reglab/housing_qa huggingface dataset:
NM Stat § 57-25-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 25 - Carnival Ride Insurance|Section 57-25-4 - Penalty.

A. The department or its authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined that the owner or operator has not acquired a policy of insurance or has not maintained inspections of his carnival rides. The operation of the ride shall not resume until the requisite insurance is in effect, inspections have been made and the requisite certificates have been filed with the department and the local government entity. B. The department may appear in its own name in the district court of Santa Fe county or any other county having jurisdiction to prevent violations or to enforce the provisions of the Carnival Ride Insurance Act, the orders, rules and regulations, codes and minimum standards made pursuant to this act by injunction, mandamus or any other proper legal proceeding without bond, including an order not to move the carnival ride. C. The local law enforcement agency shall have the authority to enforce the provisions of the Carnival Ride Insurance Act. Any person who does not maintain liability insurance on a carnival ride, operates a carnival ride or authorizes the operation of a carnival ride that does not have insurance, does not annually have his carnival rides inspected or does not file the proper certificates as set forth in the Carnival Ride Insurance Act is guilty of a misdemeanor and upon conviction the court shall impose a fine of up to one thousand dollars ($1,000) a day for the operation of each ride. History: Laws 1993, ch. 284, § 4.
NM Stat § 57-25-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 25 - Carnival Ride Insurance|Section 57-25-5 - Liability; limitations.

No provision of the Carnival Ride Insurance Act shall be construed to place any liability on the state or on the department with respect to any claim by any person, firm or corporation relating to a carnival ride or to any injury or damages arising from a carnival ride. History: Laws 1993, ch. 284, § 5.
NM Stat § 57-25-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 25 - Carnival Ride Insurance|Section 57-25-6 - Exemptions.

The provisions of the Carnival Ride Insurance Act shall not apply to nonprofit organizations that own and operate a carnival ride ten days or less each year. History: Laws 1993, ch. 284, § 6.
NM Stat § 57-26-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-1 - Short title.

Sections 1 through 12 [57-26-1 to 57-26-12 NMSA 1978] of this act may be cited as the "Rental-Purchase Agreement Act". History: Laws 1995, ch. 38, § 1.
NM Stat § 57-26-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-2 - Definitions.

As used in the Rental-Purchase Agreement Act: A. "advertisement" means a commercial message in any medium that solicits a consumer to enter a rental-purchase agreement; B. "cash sale price" means the price stated in a rental-purchase agreement for which the lessor would have sold and the consumer would have bought the goods that are the subject matter of a rental-purchase agreement if the transaction had been a sale for cash and may include any taxes and charges for delivery, installation, servicing, repairs, alterations or improvements; C. "consumer" means an individual who rents goods under a rental-purchase agreement to be used primarily for personal, family or household purposes; D. "consummation" means the date on which a consumer enters a rental-purchase agreement; E. "goods" means personal property of which a consumer acquires use under a rental-purchase agreement; F. "lessor" means a person who regularly provides the use of goods under rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement; and G. "rental-purchase agreement" means an agreement for the use of goods by an individual for personal, family or household purposes, for an initial period of four months or less, that is automatically renewable with each payment after the initial period, that does not obligate or require the consumer to continue renting or using the goods beyond the initial period and that permits the consumer to become the owner of the goods. History: Laws 1995, ch. 38, § 2.
NM Stat § 57-26-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-3 - Exempted transactions; relationship to other laws.

A. The Rental-Purchase Agreement Act does not apply to the following: (1) rental-purchase agreements made primarily for business, commercial or agricultural purposes; (2) a lease of a safe deposit box; (3) a lease or bailment of personal property that is incidental to the lease of real property and provides that the consumer has no option to purchase the leased property; (4) a lease of a "motor vehicle", as defined in Subsection C of Section 56-1-1 NMSA 1978; or (5) a lease of a "mobile home", as defined in Subsection D of Section 56-1-1 NMSA 1978. B. Rental-purchase agreements are not governed by the provisions of: (1) the Uniform Commercial Code [Chapter 55 NMSA 1978]; (2) Chapter 56, Articles 1 and 8 NMSA 1978; or (3) Chapter 58, Article 15 NMSA 1978. History: Laws 1995, ch. 38, § 3.
NM Stat § 57-26-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-4 - General requirements of rental-purchase agreements.

