reglab/housing_qa huggingface dataset:
NM Stat § 57-11-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-3 - [Threat to terminate contract 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, or any agent of any person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that such person so engaged in the manufacture or distribution shall terminate his contract with or cease to sell motor vehicles to such person engaged in the sale of motor vehicles at retail in this state unless such person finances the purchase or sale of any one or number of motor vehicles only 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 sale of [motor vehicles or any one or any number thereof only to such per]son so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of such person so engaged in such manufacture or distribution of motor vehicles, and 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 the condition or with the agreement or understanding prohibited in Section 1 [57-11-1 NMSA 1978] of this act. History: Laws 1937, ch. 75, § 3; 1941 Comp., § 68-1603; 1953 Comp., § 64-31-3. ANNOTATIONSBracketed material. — The bracketed words near the middle of the section were inserted by the compiler, as they were missing from Laws 1937, ch. 75, § 3. They were not enacted by the legislature and are not part of the law.
NM Stat § 57-11-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-4 - [Payments to eliminate competition or create monopoly in financing sales prohibited.]

It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, to pay or give, or contract to pay or give anything or service of value to any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state if the effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to create or create a monopoly in the person or class of persons who receive or accept such thing or service of value. History: Laws 1937, ch. 75, § 4; 1941 Comp., § 68-1604; 1953 Comp., § 64-31-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-5 - [Acceptance by persons engaged in financing sales of payments tending to eliminate competition prohibited.]

It shall be unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing or service of value from any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution only of motor vehicles, whether patented or unpatented, if the effect of the acceptance or receipt of any such payment, thing or service of value may be to lessen or eliminate competition, or to create or tend to create a monopoly in the person who accepts or receives such payment, thing or service of value, or contracts or agrees to accept or receive the same. History: Laws 1937, ch. 75, § 5; 1941 Comp., § 68-1605; 1953 Comp., § 64-31-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-6 - [Violators of 57-11-5 NMSA 1978 forbidden to carry on business.]

It shall be unlawful for any person who hereafter so accepts or receives, either directly or indirectly, any payment, thing or service of value, as set forth in Section 5 [57-11-5 NMSA 1978] of this act, or hereafter so contracts, either directly or indirectly, to receive any such payment or thing or service of value to thereafter finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this state. History: Laws 1937, ch. 75, § 6; 1941 Comp., § 68-1606; 1953 Comp., § 64-31-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-7 - [Suits or proceedings against violators of act.]

For a violation of any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978] by any corporation or association mentioned herein, it shall be the duty of the attorney general or the district attorney of the proper county, to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the same under the general statutes of the state. History: Laws 1937, ch. 75, § 7; 1941 Comp., § 68-1607; 1953 Comp., § 64-31-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For proceedings in quo warranto, generally, see 44-3-1 to 44-3-16 NMSA 1978.
NM Stat § 57-11-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-8 - [Foreign corporations as violators of act; revocation of license to do business in state.]

Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises or functions of a corporation in this state, violating any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978], is hereby denied the right [of] and prohibited from doing any business in this state, and it shall be the duty of the attorney general to enforce this provision by bringing proper proceedings by injunction or otherwise. The secretary of the state shall be authorized to revoke the license of any such corporation or association heretofore authorized by him to do business in this state. History: Laws 1937, ch. 75, § 8; 1941 Comp., § 68-1608; 1953 Comp., § 64-31-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-9 - [Penalties.]

Any person who violates any of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978], any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this act, and any employee, agent or officer of any such person who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding or abetting in the performance of any such contract, condition, agreement or understanding and any person who pays or gives or contracts to pay or give anything or service of value prohibited by this act, and any person who receives or accepts or contracts to receive or accept anything or service of value prohibited by this act, shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not less than $50 [fifty dollars ($50.00)] nor more than $5,000 [five thousand dollars ($5,000)] or be imprisoned not less than six months nor more than one year, or by both such fine and imprisonment. Each day's violation of this provision shall constitute a separate offense. History: Laws 1937, ch. 75, § 9; 1941 Comp., § 68-1609; 1953 Comp., § 64-31-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-10 - [Contract in violation of act void.]

Any contract or agreement in violation of the provisions of this act [57-11-1 to 57-11-13 NMSA 1978] shall be absolutely void and shall not be enforceable either in law or equity. History: Laws 1937, ch. 75, § 10; 1941 Comp., § 68-1610; 1953 Comp., § 64-31-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-11 - [Provisions of act cumulative.]

