reglab/housing_qa huggingface dataset:
NM Stat § 57-9A-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 9A - Unused Merchandise Ownership Protection|Section 57-9A-3 - Prohibited sales; certain merchandise.

A. It is a violation of the Unused Merchandise Ownership Protection Act for a vendor of unused merchandise to sell or offer for sale any baby food or infant formula, cosmetic, drug or medical device at an open market without displaying a written valid authorization from the manufacturer or distributor of the merchandise. The authorization shall identify the vendor of unused merchandise and shall specify the merchandise and expiration date of the merchandise that the vendor is authorized to sell. B. As used in this section: (1) "baby food or infant formula" means unused merchandise consisting of a food product manufactured, packaged and labeled specifically for consumption by a child less than two years of age; (2) "cosmetic" means unused merchandise, other than soap, that is: (a) intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or (b) intended for use as a component of any articles enumerated in Subparagraph (a) of this paragraph; (3) "drug" means unused merchandise, other than food, that: (a) is recognized in an official compendium; (b) affects the structure or any function of the body of man or other animals; or (c) is intended for use as a component of Subparagraph (a) or (b) of this paragraph, but does not include medical devices or their component parts or accessories; (4) "medical device" means unused merchandise that is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory, and that is: (a) recognized in an official compendium; (b) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or other animals; or (c) intended to affect the structure or function of the body of man or other animals and which does not achieve its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for achievement of its principal intended purposes; and (5) "official compendium" means the official United States pharmacopoeia national formulary or the official homeopathic pharmacopoeia of the United States or any supplement to either of them. History: Laws 1999, ch. 247, § 3. ANNOTATIONSEffective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
NM Stat § 57-9A-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 9A - Unused Merchandise Ownership Protection|Section 57-9A-4 - Recordkeeping requirements; violations.

A. A vendor of unused merchandise shall maintain receipts for the vendor's purchase of any unused merchandise sold or offered for sale by the vendor at an open market. The receipts shall be kept at the open market in which the unused merchandise is offered for sale and at the vendor's residence or principal place of business for two years after the merchandise is sold. Each receipt shall specify: (1) the date of the purchase; (2) the name and address of the person from whom the unused merchandise was acquired; (3) a description of the unused merchandise purchased, including any specific lot numbers or other identifying characteristics; (4) the amount paid for the unused merchandise; and (5) the signature of the buyer and the seller of the unused merchandise. B. It is a violation of the Unused Merchandise Ownership Protection Act for a person to knowingly: (1) falsify, obliterate or destroy any receipt required to be kept pursuant to this section; (2) at the request of a police officer, as defined in Section 29-7-7 NMSA 1978, fail or refuse to produce any receipt required to be kept pursuant to this section; and (3) fail to maintain any receipt as required by this section. History: Laws 1999, ch. 247, § 4. ANNOTATIONSEffective dates. — Laws 1999, ch. 247, § 7, makes the Unused Merchandise Ownership Protection Act effective on July 1, 1999.
NM Stat § 57-9A-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 9A - Unused Merchandise Ownership Protection|Section 57-9A-5 - Exemptions.

A. The following persons are exempt from the provisions of the Unused Merchandise Ownership Protection Act: (1) a vendor at an event organized or operated for religious, educational, charitable or other nonprofit purposes if no part of any admission fee or parking fee charged vendors or prospective purchasers and no part of the gross receipts or net earnings from the sale of merchandise at the event is paid to a private person for participating in the organization or operation of the event; (2) a vendor at an industry or association trade show; (3) a vendor at an event at which all of the merchandise offered for sale is new and at which all vendors are manufacturers or authorized representatives of manufacturers or distributors; and (4) a vendor selling by sample, catalog or brochure for future delivery. B. The requirements of the Unused Merchandise Ownership Protection Act do not apply to sales or offers for sale of the following unused merchandise: (1) firewood, sand, gravel, flagstone, building stone or other natural product; (2) live animals; (3) vehicles subject to registration pursuant to Section 66-3-1 NMSA 1978; (4) food intended for human consumption at the open market immediately after sale; (5) merchandise offered for sale as an antique or otherwise historical item and, although never used, the style, packaging, material or appearance of which clearly indicates that the merchandise was not produced or manufactured within recent times; (6) food offered for sale that was grown, harvested or processed by the vendor or the grower; (7) art, crafts or handicrafts that were produced by the vendor or the grower; and (8) fresh produce. History: Laws 1999, ch. 247, § 5. ANNOTATIONSEffective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
NM Stat § 57-9A-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 9A - Unused Merchandise Ownership Protection|Section 57-9A-6 - Penalties.

A person who violates any provision of the Unused Merchandise Ownership Protection Act is guilty of a misdemeanor and shall be sentenced in accordance with Section 31-19-1 NMSA 1978. History: Laws 1999, ch. 247, § 6. ANNOTATIONSEffective dates. — Laws 1999, ch. 247, § 7, made the Unused Merchandise Ownership Protection Act effective July 1, 1999.
NM Stat § 57-10-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-1 - Short title.

