.
NM Stat § 57-16-9.3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-9.3 - Motor vehicle dealers; termination of franchise; return of inventory; exceptions.

A manufacturer or distributor is not required to repurchase: A. inventory that the dealer orders either after the dealer receives notice of the termination of the franchise from the manufacturer or distributor or after any relief, granted by a court to the dealer in the form of temporary restraining orders, temporary injunctions or permanent injunctions, has expired; B. inventory for which the dealer is unable to furnish evidence of clear title; or C. motorcycle attachments or motor vehicle repair parts that have a limited storage life, are in a broken or damaged package, are usually sold as part of a set, if the parts are separated from the set, or cannot be sold without reconditioning. History: 1978 Comp., § 57-16-9.3, enacted by Laws 1991, ch. 49, § 3; 1993, ch. 167, § 4. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "Motor vehicle" for "Motorcycle" in the section heading and inserted "motor vehicle" near the beginning of Subsection C.
NM Stat § 57-16-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-10 - Refunds; discounts.

In connection with a sale of a motor vehicle or vehicles to the state or to any political subdivision thereof, no manufacturer, distributor or representative shall offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer or offers to all other of its dealers within the relevant market area, and if such inducements are made, the manufacturer, distributor or representative shall give simultaneous notice thereof to all of its dealers within the relevant market area who have requested such notice. History: 1953 Comp., § 64-37-10, enacted by Laws 1973, ch. 6, § 10.
NM Stat § 57-16-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-11 - Injunction.

Whenever it appears that a person has violated, or is violating, or is threatening to violate, any provision of this act, the aggrieved person may cause a civil suit to be instituted in district court for injunctive relief to restrain the person from continuing the violation or threat of violation. History: 1953 Comp., § 64-37-11, enacted by Laws 1973, ch. 6, § 11. ANNOTATIONSCompiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
NM Stat § 57-16-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-12 - Venue of suits; relief.

A suit for injunctive relief may be brought either in the county where the defendant resides or in the county where the violation or threat of violation occurs. In any suit to enjoin a violation or threat of violation of this act, the court may grant temporary restraining orders, temporary injunctions and permanent injunctions. History: 1953 Comp., § 64-37-12, enacted by Laws 1973, ch. 6, § 12. ANNOTATIONSCompiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
NM Stat § 57-16-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-13 - Right of action; damages.

In addition to any other judicial relief, any person who shall be injured in his business or property by reason of anything forbidden in this act may sue therefor in the district court and shall recover actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the defendant acted maliciously. History: 1953 Comp., § 64-37-13, enacted by Laws 1973, ch. 6, § 13. ANNOTATIONSCompiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978. Retail buyer's cause of action. — The statutory language of this article, the explicit legislative object of ensuring "a sound system" of motor vehicle sale and distribution within the state, and the intent to provide a remedy for warranty abuse, implies a retail buyer's cause of action against a manufacturer for such abuse. GMAC v. Anaya, 1985-NMSC-066, 103 N.M. 72, 703 P.2d 169. Defendant's breach of contract was not malicious. — Where plaintiff sued defendant for breach of automobile dealership contract; and the trial court found that defendant acted willfully and improperly denied warranty claims and willfully breached the contract, but did not find that defendant's actions were maliciously intentional, fraudulent, oppressive, reckless or undertaken with wanton disregard of plaintiff's rights, plaintiff was not entitled to punitive damages. Art Janpol Volkswagen, Inc. v. Fiat Motors of N. Am., Inc., 767 F.2d 690 (10th Cir. 1985). Am. Jur. 2d, A.L.R. and C.J.S. references. — Plaintiff's rights to punitive or multiple damages when cause of action renders both available, 2 A.L.R.5th 449.
NM Stat § 57-16-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-14 - Limitations on suits.

Actions rising out of any provision of this act shall be commenced within four years next after the cause of action accrues; provided, however, that if a person liable hereunder conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States, or any of its agencies, under the antitrust laws, the Federal Trade Commission Act or any other federal act, or the laws of the state related to antitrust laws or to franchising, such actions may be commenced within one year after the final disposition of such civil, criminal or administrative proceeding. History: 1953 Comp., § 64-37-14, enacted by Laws 1973, ch. 6, § 14. ANNOTATIONSCompiler's notes. — The term "this act", referred to in the second sentence, means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978. Cross references. — For the Federal Trade Commission Act, see 15 U.S.C. §§ 41 to 58.
NM Stat § 57-16-15 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-15 - Price schedule change.

A manufacturer or distributor motor vehicle price increase shall not apply to vehicles which the dealer had ordered for private retail consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of each such order. In the event of price reductions, the amount of any such reduction received by a dealer shall be passed on to the private retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reduction shall apply to all motor vehicles in the dealer's inventory that are subject to the reduction. Price differences applicable to new model motor vehicles at the time of the introduction of new models shall not be considered a price increase or price decrease. History: 1953 Comp., § 64-37-15, enacted by Laws 1973, ch. 6, § 15.
NM Stat § 57-16-16 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-16 - Penalty.

Any dealer who shall willfully violate any of the provisions of Section 4 [57-16-4 NMSA 1978] of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. History: 1953 Comp., § 64-37-16, enacted by Laws 1973, ch. 6, § 16. ANNOTATIONSCompiler's notes. — The term "this act" means Laws 1973, Chapter 6, which appears as 57-16-1 to 57-16-6, 57-16-7 to 57-16-9, 57-16-10 to 57-16-16 NMSA 1978. The reference probably should be to all of Chapter 57, Article 16 NMSA 1978.
NM Stat § 57-16A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16A - Motor Vehicle Quality Assurance|Section 57-16A-1 - Short title.

This act [57-16A-1 to 57-16A-9 NMSA 1978] may be cited as the "Motor Vehicle Quality Assurance Act". History: Laws 1985, ch. 220, § 1. ANNOTATIONSLaw reviews. — For article, "New Mexico's 'Lemon Law': Consumer Protection or Consumer Frustration?", see 16 N.M.L. Rev. 251 (1986). Am. Jur. 2d, A.L.R. and C.J.S. references. — 17 Am. Jur. 2d, Consumer Product Warranty Acts §§ 66, 67. Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677. Validity, construction and effect of state motor vehicle warranty legislation, 88 A.L.R.5th 301.
NM Stat § 57-16A-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16A - Motor Vehicle Quality Assurance|Section 57-16A-4 - Affirmative defenses.

It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act that: A. an alleged nonconformity does not substantially impair the use and market value of the motor vehicle; B. a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle; C. a claim by a consumer was not filed in good faith; or D. any other affirmative defense allowed by law. History: Laws 1985, ch. 220, § 4.