A. Each rental-purchase agreement shall be in writing, dated, signed by the consumer and lessor and completed as to all essential provisions. B. The printed or typed portion of the rental-purchase agreement, other than instructions for completion, shall be in a size equal to at least eight-point type. The rental-purchase agreement shall be designated "rental-purchase agreement". C. The lessor shall deliver to the consumer, or mail to him at his address shown on the rental-purchase agreement, a copy of the agreement as accepted by the consumer. Until the lessor does so, a consumer who has not received delivery of the rented goods shall have the right to rescind his rental-purchase agreement and receive a refund of all payments made. An acknowledgment by the consumer of delivery of a copy of the rental-purchase agreement shall be in a size equal to at least ten-point bold type and, if contained in the agreement, shall appear directly above the consumer's signature. D. The rental-purchase agreement shall contain the names of the lessor and consumer, the lessor's business address and the residence or other address of the consumer as specified by the consumer. E. The lessor shall disclose to the consumer the information required by Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act on the face of the rental-purchase agreement above the line for the consumer's signature. The disclosures shall be made at or before consummation of the rental-purchase agreement. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures. If a disclosure becomes inaccurate as a result of any act, occurrence or any agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of the Rental-Purchase Agreement Act. F. A lessor who provides an advertisement in any language other than English shall have rental-purchase agreements printed in each non-English language of the advertisement and shall make those rental-purchase agreements available to consumers. History: Laws 1995, ch. 38, § 4.
NM Stat § 57-26-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-6 - Prohibited provisions.

A rental-purchase agreement shall not contain: A. a confession of judgment; B. a negotiable instrument; C. a security interest or any other claim of a property interest in any property of the consumer; D. a wage assignment; E. a waiver by the consumer of claims or defenses; F. a provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises unlawfully or to commit any breach of the peace in the repossession of goods; G. a provision requiring the purchase of insurance or a liability damage waiver from the lessor for goods that are the subject of the rental-purchase agreement; H. a provision that mere failure to return goods constitutes probable cause for a criminal action; I. a provision requiring the consumer to make a payment in addition to regular periodic payments in order to acquire ownership of the goods or a provision requiring the consumer to make periodic payments totaling more than the dollar amount necessary to acquire ownership as disclosed pursuant to Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act; J. a provision for more than one reinstatement fee on any one periodic payment, regardless of the period of time during which it remains unpaid; or K. a provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement, other than a reinstatement fee; however, a lessor may use the term "late charge" or a similar term to refer to a reinstatement fee. History: Laws 1995, ch. 38, § 6.
NM Stat § 57-26-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-7 - Reinstatement.

A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement without losing any rights or options that exist under the agreement by the payment of the following charges within five days of the renewal date of an agreement with monthly periodic payments or within two days of the renewal date of an agreement requiring periodic payments more frequently than monthly: (1) all past due rental charges; (2) if the goods have been picked up, the reasonable costs of pickup and redelivery; and (3) any applicable reinstatement fee. B. If a consumer has paid less than two-thirds of the total of payments necessary to acquire ownership of the goods and has returned or voluntarily surrendered the goods within seven days of the renewal date, other than through judicial process, the consumer may reinstate the rental-purchase agreement during a period of not less than twenty-one days after the date of the return of the goods. C. If a consumer has paid two-thirds or more of the total of payments necessary to acquire ownership of the goods and has returned or voluntarily surrendered the goods within seven days of the renewal date, other than through judicial process, the consumer may reinstate the rental-purchase agreement during a period of not less than thirty days after the date of the return of the goods. D. Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same goods, if available, or with substitute goods of comparable quality and condition. History: Laws 1995, ch. 38, § 7.
NM Stat § 57-26-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-8 - Receipts.

Upon request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made. History: Laws 1995, ch. 38, § 8.
NM Stat § 57-26-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-9 - Renegotiations and extensions.