This act [57-10-1 to 57-10-12 NMSA 1978] may be cited as the "Distress Sales Act". History: 1953 Comp., § 49-14-1, enacted by Laws 1967, ch. 205, § 1.
NM Stat § 57-10-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-2 - Definitions.

As used in the Distress Sales Act: A. "distress merchandise sale" shall mean any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Distress merchandise sales shall include but are not limited to any sale advertised either specifically or in substance as a "fire sale," "smoke and water damage sale," "adjustment sale," "liquidation sale," "creditor's sale," "insolvent sale," "trustee's sale," "bankrupt sale," "save us from bankruptcy sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "must vacate sale," "quitting business sale," "receiver's sale," "loss of lease sale," "forced out of business sale," "removal sale," "change of ownership sale" or "new location sale." B. "person" means any individual, estate, trust, receiver, cooperative association, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity. History: 1953 Comp., § 49-14-2, enacted by Laws 1967, ch. 205, § 2.
NM Stat § 57-10-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-3 - Licenses.

It shall be unlawful for any person to advertise or conduct a distress merchandise sale without having first obtained a license to do so in accordance with the provisions of the Distress Sales Act. History: 1953 Comp., § 49-14-3, enacted by Laws 1967, ch. 205, § 3.
NM Stat § 57-10-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-4 - Application for license.

Any person desiring to conduct a distress merchandise sale shall make a written application verified under oath to the municipal governing body if the sale is to be held within the boundaries of an incorporated municipality or to the county governing body if the sale is to be held outside the boundaries of an incorporated municipality, at least fifteen days prior to the date on which the sale is to commence unless the merchandise to be sold consists of perishable goods, or goods damaged by smoke, fire or water in which case the fifteen-day time period will not be applicable. Each application shall contain the following information and such other information as the municipal or county governing body shall require: A. the name and address of the owner of the goods, wares or merchandise to be sold; B. a description of the place where such sale is to be held; C. the nature of the occupancy of the place where such sale is to be held, whether by lease or otherwise, and the effective date of the termination of the occupancy of the premises; D. the commencement and termination dates of the distress merchandise sale; E. a full and complete statement of the facts regarding the reasons why the distress merchandise sale is being conducted, the manner in which the sale is to be conducted, the means to be employed in advertising the sale, together with the content of any proposed advertisement or advertising themes, or copies thereof; F. if a defunct business is involved, the name and address of the defunct business, and the owner or former owner thereof; G. a complete and detailed inventory of the goods, wares and merchandise including goods received on consignment to be offered at the distress merchandise sale, the terms and conditions of the acquisition of the property, the amount and description of the goods, wares or merchandise to be sold and the location of the goods, wares and merchandise at the time of the filing of the application; H. a statement that the applicant has not in contemplation of the distress merchandise sale ordered, purchased or received on consignment any goods, wares or merchandise for the purpose of selling them at the sale within ninety days prior to the filing of the application; I. a statement that no goods will be added to the inventory after the application is made or during the sale; J. a statement that the applicant or its principal officers or agents have not been convicted of a violation of the Distress Sales Act or had a license issued under this act revoked within five years of the filing of this application. History: 1953 Comp., § 49-14-4, enacted by Laws 1967, ch. 205, § 4.
NM Stat § 57-10-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-5 - Examination and investigation; grounds for denial of license.

The municipal or county governing body may upon the filing of an application investigate the applicant and examine his affairs in relation to the proposed sale and may examine the inventory and records of the applicant. No license shall be issued if it is found that: A. the applicant has held a sale subject to regulation under the Distress Sales Act at the location described in the application, within three years from the date of the application; or B. the application states that the applicant or any of its principal officers or agents have been convicted of a violation of the Distress Sales Act or has had a license issued under this act revoked within five years of the filing of this application; or C. the inventory submitted with the application includes goods, wares or merchandise purchased or held on consignment by the applicant or added to his stock in contemplation of such sale and for the purpose of selling the stock at the distress sale. Any unusual addition to the stock of goods, wares or merchandise which is made within ninety days prior to the filing of the application shall be prima facie evidence that the addition was made in contemplation of the sale and for the purpose of selling the goods at the sale; or D. the applicant, in ticketing the goods, wares or merchandise for sale has misrepresented the original retail price or value thereof; or E. the advertisement or advertising themes are false, fraudulent, deceptive or misleading in any respect; or F. the sales methods to be used by the applicant in conducting the sale will work a fraud upon the purchasers; or G. the information set forth in the application is insufficient; or H. representations made in the application are false; or I. the applicant has acquired bankrupt stock or other distress sale merchandise from another area within six months of the application. History: 1953 Comp., § 49-14-5, enacted by Laws 1967, ch. 205, § 5.
NM Stat § 57-10-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-6 - Issuance of license; conditions.

