reglab/housing_qa huggingface dataset:
NM Stat § 57-14-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-5 - Commissions and brokerages unlawful.

It is unlawful for any person engaged in commerce to pay, grant, receive or accept anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares or merchandise. It is unlawful for either party to the transaction to pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount to the other party to the transaction or to any agent, representative or other intermediary acting for, on behalf of or subject to direct or indirect control of the other party to the transaction. History: 1953 Comp., § 49-11-5, enacted by Laws 1961, ch. 229, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 54A Am. Jur. 2d Monopolies, Restraints of Trade and Unfair Trade Practices § 1070. Validity, construction, and application of state statute forbidding unfair trade practice or competition by discriminatory allowance of rebates, commissions, discounts, or the like, 41 A.L.R.4th 675.
NM Stat § 57-14-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-6 - Customer discrimination.

It is unlawful for any person engaged in commerce: A. to pay or contract for payment of anything of value to or for the benefit of a customer as compensation for any services or facilities furnished by or through the customer in connection with the processing, handling, sale or offering for sale of any products or commodities manufactured, sold or offered for sale unless the payment or compensation is available on proportionally equal terms to all other customers competing in the distribution of the products or commodities; B. to discriminate in favor of one purchaser against another purchaser of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of any services or facilities connected with the processing, handling, sale or offering for sale of the commodity purchased on terms not accorded to all purchasers on proportionally equal terms; or C. knowingly to induce or receive a discrimination in price which is prohibited by the Price Discrimination Act. History: 1953 Comp., § 49-11-6, enacted by Laws 1961, ch. 229, § 6.
NM Stat § 57-14-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-7 - Cooperatives exempt.

Nothing in the Price Discrimination Act prevents a cooperative association from returning to its members, producers or consumers the whole or any part of the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to or through the cooperative. History: 1953 Comp., § 49-11-7, enacted by Laws 1961, ch. 229, § 7.
NM Stat § 57-14-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-8 - Injunctive relief; damages.

A. Any person injured by any violation, or who will be injured from any threatened violation of the Price Discrimination Act may maintain an action in the district court to enjoin the violation or threatened violation. If a violation or threatened violation is established, the court shall enjoin it and the plaintiff may recover threefold, the amount of damages sustained, costs of suit and a reasonable attorney fee. B. Any person injured by any violation of the Price Discrimination Act may maintain an action in the district court for damages alone and the measure of damages is the same as that prescribed in Subsection A of this section. C. In any action under this section, upon proof that he has been unlawfully discriminated against by the defendant, the plaintiff shall be presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination and in addition, he may establish further damages sustained as a result of the discrimination. D. Where a defendant's trade or industry has an established cost survey for the localities in which the offense was committed, it is competent evidence to prove the costs of the defendant in an action under the Price Discrimination Act. History: 1953 Comp., § 49-11-8, enacted by Laws 1961, ch. 229, § 8; 1965, ch. 301, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 87 C.J.S. Trademarks, Tradenames and Unfair Competition § 245.
NM Stat § 57-14-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 14 - Price Discrimination|Section 57-14-9 - Illegal contracts.

Any express or implied contract made by any person in violation of the Price Discrimination Act is an illegal contract and no action for enforcement shall be maintained in any court in this state. History: 1953 Comp., § 49-11-9, enacted by Laws 1961, ch. 229, § 9. ANNOTATIONSLaw reviews. — For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
NM Stat § 57-15-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-1 - False advertising unlawful.

False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful. History: 1953 Comp., § 49-12-1, enacted by Laws 1965, ch. 79, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Advertising §§ 3, 7 et seq. Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.
NM Stat § 57-15-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-2 - False advertising defined.

The term false advertising means advertising, including labeling, which is misleading in any material respect; and in determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material in the light of such representations with respect to the commodity to which the advertising relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. History: 1953 Comp., § 49-12-2, enacted by Laws 1965, ch. 79, § 2; 1967, ch. 270, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and effect of laws or regulations requiring merchants to affix sale price to each item of consumer goods, 7 A.L.R.4th 792. Actionable nature of advertising impugning quality or worth of merchandise or products, 42 A.L.R.4th 318. What goods or property are "used," "secondhand," or the like, for purposes of state consumer laws prohibiting claims that such items are new, 59 A.L.R.4th 1192.
NM Stat § 57-15-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-3 - Notice of proposed action.

Before the attorney general commences an action pursuant to Section 4 [57-15-4 NMSA 1978] of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show either orally or in writing why such action should not be commenced. In such showing, said person may present, among other things, that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission or any official department, division, commission or agency of this state. History: 1953 Comp., § 49-12-3, enacted by Laws 1965, ch. 79, § 3.
NM Stat § 57-15-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-4 - Civil penalty.

Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices made unlawful by this act [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978] shall be liable to a civil penalty of not more than five hundred dollars ($500) for each violation, which shall inure to this state and may be recovered in a civil action brought by the attorney general or, with his consent, the district attorney of the district where the act is committed. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission. History: 1953 Comp., § 49-12-4, enacted by Laws 1965, ch. 79, § 4.
NM Stat § 57-15-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-5 - Injunctions to prevent violation.