The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state. History: Laws 1937, ch. 75, § 11; 1941 Comp., § 68-1611; 1953 Comp., § 64-31-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-12 - [Action for damages by violation of act.]

In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this act [57-11-1 to 57-11-13 NMSA 1978], may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover twofold the damages by him sustained, and the costs of suit. Whenever it shall appear to the court before which any proceedings under this act is [are] pending, that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where such action is pending, or not. History: Laws 1937, ch. 75, § 12; 1941 Comp., § 68-1612; 1953 Comp., § 64-31-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-11-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 11 - Financing of Automobile Sales|Section 57-11-13 - [Definitions.]

A. The term "person," as used in this act [57-11-1 to 57-11-13 NMSA 1978], means any individual, firm, corporation, partnership, association, trustee, receiver or assignee for the benefit of creditors. B. The terms "sell," "sold," "buy" and "purchase," as used in this act, include exchange, barter, gift and offer or contract to sell or buy. History: Laws 1937, ch. 75, § 13; 1941 Comp., § 68-1613; 1953 Comp., § 64-31-13.
NM Stat § 57-12-3.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-3.1 - Unauthorized use of delivery container prohibited.

A. It shall be an unlawful practice within the meaning of the Unfair Practices Act for any person to: (1) remove the owner's container from the owner's or a recipient's premises or parking area without the permission of the owner or recipient; (2) possess or use the owner's container if it has been removed from the owner's or recipient's premises or parking area without the permission of the owner or recipient; (3) alter, convert, destroy or tamper with the owner's container without permission of the owner or recipient; or (4) sell the owner's container to or purchase the owner's container from someone other than the owner without the permission of the owner. B. As used in this section: (1) "bakery rack" means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products; (2) "bakery tray" means a wire or plastic receptacle that holds bread, buns or other baked goods and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products; (3) "container" means a bakery rack, bakery tray, dairy case, egg basket, poultry box, shopping cart or pallet; (4) "dairy case" means a plastic receptacle that holds sixteen quarts or more of beverage and that is used by a dairy, distributor or retailer or its agent as a means to transport, store or carry dairy products; (5) "pallet" means a wooden or plastic base that allows stacks of merchandise to be placed upon it and that provides a space and support beneath the stack for forklift handling; (6) "parking area" means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment; (7) "poultry box" means a permanent type of container that is used by a processor, distributor, retailer or food service establishment or an agent of one of those persons to transport, store or carry poultry; (8) "recipient" means a person, firm, corporation or association that is authorized by the owner to use an owner's container; and (9) "shopping cart" means a basket that is mounted on wheels, or a similar device, that is generally used in a retail establishment by a customer to transport goods of any kind. C. No civil action shall be maintained pursuant to this section against any person who returns to its owner within sixty days after the effective date of this section a container that was unlawfully obtained. History: Laws 1991, ch. 28, § 1.
NM Stat § 57-12-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-4 - Interpretation.

It is the intent of the legislature that in construing Section 3 [57-12-3 NMSA 1978] of the Unfair Practices Act the courts to the extent possible will be guided by the interpretations given by the federal trade commission and the federal courts. History: 1953 Comp., § 49-15-4, enacted by Laws 1967, ch. 268, § 4. ANNOTATIONSFederal court definitions inapplicable to terms defined in Section 57-12-2 NMSA 1978. — Since 57-12-2 NMSA 1978 defines both "unfair or deceptive" and "unconscionable" trade practices, relying on this section to apply federal court definitions of those terms would not be giving effect to the statute. Richardson Ford Sales, Inc. v. Johnson, 1984-NMCA-007, 100 N.M. 779, 676 P.2d 1344.
NM Stat § 57-12-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-5 - Chain referral sales technique; prohibited.

The use or employment of any chain referral sales technique, plan, arrangement or agreement whereby the buyer is induced to purchase merchandise or services upon the seller's representation or promise that if the buyer will furnish the seller names of other prospective buyers of like or identical merchandise that the seller will contact the named prospective buyers and the buyer will receive a reduction in the purchase price by means of a cash rebate, commission, credit toward balance due or any other consideration, is declared to be an unlawful practice within the meaning of the Unfair Practices Act. History: 1953 Comp., § 49-15-5, enacted by Laws 1967, ch. 268, § 5.
NM Stat § 57-12-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-8 - Restraint of prohibited acts; remedies for violations.