If the application which has been submitted complies with the provisions of the Distress Sales Act and if the required license fee has been paid, the municipal or county governing body shall issue the applicant a license to advertise and conduct the sale described in the application subject to the following conditions: A. the sale shall be held at the place named in the application; B. the sale shall be held by the licensee for a period of not more than ninety days following the date set forth in the license; C. only goods, wares and merchandise included in the inventory attached to the application shall be displayed on the premises and sold at the sale; D. the license shall be prominently displayed at the location of the sale at all times; E. the licensee shall keep suitable books at the sale location which shall be open for inspection by the municipal or county governing body during normal business hours. History: 1953 Comp., § 49-14-6, enacted by Laws 1967, ch. 205, § 6.
NM Stat § 57-10-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-7 - License fee; renewal.

A. The fee for any license issued pursuant to the Distress Sales Act shall be fifty dollars ($50.00) or 1/4 of 1% of the inventory cost value of the goods, wares or merchandise to be sold at the sale, whichever is more. In no case, however, shall the license fee exceed two hundred dollars ($200). B. If during the period that the license is in effect it appears to the municipal or county governing body that all of the goods in the original inventory have not been sold, the municipal or county governing body may upon application and for good cause shown extend the license for a period not to exceed thirty days. History: 1953 Comp., § 49-14-7, enacted by Laws 1967, ch. 205, § 7.
NM Stat § 57-10-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-8 - Revocation of license.

The municipal or county governing body shall revoke any license issued pursuant to the Distress Sales Act if he finds that the license has: A. violated any provision of the Distress Sales Act; or B. violated any condition of the license; or C. made any material misstatement in the application for the license; or D. failed to include in the inventory required by the Distress Sales Act all the goods, wares or merchandise being offered for sale; or E. offered or permitted to be offered at the sale any goods, wares or merchandise not included in the inventory attached to the application; or F. failed to keep suitable records of the sale; or G. made or permitted to be made any false or misleading statements or representations in advertising the sale or in displaying, ticketing or pricing goods, wares or merchandise offered for sale; or H. been guilty of any fraudulent practice in the conduct of the sale authorized by the license. History: 1953 Comp., § 49-14-8, enacted by Laws 1967, ch. 205, § 8.
NM Stat § 57-10-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-9 - Confidentiality requirements.

The filing of an application for a license, the contents of the application and the issuance of the license shall be confidential information and no disclosure thereof shall be made except that which is necessary in the administration of this act [57-10-1 to 57-10-12 NMSA 1978]. However, disclosure of the above-mentioned information may be made with the consent of the applicant. The filing of the application and the issuance of the license shall not be confidential after public notice of the proposed sale has been given by the applicant. History: 1953 Comp., § 49-14-9, enacted by Laws 1967, ch. 205, § 9.
NM Stat § 57-10-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-10 - Applicability of Distress Sales Act.

A. The Distress Sales Act shall not apply to any sale conducted by a public officer as a part of his official duties, to any sale for which an accounting must be made to a court of law or to any sale conducted pursuant to an order of a court of law. B. The Distress Sales Act does not apply to seasonal sales, clearance sales or similar special sales of nondistress merchandise. History: 1953 Comp., § 49-14-10, enacted by Laws 1967, ch. 205, § 10.
NM Stat § 57-10-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-11 - Penalty.

Any person violating any provision of the Distress Sales Act shall upon conviction be punished by a fine not to exceed three hundred dollars ($300) or by imprisonment not to exceed ninety days or both. History: 1953 Comp., § 49-14-11, enacted by Laws 1967, ch. 205, § 11.
NM Stat § 57-10-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 10 - Distress Sales|Section 57-10-12 - Distribution of fees.

The license fees collected under the Distress Sales Act, shall be deposited in the general fund of the county, city, town or village which has issued the license for the distress sale. History: 1953 Comp., § 49-14-12, enacted by Laws 1967, ch. 205, § 14.
NM Stat § 57-11-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-1 - [Agreements restricting financing of sales to certain persons prohibited.]

It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to sell or enter into a contract to sell motor vehicles, whether patented or unpatented, to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that such person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles or any one or number thereof only to a designated person or class of persons, when the effect of the condition, agreement or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles or to purchase such conditional sales contracts, chattel mortgages or leases, and any such condition, agreement or understanding is hereby declared to be void and against the public policy of this state. History: Laws 1937, ch. 75, § 1; 1941 Comp., § 68-1601; 1953 Comp., § 64-31-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For provision declaring it unlawful to require dealer to provide installment financing with specified financial institution, see 57-16-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 781 et seq. 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. 58 C.J.S. Monopolies §§ 95, 97, 173.
NM Stat § 57-11-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-2 - [Threat of refusal to sell unless sales financed by certain persons; prima facie evidence of violation.]

Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that such person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, whether patented or unpatented, to such person who is so engaged in the business of selling motor vehicles at retail, unless such person finances the purchase or sale of any one or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sales of motor vehicles or any one or number thereof only to a designated motor vehicles or any one or any number thereof [sic] only to such person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell the same on condition or with the agreement or understanding prohibited in Section 1 [57-11-1 NMSA 1978] of this act. History: Laws 1937, ch. 75, § 2; 1941 Comp., § 68-1602; 1953 Comp., § 64-31-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.