A. The attorney general of the state of New Mexico or the district attorney of the district in which the violation occurs or a private citizen may bring an action in the name of the state against any person to restrain and prevent any violation of this act [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978]. Any proceeding initiated under this section by a private citizen shall be initiated on his behalf and all others similarly situated. B. The court in exceptional cases brought by private citizens may award reasonable attorneys' fees to the prevailing party. Costs or attorneys' fees may be assessed against a defendant only if the court finds that he has willfully engaged in false advertising. History: 1953 Comp., § 49-12-5, enacted by Laws 1965, ch. 79, § 5. ANNOTATIONSCross references. — For class action suits generally, see Rule 1-023 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Availability of permanent injunction under § 13(b) of Federal Trade Commission Act (15 USC § 53(b)), 70 A.L.R. Fed. 716.
NM Stat § 57-15-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-7 - Regulations.

The attorney general is empowered to issue and file as required by law all regulations necessary to implement and enforce any provision of this act [57-15-2, 57-15-6 to 57-15-8 NMSA 1978]. History: 1953 Comp., § 49-12-5.2, enacted by Laws 1967, ch. 270, § 3.
NM Stat § 57-15-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-8 - Enforcement.

In order to promote the uniform administration of this act [57-15-2, 57-15-6 through 57-15-8 NMSA 1978] in New Mexico, the attorney general is to be responsible for its enforcement, but he may in appropriate cases delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power conferred upon the attorney general by this act. History: 1953 Comp., § 49-12-5.3, enacted by Laws 1967, ch. 270, § 4.
NM Stat § 57-15-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-9 - Construction.

This act [57-15-1 through 57-15-5, 57-15-9, 57-15-10 NMSA 1978] neither enlarges nor diminishes the rights of parties in private litigation. History: 1953 Comp., § 49-12-6, enacted by Laws 1965, ch. 79, § 6.
NM Stat § 57-15-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 15 - False Advertising|Section 57-15-10 - Exceptions.

Nothing in this article [57-15-1 to 57-15-5, 57-15-9, 57-15-10 NMSA 1978] shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine or other form of printed advertising who broadcasts, publishes or prints such advertisement. History: 1953 Comp., § 49-12-7, enacted by Laws 1965, ch. 79, § 7.
NM Stat § 57-16-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-1 - Declaration of policy.

The distribution and sale of motor vehicles in this state vitally affects the general economy of the state and the public interest and welfare of its citizens. It is the policy of this state and the purpose of this act to exercise the state's police power to ensure a sound system of distributing and selling motor vehicles and regulating the manufacturers, distributors, representatives and dealers of those vehicles to provide for compliance with manufacturer's warranties, and to prevent frauds, unfair practices, discriminations, impositions and other abuses of our citizens. History: 1953 Comp., § 64-37-1, enacted by Laws 1973, ch. 6, § 1. 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. Law reviews. — For comment, "State v. Galio: An Administrative Search?," see 9 N.M.L. Rev. 419 (1979). Annual Survey of New Mexico Commercial Law, see 17 N.M.L. Rev. 219 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 394, 396. Regulation or licensing of business of selling motor vehicles, 57 A.L.R.2d 1265, 7 A.L.R.3d 1173. 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. Validity, construction, and application of state statutes regulating dealings between automobile manufacturers, dealers, and franchisees, 82 A.L.R.4th 624.
NM Stat § 57-16-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-2 - Application of act.

The provisions of this act shall apply to all persons, manufacturers, representatives, distributors and dealers and to all written or oral agreements between a manufacturer, distributor or representative with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interest, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other such agreements in which the manufacturer, distributor or representative has any direct or indirect interest. History: 1953 Comp., § 64-37-2, enacted by Laws 1973, ch. 6, § 2. 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. 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. Taken as a whole, this article does not afford protection to every prospective purchaser of an automobile franchise; the Act provides for standing in broad terms, but it links standing to forbidden conduct in specific terms. Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 918 P.2d 350. Reducing award of costs based on financial disparity between parties. — The district court abused its discretion when, without evidence, it reduced a cost award to defendant because of the financial disparity between the parties, plaintiff's perceived inability to pay all of defendant's costs, and the chilling effect that a large cost award might have on future litigation under this article. Key v. Chrysler Motors Corp., 2000-NMSC-010, 128 N.M. 739, 998 P.2d 575. This article (57-16-1 to 57-16-16 NMSA 1978) applies to manufacturers, representatives, distributors and dealers of self-propelled agricultural machines and equipment which may travel upon the public highways of New Mexico. 1974 Op. Att'y Gen. No. 74-25.
NM Stat § 57-16-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-4 - Unlawful acts; dealers.