A. A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act is changed by agreement between the lessor and consumer. A renegotiation creates a new rental-purchase agreement requiring the lessor to give all the disclosures required by Section 5 of the Rental-Purchase Agreement Act. B. A renegotiation shall not include: (1) reinstatement of a rental-purchase agreement in accordance with Section 7 [57-26-7 NMSA 1978] of the Rental-Purchase Agreement Act; (2) a lessor's waiver or failure to assert any claim against the consumer; (3) a deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments; or (4) a change, made at the consumer's request, of the day of the week or month on which periodic payments are to be made. History: Laws 1995, ch. 38, § 9.
NM Stat § 57-26-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-10 - Advertising.

A. An advertisement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state: (1) that the transaction advertised is a rental-purchase agreement; (2) the total number and total amount of periodic payments necessary to acquire ownership of the item; and (3) that the consumer acquires no ownership rights in the item unless the total amount necessary to acquire is paid. B. Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable for failure to comply with the provisions of this section. C. The provisions of Subsection A of this section shall not apply to an advertisement that does not refer to or state the amount of any payment or that is published in the yellow pages of a telephone directory or in any similar directory of business. D. Every item displayed or offered under a rental-purchase agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals each of the following: (1) the cash price of the item; (2) the amount of the periodic payment; and (3) the total number and total amount of periodic payments necessary to acquire ownership. E. An advertisement in any language other than English shall contain disclosures as required by this section in the non-English language. History: Laws 1995, ch. 38, § 10.
NM Stat § 57-26-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-11 - Enforcement; remedies; limitations.

A. A lessor who fails to comply with the requirements of the Rental-Purchase Agreement Act is liable to the consumer damaged thereby in an amount equal to: (1) the greater of the actual damages sustained by the consumer as a result of the lessor's failure to comply or twenty-five percent of the total of payments necessary to acquire ownership, but not less than one hundred dollars ($100) or more than one thousand dollars ($1,000); and (2) the costs of the action and reasonable attorneys' fees as determined by the court. B. A consumer may not take any action to offset the amount for which a lessor is potentially liable under Subsection A of this section against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a consumer then in default on an obligation from asserting a violation of the Rental-Purchase Agreement Act as an original action or as a defense or counterclaim to an action brought by a lessor against the consumer. C. The remedies of a consumer, pursuant to the provisions of this section, are in addition to any other rights or remedies available to a consumer pursuant to applicable laws or regulations. D. No action under this section may be brought in any court of competent jurisdiction more than one year after the date the consumer made his last rental payment or more than one year after the date of the occurrence of the violation that is the subject of the suit, whichever is later. History: Laws 1995, ch. 38, § 11.
NM Stat § 57-26-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 26 - Rental-Purchase Agreements|Section 57-26-12 - Lessor's defenses.

A. If a lessor establishes by a preponderance of evidence that a violation of the Rental-Purchase Agreement Act was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors, the lessor shall not be subject to the provisions of Section 11 [57-26-11 NMSA 1978] of the Rental-Purchase Agreement Act and the validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors, but do not include errors of legal judgment with respect to a lessor's obligations under the Rental-Purchase Agreement Act. B. A lessor is not subject to the provisions of Section 11 of the Rental-Purchase Agreement Act if, within sixty days after discovering a failure to comply with a requirement of the Rental-Purchase Agreement Act and prior to the institution of an action for noncompliance and prior to the receipt of written notice of the noncompliance from the consumer, the lessor notifies the consumer of the noncompliance and makes whatever adjustments in the appropriate account are necessary to correct the noncompliance. C. No provision of Section 11 of the Rental-Purchase Agreement Act applies to any action done or omitted in good faith in conformity with some provision of that act, notwithstanding that after the action or omission has occurred the provision is amended, rescinded or determined by judicial or other competent authority to be invalid for any reason. History: Laws 1995, ch. 38, § 12.
NM Stat § 57-27-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 27 - Assistive Device Lemon Law|Section 57-27-1 - Short title.

This act [57-27-1 to 57-27-5 NMSA 1978] may be cited as the "Assistive Device Lemon Law". History: Laws 1998, ch. 29, § 1.
NM Stat § 57-27-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 27 - Assistive Device Lemon Law|Section 57-27-4 - Attorney general rules; arbitration.