A. Whenever the attorney general has reasonable belief that any person is using, has used or is about to use any method, act or practice which is declared by the Unfair Practices Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the state alleging violations of the Unfair Practices Act. The action may be brought in the district court of the county in which the person resides or has his principal place of business or in the district court in any county in which the person is using, has used or is about to use the practice which has been alleged to be unlawful under the Unfair Practices Act. The attorney general acting on behalf of the state of New Mexico shall not be required to post bond when seeking a temporary or permanent injunction in such action. B. In any action filed pursuant to the Unfair Practices Act, including an action with respect to unimproved real property, the attorney general may petition the district court for temporary or permanent injunctive relief and restitution. History: 1953 Comp., § 49-15-7, enacted by Laws 1967, ch. 268, § 7; 1970, ch. 38, § 1; 1977, ch. 181, § 1.
NM Stat § 57-12-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-9 - Settlements.

A. In lieu of beginning or continuing an action pursuant to the Unfair Practices Act, the attorney general may accept a written assurance of discontinuance of any practice in violation of the Unfair Practices Act from the person who has engaged in the unlawful practice. The attorney general may require an agreement by the person engaged in the unlawful practice that, by a date set by the attorney general and stated in the assurance, he will make restitution to all persons of money, property or other things received from them in any transaction related to the unlawful practice. All settlements are a matter of public record but are not admissible against any defendant in any action brought by any other person or public body against such defendant under the Unfair Practices Act and do not constitute a basis for the introduction of the assurance of discontinuance as prima facie evidence against such defendant in any action or proceeding. B. A person need not accept restitution pursuant to an assurance. His acceptance of restitution bars recovery of any damages in any action by him or on his behalf against the same defendant on account of the same unlawful practice. C. A violation of an assurance entered into pursuant to this section is a violation of the Unfair Practices Act. History: 1953 Comp., § 49-15-7.1, enacted by Laws 1971, ch. 240, § 3; 1977, ch. 181, § 2. ANNOTATIONSRight to indemnification. — Although it was unclear whether the terms of a settlement between the state and a homebuilder included assessment of a civil penalty or whether the builder agreed to repair the homes in exchange for the attorney general dropping the charges, to the extent the settlement did not include civil penalties, the builder could seek indemnification against the supplier of inadequate building materials. Amrep S.W., Inc. v. Shollenbarger Wood Treating, Inc., 1995-NMSC-020, 119 N.M. 542, 893 P.2d 438. Law reviews. — For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973).
NM Stat § 57-12-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-11 - Civil penalty.

In any action brought under Section 57-12-8 NMSA 1978, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Unfair Practices Act, the attorney general, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty of not exceeding five thousand dollars ($5,000) per violation. History: 1953 Comp., § 49-15-9, enacted by Laws 1970, ch. 38, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1970, ch. 38, § 2, repeals 49-15-9, 1953 Comp., relating to the civil penalty for violation of Sections 3 and 5 of the act, and enacts the above section. Willfully defined. — The legislature contemplated proof of some culpable mental state to demonstrate "willfully", as set forth in 57-12-11 NMSA 1978; willful conduct is the intentional doing of an act with knowledge that harm may result. Atherton v. Gopin, 2015-NMCA-003, cert. granted, 2014-NMCERT-012. Law reviews. — For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973). For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).
NM Stat § 57-12-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-13 - Regulations.

The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of the Unfair Practices Act. History: 1953 Comp., § 49-15-11, enacted by Laws 1967, ch. 268, § 10 [10A]. ANNOTATIONSCompiler's notes. — See compiler's note to 57-12-12 NMSA 1978. Violation of regulations. — An automobile dealer violated the act when it failed to provide a customer with a written statement explaining the dealer's warranty policy as required by the attorney general's regulations. Salazar v. DWBH, Inc., 2008-NMSC-054, 144 N.M. 828, 192 P.3d 1205.
NM Stat § 57-12-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 12 - Unfair Trade Practices|Section 57-12-14 - Construction.

The Unfair Practices Act neither enlarges nor diminishes the rights of parties in private litigation. History: 1953 Comp., § 49-15-12, enacted by Laws 1967, ch. 268, § 11. ANNOTATIONSLaw reviews. — For article, "Consumer Class Actions Under the New Mexico Unfair Practices Act," see 4 N.M.L. Rev. 49 (1973). For note, "State Securities Law: A Valuable Tool for Regulating Investment Land Sales," see 7 N.M.L. Rev. 265 (1977).