It is unlawful for any dealer to: A. require a retail purchaser of a new motor vehicle, as a condition of sale and delivery thereof, to purchase special features, equipment, parts or accessories not ordered or desired by the purchaser, provided such features, equipment, parts or accessories are not already installed on the new motor vehicle when received by the dealer; B. use false, deceptive or misleading advertising in connection with his business; C. willfully defraud any retail buyer to the buyer's damage; D. fail to perform the obligations placed on the dealer in connection with the delivery and preparation of a new motor vehicle for retail sale as provided in the manufacturer's preparation and delivery agreements; E. fail to perform the obligations placed on the dealer in connection with the manufacturer's warranty agreements; F. represent or sell as a new motor vehicle any motor vehicle which has been used and operated for demonstration purposes or which is otherwise a used motor vehicle; or G. intentionally fail to perform any written agreement with any retail buyer. History: 1953 Comp., § 64-37-4, enacted by Laws 1973, ch. 6, § 4; 1985, ch. 236, § 1. ANNOTATIONSCross references. — For misrepresentation of age or condition of vehicle as an unlawful practice, see 57-12-6 NMSA 1978. Adequate statement of claim. — Allegations sufficient to state a claim under the New Mexico Motor Vehicle Dealers Franchising Act where car dealer affirmatively misrepresented to her that the car was a demonstrator, failed to disclose to that the car had been used as a rental car and had been involved in an accident. Salmeron v. Highlands Ford Sales, Inc., 271 F. Supp. 2d 1314 (D.N.M. 2003). Am. Jur. 2d, A.L.R. and C.J.S. references. — Regulation or licensing of business of selling motor vehicles, 57 A.L.R.2d 1265, 7 A.L.R.3d 1173.
NM Stat § 57-16-5.1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-5.1 - Prohibition on denial of claims based on technical errors.

A manufacturer, distributor or representative shall not charge back an element of a paid claim, customer or dealer incentive, recall claim or warranty claim based on a dealer's incidental failure to comply with a claim requirement or a clerical error or other technicality, as long as the dealer corrects the clerical error or other technicality according to licensee guidelines within ninety days of learning of the clerical error or other technicality and provides appropriate documentation to demonstrate the need for the repair. This section applies to a successor manufacturer or distributor. History: Laws 2018, ch. 28, § 4. ANNOTATIONSEmergency clauses. — Laws 2018, ch. 28, § 6 contained an emergency clause and was approved March 1, 2018.
NM Stat § 57-16-5.2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-5.2 - Used vehicles; do not drive or stop sale orders; duty to provide parts or equipment; compensation for delay.

A. If a manufacturer, a distributor or the federal government issues a stop sale order or do not drive order on a used motor vehicle that is part of a franchise motor vehicle dealer's inventory, the manufacturer or distributor upon availability shall immediately provide to the dealer the part or equipment needed to make the vehicle comply with the motor vehicle standards or to correct the defect. B. If a remedy or part necessary to repair a used motor vehicle subject to a stop sale order or do not drive order is not available within thirty days of the issuance of the order, upon request of a franchise motor vehicle dealer, the manufacturer shall compensate its franchise motor vehicle dealer for each affected used motor vehicle of the same line-make as new vehicles that the dealer is authorized to sell or service in the dealer's inventory at a prorated rate of at least one percent of the value of the used motor vehicle per month, commencing on the thirtieth day after the order was issued and ending on the earlier of the date that a remedy or all parts necessary to repair or service the affected used motor vehicle are made available to the dealer or the dealer sells, trades or otherwise disposes of the affected used motor vehicle. Alternatively, a manufacturer may compensate a motor vehicle dealer under a recall compensation program if the motor vehicle dealer agrees to be compensated under the program. A manufacturer is not required to compensate a motor vehicle dealer for more than the total value of the used motor vehicle. C. Compensation provided to a franchise motor vehicle dealer under Subsection B of this section is exclusive and shall not be combined with any other recall compensation remedy under state or federal law. D. For the purposes of this section, a used motor vehicle is part of the franchise motor vehicle dealer's inventory if the used motor vehicle is held for sale and in the possession of the dealer on the date the do not drive order or stop sale order is issued or if the dealer obtains the used motor vehicle as a result of trade-in pursuant to the purchase of a new or used motor vehicle or a lease return contract after the date that the order is issued but before the remedy and all parts necessary to repair the used motor vehicle are made available to the dealer. The manufacturer may establish the method by which a dealer demonstrates that an affected motor vehicle is part of the dealer's inventory. The method may not be unreasonable, be unduly burdensome or require the dealer to provide information to the manufacturer that is not necessary to validate payment. History: Laws 2018, ch. 28, § 5. ANNOTATIONSEmergency clauses. — Laws 2018, ch. 28, § 6 contained an emergency clause and was approved March 1, 2018.
NM Stat § 57-16-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 16 - Motor Vehicle Dealers Franchising|Section 57-16-6 - Obligations; statement of compensation.

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule or statement of the compensation to be paid or credited to its motor vehicle dealers for the work and services they shall be required to perform in connection with such delivery and preparation obligations shall be furnished to the dealer. The compensation as set forth on such schedule or statement shall be reasonable and paid or credited as set out in Section 7 [57-16-7 NMSA 1978] of this act. History: 1953 Comp., § 64-37-6, enacted by Laws 1973, ch. 6, § 6.