The attorney general may adopt and promulgate rules necessary to carry out the provisions of the Assistive Device Lemon Law, including rules concerning arbitration of disputes arising from nonconforming assistive devices and failures to comply with the Assistive Device Lemon Law. History: Laws 1998, ch. 29, § 4.
NM Stat § 57-27-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 27 - Assistive Device Lemon Law|Section 57-27-5 - Consumer rights; actions; treble damages.

A. This section shall not be construed to limit rights and remedies available to a consumer under any other law. B. In addition to pursuing any other remedy, a consumer may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater. Where the trier of fact finds that the party charged with a violation of the Assistive Device Lemon Law has willfully engaged in the violation, the court may award up to three times actual damages or three hundred dollars ($300), whichever is greater, to the party complaining of the violation. C. The court shall award attorney fees and costs to the party complaining of a violation of the Assistive Device Lemon Law if he prevails. The court shall award attorney fees and costs to the party charged with a violation of the Assistive Device Lemon Law if it finds that the party complaining of the violation brought an action that was an action that is frivolous or brought in bad faith. D. In any class action filed under this section, the court may award damages to the named plaintiffs as provided in Subsection B of this section and may award members of the class such actual damages as were suffered by each member of the class as a result of a violation of the Assistive Device Lemon Law. History: Laws 1998, ch. 29, § 5.
NM Stat § 57-28-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-1 - Short title.

Chapter 57, Article 28 NMSA 1978 may be cited as the "Prompt Payment Act". History: Laws 2001, ch. 68, § 1; 2007, ch. 213, § 1. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed the title of the act from the "Retainage Act" to the "Prompt Payment Act" and the statutory reference to the act.
NM Stat § 57-28-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-2 - Definitions

As used in the Prompt Payment Act: A. "construction" means building, altering, repairing, installing or demolishing in the ordinary course of business any: (1) road, highway, bridge, parking area or related project; (2) building, stadium or other structure; (3) airport, subway or similar facility; (4) park, trail, athletic field, golf course or similar facility; (5) dam, reservoir, canal, ditch or similar facility; (6) sewage or water treatment facility, power generating plant, pump station, natural gas compression station or similar facility; (7) sewage, water, gas or other pipeline; (8) transmission line; (9) radio, television or other tower; (10) water, oil or other storage tank; (11) shaft, tunnel or other mining appurtenance; (12) electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditions; (13) air conditioning conduit, heating or other similar mechanical work; (14) leveling or clearing land; (15) excavating earth; (16) drilling wells of any type, including seismographic shot holes or core drilling; and (17) similar work, structures or installations; B. "contractor" means a person performing construction through a contract with an owner; C. "owner" means a person, local public body or state agency other than the department of transportation; D. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or similar legal entity; and E. "subcontractor" means a person performing construction for the owner not through a contract with the owner. History: Laws 2001, ch. 68, § 2; 2007, ch. 213, § 2. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed the title of the act and eliminates the definition of "retainage".
NM Stat § 57-28-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-3 - Applicability of act.

The provisions of the Prompt Payment Act do not apply to construction contracts for residential property containing four or fewer dwelling units. History: Laws 2001, ch. 68, § 3; 2007, ch. 213, § 3. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed the title of the act.
NM Stat § 57-28-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-4 - Repealed.

History: Laws 2001, ch. 68, § 4; repealed by Laws 2007, ch. 213, § 6.ANNOTATIONSRepeals. — Laws 2007, ch. 213, § 6 repealed 57-28-4 NMSA 1978, as enacted by Laws 2001, ch. 68, § 4, relating to retainage in absence of escrow agreement, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 57-28-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 28 - Retainage|Section 57-28-6 - Repealed.

History: Laws 2001, ch. 68, § 6; repealed by Laws 2007, ch. 213, § 6.ANNOTATIONSRepeals. — Laws 2007, ch. 213, § 6 repealed 57-28-6 NMSA 1978, as enacted by Laws 2001, ch. 68, § 6, relating to escrow accounts, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.